The highly anticipated retrial appeal of former MPs and Cabinet Ministers ‘Etuate and ‘Akosita Lavulavu is set to be heard this week, marking another dramatic turn in what has been dubbed the “court case of the century.”
The couple, previously convicted and jailed for misusing over TOP$500,000 in government funds, won an appeal while in prison, leading to their release and an order for a retrial.
The couple’s appeal succeeded because former Justice Cooper, the presiding judge, failed to maintain impartiality.
The case stems from a 2016 Auditor General’s report, which uncovered alleged financial mismanagement involving the Lavulavus’ school, ‘Unuaki ‘o Tonga Royal Institute.
In July 2021, the couple was found guilty and sentenced to prison.
Justice Langi reportedly stated during one of the retrial hearings that the material in the Auditor General’s report was considered hearsay and ruled it out as evidence.
However, the Director of Public Prosecutions (DPP) submitted that the whole report was not based on hearsay.
The DPP said the voir dire hearing was conducted at various times from 7 November 2023 to 30 April 2024 to determine whether the auditor’s report would be admissible in court.
On 6 September 2024, Chief Justice Bishop KC agreed to submit the Crown’s appeal against Mrs Langi’s decision to the Court of Appeal.
The Lavulavu couple also submitted a cross-appeal on 21 November 2024, which Justice Bishop KC had also approved.
Meanwhile, it is understood that the decision on the appeal was expected to be announced before this Friday.
The case has gripped the nation, and many are watching closely to see whether justice will be reaffirmed or whether new legal challenges will further prolong the saga.
