Pohiva’s lawyer harassed

ONE of Tonga’s passport case lawyers, Natesoni Tupou, says he is being harassed and “punished” by Tongan authorities, who last month barred him from entering his homeland without a special permit.

He claims the moves against him are part of a plan to “cut off legal assistance and advice” to Tongan pro-democracy

campaigner ’Akilisi Pohiva after he forced the govern ment to change the consti tution in an attempt to legitimise illegal passports sold to hundreds of foreigners.

“They’re uncertain about what is going to happen next with court action,” said Tupou, who lives in New Zealand. “They are shocked that they have been forced to admit that what we have argued for two-and-a-half years is the state of the law.

“He said he would become the “first Tongan in exile,” adding that the “sad state of affairs” in the country could lead to instability.

On March 22, Tupou

received a letter from Tongan Police Minister ’Akau’ola confirming the ban and claiming that on previous visits to Tonga “you have practised law without obtaining prior permission.” The minis ter’s letter was sent on the same day as Pohiva arrived in Auckland for a week long visit to speak to the Tongan community about the passport scandal.

Tongan-born Tupou, 40, has held a New Zealand passport since 1967. When he arrived in Tonga on March 9 for a week long unrelated court case, he was held at Fua’amotu airport by an immigration official “awaiting instructions.”

Tupou called police Chief Superin tendent ’Eleni ’Aho and was questioned about whether he would see people’s representative Pohiva and whether he was doing any legal work for him.

Believing that he might be about to be arrested or deported, Tupou alerted the NZ High Commission and appealed to Chief Justice Geoffrey Martin for a habeas

corpus hearing.

After the judge granted a hearing, Tupou left the airport with a visitor’s permit enabling him to stay “two days 15 1/2 hours.” He needed two further extensions in his passport for the week.

People’s representative Laki Niu, also a lawyer, described the action taken

against Tupou as unprecedented. “Why

is (’Akau’ola) doing this?” Niu asked.

“Why isn’t this being applied to foreign lawyers such as Dr Harrison, Frank Hogan, Clive Edwards and Fiji’s Tevita Fa. Fijian lawyers, New Zealand law yers, Australian lawyers even Ameri can lawyers have come to Tonga.

None of these people have been given a letter like this, that I know of.” □

David Robie Nalesoni Tupou: Tongan exile at work in Auckland