October 17, 2007                                        News You Can Trust!!                                      Volume 7

Harder Rocks in Tongan Magistrates Court

New Zealand banned barrister Christopher Harder was back in court, this time in Nuku’alofa, Tonga Thursday doing what comes naturally almost 15 months after his name was struck from the NZ lawyers roll after he admitted one count of professional misconduct.

Harder was admitted to the Tongan Supreme Court this past week by Chief Justice Anthony Ford, a former Wellington lawyer, after Harder filed an affidavit which revealed that following Harder being struck off and having a minor heart attack he  attended an intense Alcohol and Drugs program as well as attended an anger management course, returned to regular attendance at Alcoholics Anonymous and received a psychiatric clearance from the Auckland Bexley clinic.

Harder’s application to be admitted to the Tongan Supreme Court was supported by Auckland lawyers Peter Williams QC, Christopher Comeskey, Melanie Coxon, Nelson Tupou and Tongan barrister Clive Edwards (a former Tongan Minister of Police) along with seven pro democracy members of Parliament and the president of the Tongan Law Society.

The five charged members of parliament, who are each facing sedition and unlawful assembly charges, one is also charged with abetting murder, petitioned the Chief Justice in support of Harder’s admission to ensure they had “an equality of arms” with counsel in court.

Harder is representing several members of Parliament including long time activist and pro democracy leader  ‘Akilisi Pohiva.  Mr Harder and Clive Edwards are representing the murder accused. Auckland Crown Solicitor Simon Moore and crown prosecutor Richard Marchant are prosecuting on the murder. Australian barrister Peter Little is prosecuting the sedition and unlawful assembly charges.

The Thursday lower court hearing for the five MP’s, including Clive Edwards, who is currently representing himself, remained deadlocked for most of the day over whether the charges should be heard jointly in one large hearing or separately in a number of smaller hearings.

Local lawyer Mana Kaufusi, who sat in court as an observer through out the day said that Mr Harder made the court room rock and roll with repeated up and down skirmishes with the Australian prosecutor. He said when no agreement could be reached after nearly 4 hours Mr Harder was credited with coming up with a novel solution that allowed matters to progress. He said Mr Harder proposed that the most serious charge, the cabinet room sedition allegations be heard first. Kaufusi said he then suggested to the judge that the Crown call its evidence in support of a prima face case for each matter and that the judge adjourn each hearing part heard. Only after the three part heard matters have concluded would the defence then be required to elect if they were to call any evidence or just make a no case to answer submission to each allegation. The magistrate and all counsel agreed to Mr Harder’s  proposal.  

Most of the Tongan members of cabinet including the Prime Minister are expected to give evidence and be cross examined at the lower court hearing due to start formally in Nuku’alofa on Monday 14 May. Harder claimed the cabinet room sedition charges go to the heart of the matter because the government is accusing the pro democracy members of Parliament of unlawfully forcing the cabinet to change the law and the constitution under threat of violence. In an effort to stop the riot the Prime Minister claims he gave into pro democracy “demands” to alter the constitution to allow for 21 people’s representatives with only 9 positions reserved for the nobles.

Harder  responded to a public call by Auckland  Tongan born lawyer Nelson Tupou for New Zealand lawyers to help represent over 800 accused following the 16 November riot that saw the heart of Nuku’alofa burnt to the ground. Any accused convicted of sedition will be prohibited by law from sitting in parliament. When asked why he came to Tonga? He said, “to help ensure judicial fair play and to see if there was some way to find peace through restorative justice.”

- from the Kele'a