Malcolm Leslie Bishop KC has been sworn in for a four-year term as Tonga’s new Chief Justice.
He is now the Lord Chief Justice of the Supreme Court and President of the Land Court of Tonga.
“Hon Malcolm Leslie Bishop KC took his oath this morning in Cabinet, as the newly appointed Lord Chief Justice”, said the Prime Minister’s Office.
The event was witnessed by the Honourable Hu’akavameiliku, the Prime Minister, and members of the Cabinet.
The appointment of Mr Bishop from Wales, UK, has faced strong criticism due to his sexual orientation.
As Kaniva News reported last week, Senior Tongan lawyer Clive Edwards Snr alleged that advocates for LGBTQ+ rights, such as Mr Bishop, may be breaching Tonga’s laws prohibiting sodomy.
Mr Edwards also expressed concerns about Mr Bishop’s ability to remain impartial in court cases involving sodomy over which he would preside.
In 2021, Tonga’s then Chief Justice, Mr Michael Whitten, sentenced an 18-year-old teenager to 42 months imprisonment after sodomising a 14-year-old boy.
CEDAW
The controversy surrounding the appointment of the new Chief Judge arises about a decade after protests had been staged against the Akilisi Pōhiva government’s decision to ratify CEDAW.
ABC Radio reported that the King of Tonga finally decided to withdraw the government’s ratification of the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
“There has been a strong reaction from churches and members of the public against CEDAW, over fears it could lead to abortion and same sex marriage in the conservative kingdom”, it said.
“King Tupou VI has met with his privy council and issued a memorandum saying that he never authorised any of his Ministers to sign or ratify CEDAW and he has instructed his ministers to annul Tonga’s signature or ratification of the CEDAW Treaty”.
The king also said the government’s move to ratify CEDAW was “unconstitutional”.
The King, in a statement, said he wanted to acknowledge the concerns of 13,048 of his subjects who have sent eight petitions to him, RNZ reported at the time.
Tonga is one of only seven countries, including the United States, which have not ratified the convention.
LGBTQ+ lifestyle
As we reported last week, a petition was currently being organised to urge the king to revoke his appointment of Mr Bishop as the new Chief Judge after it was revealed that his LGBTQ+ lifestyle might violate Tonga’s law, which prohibits sodomy.
The petition stems from the revelation that Mr Bishop and his late partner, Anthony Vander Woerd, another man, lived together as a gay couple for 51 years.
The Legal Futures website reported earlier this month that Mr Bishop is an LGBTQ barrister, and he is open about his sexual orientation and gender identity.
The online legal news source also reported Barrister and TV personality Rob Rinder as saying that he had previously named Mr Bishop as his LGBTQ hero.
Rinder also reportedly said that in 2021, Mr Bishop “was an out gay barrister when I arrived in chambers over 20 years ago” and described him as “somebody that I looked up to, who was quite literally modelling a life that I aspired to”.
Same-sex marriages have been legal in England and Wales since March 29, 2014.
Churches and legal stakeholders in the kingdom were planning petitions and marches to the king, urging His Majesty to rescind Mr Bishop’s appointment.
Tongan sodomy law
Lawyer Clive Edwards said Mr Bishop’s gay lifestyle, in the eyes of the law of Tonga, was regarded as committing sodomy.
Tonga’s Criminal Act section 136 about Sodomy and bestiality says:
“Whoever shall be convicted of the crime of sodomy with another person or bestiality with any animal shall be liable at the discretion of the Court to be imprisoned for any period not exceeding ten years and such animal shall be killed by a public officer. (Substituted by Act 9 of 1987)”.
Christian life
After attending Ruabon Grammar School near Wrexham in Wales, he pursued theology studies at Oxford University.
More recently, he started translating the New Testament into modern English, much of which was done during Covid, and had recently published The Gospels – a lawyer’s translation from the original Greek. He said his translation of the whole of the New Testament would be published by the end of the year.
He was called to the Bar in 1968 and is now a King’s Counsel.
He served as a Deputy High Court Judge, Recorder of the Crown Court, Chairman of the Isle of Man Legal Services Commission, Bencher of the Inner Temple, and member of the Family Law Bar Association Committee. He was formerly a member of the Bar Council.
He has also been a Prospective parliamentary candidate for the Labour Party, standing for Bath in February 1974 and October 1974.
