The Supreme court has refused to return a passport to former MP ‘Etuate Lavulavu, who has been convicted of fraud, to allow him travel overseas.
‘Etuate and his wife ‘Akosita Lavulavu, also a former MP and Cabinet Minister were convicted on three counts of obtaining money by false pretences.
They were found guilty of fraudulently obtaining money from the Ministry of Education and Training by lying in applications for money from the Technical Vocational Educational Training Grant about the number of students enrolled at their private college, the ‘Unuaki ‘o Tonga Royal Institute.
The Lavulavus successfully appealed part of their sentences while they were at the Hu’atolitoli prison. However, the Court of Appeal said sufficient evidence had been presented at the original trial to have gained a conviction on a correct application of relevant legal principles. It granted the Lavulavus a retrial.
Lord Chief Justice Whitten has set the retrial date to May 8, 2023.
Mr Whitten also refused ‘Etuate’s request to return his items seized by the police.
“His request for a letter from the Court “officially declaring that his record is clear from the charges” is also refused”, Mr Whitten said.
“This Ruling shall stand as an official declaration as to the effects of the Court of Appeal’s orders for a retrial and Mr and Mrs Lavulavu’s current bail status”.
“However, as indicated during the hearing, I do regard it as important for the DPP to expeditiously decide whether to proceed with any retrial.
“The interests of justice, which include those of Mr and Mrs Lavulavu and their need for certainty, the Crown, any witnesses to be called and the community’s interest in the limited resources of the State and the Court being applied efficiently and effectively, will not be fostered and are in fact likely to be prejudiced, by any undue delay in proceeding with this matter one way or the other.
“Any connection between Mr Lavulavu’s recent complaints to the Tonga Law Society about the original trial and any decision whether to proceed with a retrial was not elucidated by Mrs Aleamotu’a during her submissions.
“For that reason, I direct that, by 30 November 2022, the OPP is to file a notice as to whether the Crown intends to proceed with a retrial.
“Further, if by that date, the Crown decides to proceed, the retrial will be listed to commence on 8 May 2023 and on an estimate of four weeks”.
