COMMENTARY: The Tongan government should not have granted disgraced politician Etuate Lavulavu a radio license until the verdict in his retrial in the Supreme Court has been handed down.
Lavulavu has been granted a broadcasting license by the government even as he is awaiting a new trial.
The law presumes that everyone is innocent until proven guilty and the Supreme Court has made every effort to ensure that his new trial will be fair.
However, what will happen if he is found guilty and sent back to jail?
Will the government revoke his license? Or will it think it is appropriate to allow a convicted criminal to own a radio station?
The Tongan Government portal recently published a photograph of the Director of the Communications Department, ‘Alifeleti Tu’ihalamaka and others with Lavulavu at a ceremony to hand over a broadcasting license.
The license is for an FM radio station, Tonga People’s Radio Ltd, which Lavulavu jointly owns with Mahealani Kaufusi.
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Lavulavu bought the government’s Kalonikali newspaper and was accused of publishing libelous material about former Deputy PM Semisi Sika.
Lavulavu and his wife ‘Akosita, were convicted of corruption and fraud in the Supreme Court and jailed in July 2021. However, that verdict was later overturned by the Court of Appeal and the couple will now face a re-trial on an amended indictment.
Lord Chief Justice Whitten said the charges were serious and there was a powerful public interest in ensuring that they were tried properly, fairly and according to law.
An application by ‘Etuate Lavulavu to strike out his prosecution, claiming it was an abuse of process, was struck out by the Lord Chief Justice on May 19.
Last December, the Supreme Court refused to return a passport to him when he wanted to travel overseas.
This is not the first time that the treatment the Lavulavus have received from government officials has upset the public. There was an outcry in 2021 when the Lavulavus were temporarily released to go home shortly after they were jailed.
Former Prime Minister Tu’ionetoa devoted an enormous amount of time defending former Infrastructure and Tourism Minister ‘Akosita Lavulavu.
The current outcry is something in the same vein and it has occurred because once again government officials have failed to understand that their actions must not only be completely above board at all times, but they must be seen to be that way.
Some members of the public might well think that it was reasonable to grant Lavulavu and his partner a license since he must be presumed innocent until proven guilty and that there is no proof that he will do anything to abuse his license.
However, for the Director of Communications to pose for a photograph on the official government portal was not appropriate. It is difficult to think of any other license owner who has been treated this way.
The problem is that by placing him on a government page with government officials, some people may think that the real purpose of publishing the photo was to rehabilitate Lavulavu and to indicate that he had some level of official support.
It was extremely unfortunate for the Department of Communication to create a situation – however inadvertently – where any members of the public might be tempted to think that the government was acting in a way that contradicted the aims of the judiciary.
If the Lavulavus are to be rehabilitated, that is properly a matter for the Supreme Court, which will either find them not guilty or send them back to jail.
