Editorial – A Supreme Court judge’s recent decision to scrutinise a medical certificate and seek clarification from the doctor who issued it raises an important question for Tonga’s justice system: should courts make it standard practice to independently verify medical evidence that excuses a defendant from appearing or could halt proceedings?

The judge’s intervention is particularly significant given some recent court outcomes involving defendants with reported mental-health conditions that have surprised members of the Tongan community. Some people who claimed to know the defendants have questioned on social media whether they were genuinely mentally incapacitated.

While community perceptions cannot be used to disqualify medical evidence, they should not be dismissed entirely in serious cases in a small and closely connected society such as Tonga. In a community where people are highly visible and interdependent, people’s knowledge of one another’s behaviour and conduct inevitably shapes public perceptions, and controversial court decisions can easily undermine confidence in the justice system.

The Tongan community is characterised by nofo ʻa kāinga, a closely interconnected social system in which people, including those in positions of authority, are bound by relationships and expectations of mutual assistance. Within this system, helping one another is regarded as a normal social obligation, even in circumstances where such assistance could potentially conflict with legal or institutional responsibilities.

While we cannot discuss certain cases in detail for legal reasons, the Ministry of Justice and the courts should be able to identify them from their records. These include several high-profile drug cases and cases in which people were reportedly recommended for release from prison on medical grounds because their illness was considered incurable, yet, several years later, remain actively involved in community activities. Although this does not necessarily invalidate the original medical assessment, it may understandably raise questions within the community.

Such cases have long been the subject of mockery within the community. Public scepticism has become so entrenched that, when serious criminal cases come before the courts, some people cynically joke that the accused need only obtain a medical certificate declaring them mentally incapacitated to avoid standing trial.

This is where making independent verification standard practice becomes particularly important: it would protect the credibility of both the justice and health systems by ensuring that medical evidence affecting serious court proceedings has been properly scrutinised, leaving less room for public doubt when court outcomes appear inconsistent with community perceptions.

Standardising Medical Evidence Verification

A good standard practice would be to routinely verify any medical certificate or other medical evidence that materially affects court proceedings, while requiring an independent medical assessment or second opinion where the seriousness or circumstances of a case warrant additional scrutiny.

A second opinion from an overseas medical authority, including an appropriately qualified specialist in New Zealand, should also be considered where the consequences are particularly significant, or the necessary specialist expertise is unavailable in Tonga.

Tonga has previously relied on New Zealand medical and laboratory authorities for independent verification, including the retesting of suspected COVID-19 cases.

Although psychiatric assessments are different, this demonstrates that seeking external expertise is not unusual when additional certainty or specialist assessment is required.

Judicial Follow-Up Sets Example

The law may already allow courts to scrutinise medical certificates, but the Supreme Court’s recent decision to contact the issuing doctor directly provides a practical example of why courts should take a second look at medical evidence when it could materially affect proceedings.

Justice Paul Garlick KC recently sought clarification from a doctor about a certificate submitted during the electoral bribery case involving former Infrastructure and Tourism Minister Sēmisi Sika.

Sika requested an adjournment during cross-examination, citing fatigue. When the court reconvened, a medical certificate was submitted stating that he had returned home after feeling unwell.

As Kaniva News previously reported, Justice Garlick was concerned that the certificate did not specify Sika’s illness. A staff member claimed in court the minister had recorded high blood pressure, but the judge noted that this was not stated in the certificate.

The judge reportedly attempted to contact the issuing doctor for clarification. The proceedings ultimately continued, with Sika participating from home by Zoom.

The case did not involve a claim of mental incapacity. Nevertheless, the judge’s approach demonstrated an important principle: courts are not required to accept an unclear medical certificate without asking reasonable questions. The importance of such scrutiny extends beyond the individual case to public confidence in the justice system.

Justice Garlick’s action may not constitute a binding legal precedent, but it offers a valuable example. Tonga’s courts should adopt a consistent practice of closely examining medical evidence whenever it could determine whether an accused person remains answerable before the law.

Tonga Police have confirmed that a 17-year-old boy from Fuaʻamotu died in a suspected suicide on Monday, 31 August.

Police announced the death in a statement released this afternoon.

An investigation into the circumstances surrounding the teenager’s death remains ongoing, and no further details have been released.

“Tonga Police extend sincere condolences to the deceased’s family and loved ones during this difficult time,” the statement said.

Tributes are flowing for 42-year-old Tevita Napa’a after friends and kāinga identified him on social media as the man whose death in Tofoa led to the arrest of a 23-year-old man.

Tonga Police did not name the deceased when announcing the arrest on Monday, identifying him only as a 42-year-old man from Tofoa.

However, following the announcement, friends and kāinga began sharing Napa’a’s name and photographs on social media while posting emotional tributes and messages of condolence.

The posts have brought a personal face to the death initially reported by Kaniva News without the victim’s identity because it had not been publicly released at the time.

Friends and kāinga expressed shock and sadness at Napa’a’s death, while others offered prayers and condolences to his family.

One friend remembered Napa’a as a kind and friendly person who was well known among those around him, describing his death as difficult to comprehend.

Another tribute expressed shock at his sudden death, saying the news had brought deep sadness and that he would be greatly missed by his friends and loved ones.

A member of his kāinga recalled Napa’a with affection, reflecting on the memories they had shared and the pain of knowing they would no longer see him among family and friends.

Another mourner offered condolences to Napa’a’s family and kāinga, praying that they would find strength and comfort as they grieved their loss.

Arrest and investigation

As previously reported by Kaniva News, Tonga Police said the suspect had been arrested in connection with Napa’a’s death.

Police said the accused was originally from Vaini but was living in Tofoa at the time of the incident.

Police have not released details about the circumstances surrounding Napa’a’s death or said whether the two men knew each other.

The suspect remains in police custody and is scheduled to appear in court.

Police have also not publicly disclosed what charge, if any, has been laid against him.

The investigation remains ongoing.

Tonga’s Auditor-General identified a TOP$277.86 million discrepancy in government asset records and blamed “major malpractice of executive management” for overriding procurement controls in transactions worth more than TOP$6 million.

The findings are contained in the Tonga Office of the Auditor-General’s Financial and Compliance Audit report covering the Government’s financial statements for the year ended June 30, 2023.

The Auditor issued a qualified opinion on the Government’s Public Accounts because of longstanding problems involving property, plant and equipment.

“The complete accountability and effective management of all government assets are a major long-outstanding issue,” the report said.

It identified a TOP$277,864,226 difference between the Government’s updated fixed-asset registers and the accumulated balance recorded in its Sun-System accounting platform.

The discrepancy does not necessarily mean that TOP$277.86 million in public assets was stolen or missing. It means the Government’s two sets of records differed by that amount and the Auditor could not obtain sufficiently reliable information to confirm the complete and accurate value of public assets.

The Ministry of Finance was counting assets and reconfirming the fixed-asset registers maintained by individual ministries, the report said.

No complete asset register

The Auditor found that the Government still did not have a complete fixed-asset register covering all public assets.

There was also no depreciation policy to account for the declining value of assets over time, meaning the recorded balance represented amounts accumulated over many years.

The report said risk-management work relating to government financial records and the preparation of the Public Accounts had “yet to start” and remained in a similar position to the previous year.

Evaluation of the Government’s internal-control environment was also outstanding, with the Auditor calling for a more proactive internal-audit function that included physically checking transactions.

The Auditor raised 44 issues with the Chief Executive Officer of the Ministry of Finance, including matters carried forward from previous financial years.

‘Major malpractice’ in procurement

In a separate and potentially more serious integrity finding, the Auditor reviewed six internal-audit reports prepared by the Ministry of Finance and identified procurement non-compliance involving TOP$6,097,580.09 at the Ministry of Infrastructure.

The transactions involved projects including roadside drain cleaning, road sealing and widening, coral delivery and the supply of speaker boxes.

The Auditor found that formal contracts were absent from various projects, raising concerns about accountability, transparency and potential financial risks.

The Ministry of Infrastructure was also found to have used unauthorised rates.

“This deviation from approved rates is a potential breach of procurement regulations and raises concerns about the fairness and value for money in these transactions,” the report said.

The Auditor attributed the breaches to executive management overriding the Government’s internal controls and regulated procurement procedures.

“The above instances always occurred from major malpractice of executive management [which] over-ruled the system of internal control and regulated procedures,” it said.

The report did not identify the executives involved or state whether anyone had been investigated or disciplined.

Ministry gives brief response

The Auditor recommended that procurement requirements be strictly enforced before public payments were processed.

It said the Ministry of Finance should check transactions carefully, reject non-compliant payments and hold the officers responsible for identified breaches accountable.

The ministry’s recorded response was brief.

“We note the concern, and we will look at how best [to] address this,” it said.

The report does not indicate whether the TOP$6.1 million represented a financial loss, nor does it conclude that corruption occurred.

However, the absence of formal contracts, use of unauthorised rates and alleged overriding of procurement controls create serious risks of waste, favouritism and misuse of public money.

Related-party controls absent

The Auditor also found that the Ministry of Finance had not established procedures to identify and disclose related-party transactions across government ministries.

Such procedures are intended to reveal transactions involving people or entities capable of exercising control or significant influence over government financial and operational decisions.

The Auditor said the required disclosures should identify related parties, transactions involving them and compensation provided to key management personnel, including non-cash benefits.

The issue remained outstanding from an earlier audit.

Unsigned multimillion-dollar loan

The report also said a loan agreement worth TOP$6,761,247 between the Government and City Assets, formerly known as Molisi Tonga, had yet to be signed.

The Auditor described it as a long-outstanding matter and recommended that the Ministry of Finance take immediate action to resolve it.

Other continuing problems included operational grants paid to third parties without signed agreements, undisclosed third-party payments made on the Government’s behalf and weaknesses in recording externally funded projects.

Salary overpayments also remained unresolved. Of TOP$144,507.28 in overpayments recorded, only TOP$51,049.42 had been recovered, leaving TOP$93,457.86 outstanding.

A further TOP$42,926.70 was considered irrecoverable because some employees had retired or been dismissed, or because officials were advised too late that staff members had taken study leave without pay.

The audit findings do not establish that public money was stolen. However, they reveal longstanding weaknesses in the systems intended to identify government assets, control spending, enforce procurement rules and hold public officials accountable.

Tonga Police have arrested a 23-year-old man in connection with the death of a 42-year-old man in Tofoa.

Police said the suspect was originally from Vaini but was living in Tofoa at the time of the incident.

The deceased was also from Tofoa, according to a police statement issued today, Monday 31.

The police have not released any details about the circumstances or whether the two men knew each other.

The suspect remains in police custody and is scheduled to appear in court.

Police have not disclosed what charge, if any, has been laid against him.

The investigation remains ongoing.

Tongatapu 5 MP Dr ʻAisake Eke has warned that Tonga’s worsening government audit performance could undermine the confidence of overseas partners providing budgetary support to the Kingdom.

Eke raised the concern in Parliament after reviewing the Government’s overall audit results for the 2024/25 financial year, which he said were significantly worse than those recorded in 2023/24.

The former Prime Minister said the decline extended across government ministries and departments, many of which had allegedly failed to respond adequately to findings and questions raised by the Audit Office.

“Looking at the overall audit results and comparing them with those of the previous year, I can see that they are extremely poor,” Eke told Parliament.

“The results for 2024/25 are worse than those for 2023/24.”

Foreign Funding Confidence at Risk

Eke said Tonga’s overseas partners could become concerned if they saw public institutions repeatedly failing to address audit findings while continuing to receive foreign financial assistance.

“We must remember that the money we administer belongs to our own people and also includes budgetary support provided by our overseas development partners,” he said.

“It is important that we maintain their confidence. If our overseas partners observe this pattern of declining performance, I believe they will also become concerned.”

Audit findings allegedly ignored

Eke questioned why ministries and departments appeared to pay little attention when the Audit Office asked them to respond to its findings.

“When the Audit Office releases its findings and asks ministries and departments to respond, there appears to be little or no attention given to them,” he said.

“The responses received are also inadequate.”

The MP warned that failing to answer audit concerns could weaken confidence in how public and donor funds were being managed.

Public boards also deteriorating

Eke said similar problems had been identified among Tonga’s public boards, with the latest audit period revealing more concerns than in previous years.

“Their performance is unsatisfactory, and the problems identified this year are considerably greater than those reported previously,” he said.

“We can therefore see that our overall performance is declining.”

He said the deteriorating results reflected broader weaknesses in the Government’s compliance with the law.

Eke also acknowledged that Parliament was not exempt from responsibility.

“This also includes the Legislative Assembly—we are part of the problem,” he said.

Call to restore confidence

Eke urged ministries, departments, public boards and Parliament to act on the findings during the 2025/26 financial year and reverse the continuing decline.

He said addressing the problems was essential not only for protecting taxpayers’ money but also for maintaining the trust of countries and international organisations supporting Tonga’s national budget.

“We must reverse the graph so that it no longer continues downwards but begins moving upwards,” Eke said.

No evidence was presented that any overseas partner had already reduced or threatened to withdraw budgetary support. However, Eke warned that continued deterioration could cause them to question whether Tonga’s public funds were being managed responsibly.