Court rules former PM committed bribery; declares Tu’i’onetoa election void

Nukualofa: The election of Dr Pohiva Tu’i’onetoa as the Tongatapu No.10 People’s Representative to the Legislative Assembly has been declared void by a Supreme Court judge, who found that the former Prime Minister committed bribery on one occasion, in the lead up to the November 2021 General Election.

The election petition was filed by Kelekolio Taniela Kiu a registered voter for Tongatapu 10 district, who is a farmer by profession. He also worked as town officer from 2010-16.

Kiu challenged Dr Tu’i’onetoa’s election alleging that he committed two acts of bribery in breach of section 21(1)(a) of the Electoral Act and therefore sought the court’s declaration that Tu’i’onetoa’s election is void.

Mr Justice Cooper issued a written 35-pages judgment today, after hearing evidence presented over three-days of trial on April 19-21, at the Supreme Court in Nuku’alofa.

He found that a ‘tokoni ’ of $50,000 pa’anga (FJ$ 46,751.49) made by Tevita Lavemaau (the then Minister of Finance) at a ‘Niutao event’ and repeated at a Lapaha event was an offer of promise on behalf of Dr Tu’i’onetoa, of a valuable gift with the intention to influence any elector to vote for him, had been proven to the required standard of bribery. The judge therefore declared Dr Tu’i’onetoa’s election void and ordered him to pay the costs of the proceedings.

“Pursuant to section 37 of the Electoral Act 1989 I shall forthwith certify this result to the Speaker of the Legislative Assembly,” stated the judgement. In the Tongan language the word “Tokoni” means to help, assist, give a hand (ref. Churchward).

The Niutao event ran from 1-2 October 2021, which showcased the handicrafts of the Women’s Association of Tongatapu 10.