AG off the mark on conflict concerns

By The Editorial Board 01 April 2026, 9:00PM

An interesting chain of events began to unfold last week following the Electoral Court’s decision to void the seat of Deputy Prime Minister Toelupe Poumulinuku Onesemo.

Alongside that ruling came additional remarks from the court. In those remarks, the registrar was directed to refer evidence of an alleged $100,000 bribery to the Office of the Attorney General for review. The material, the court noted, included an audio recording and an affidavit raising concerns about possible witness tampering.

But it was a separate line that stood out.

“The Court appreciates that in these proceedings, however, the Attorney General appeared as counsel on the record for the Respondent. To safeguard the integrity and independence of the process to follow, the Attorney General should continue to ensure that appropriate measures are taken to avoid any potential for conflict of interest.”

That line appeared to trigger a response. The Attorney General’s Office issued a statement reminding the court about the separation of powers, saying decisions to investigate or lay charges are for investigators and prosecutors, not the courts.

That point is correct.

But it does not deal with the issue the court raised.

The fact remains that before her appointment, the Attorney General, Mauga Precious Chang, acted as counsel for Toelupe in this same matter. That is not in dispute. It cannot be changed or explained away.

So the question is simple. How can the same office now look at evidence linked to a case where its head was once directly involved?

The court did not accuse the Attorney General of wrongdoing. It did not question her character. It asked for safeguards to protect the process.

That is where the focus should be.

During her swearing-in, the Attorney General said she would serve with “integrity and courage.” Those are strong words. They matter.

Integrity means recognising when there is a conflict. It means understanding that being involved in a case before, and then being asked to review it later in a different role, puts you in a difficult position. It means stepping aside so that the process can move forward without doubt.

It is not about guilt. It is about perception. Justice must not only be done, but it must also be seen to be done.

Courage is acting on that.

It is not issuing statements about limits. It is making the harder decision to remove yourself from a matter where your past role creates questions. It is allowing someone else, without that history, to deal with it.

This case goes to the heart of the justice system. It involves serious allegations and a process that must be beyond question.

No matter how it is framed, one fact remains clear. The Attorney General was counsel for the respondent in this case.

That alone is enough to raise a conflict.

If there is no conflict, it should be explained clearly.

If there is, it should be declared.

By The Editorial Board 01 April 2026, 9:00PM
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