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The Tongan Supreme Court has ruled that a report on the Ravalavu College prepared by the Auditor General’s department cannot be used as evidence in the retrial. Judge ‘EM Langi, who heard the case, declared the report prepared by the Auditor General on October 5, 2016 inadmissible because it relied on hearsay evidence.
The report was originally intended to be used as evidence in the retrial of Etuate and Akosita Lavulavu, who were accused of obtaining money for their college, Unuaki o Tonga Royal Institute (UTRI) under false pretenses. On October 10, 2022, the Court of Appeal quashed their previous convictions and ordered a retrial. The retrial was originally scheduled to begin on May 8, 2023 under the direction of then Chief Justice Whitten, but was postponed for various reasons.
The prosecution’s plan to use the Auditor General’s report was opposed by the defendants, leading to a preliminary inquiry – a judicial inquiry to determine the admissibility of evidence. On August 16, 2023, Mr. Lavulavu filed a supplementary objection, claiming that the report was produced through an improper and unfair process.
Judge Ranji’s review focused on whether the report constituted hearsay and illegally obtained evidence. He concluded that the Auditor General’s report was fundamentally unreliable, based on interviews and data collected by auditors. The judge noted that the report’s assessments were based on second-hand information, which weakened its credibility as evidence.
The report highlighted discrepancies in UTRI’s use of TVET grants, questioning whether the funds were allocated appropriately. The report recommended that the college should repay $553,800 because of inconsistencies in reported student attendance and tuition payments.
However, Judge Ranji stressed that the evidence in the interview and subsequent reports was influenced by hearsay and therefore could not be used in court.
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