NUKU’ALOFA, Tonga – During the riots last November, eight men were killed in the fires lit by arsonists.  Four men have been charged with those murders, but the case may never get to trial because the Australian investigators are withholding autopsy and fire reports.

The Australians have said that they do not want to be involved in convicting persons under a death penalty.  The New Zealand prosecution team has said that they are not seeking the death penalty, and that it would be highly unlikely for the New Zealand judge hearing the case to impose it.  The prosecution team and the Tongan government have been trying to get hold of the reports for the last eight months, but they remain hopeful that they will get copies eventually.

Meanwhile, the defense lawyer has asked that the charges be dropped, since without the autopsy reports, the causes of death cannot be proven.

On a related note, judges in Australian have proposed a regional court, in part because of a rise in cross-border crimes, the small size of many of the Pacific nations, and the need to develop regional assets.  United Nations human rights conventions and standards and their applications, as well as the bills of rights of the Pacific countries, were discussed.  This may be related to Australia’s strong anti-death penalty stance.

For more information, please see:

ONE News – NZ embroiled in diplomatic row over Tonga riots – 10 December 2007

Radio New Zealand International – Australia expects Tongan bid to help with riot convictions – 11 December 2007

Radio Fiji – Pacific regional court proposed – 11 December 2007