Tonga Law Society logo Photo: Facebook / Tonga Law Society
A petition from a group of lawyers calling for the newly appointed gay chief justice to be removed from his post claims "his lifestyle conflicts with the law of Tonga".
But an LQBTQ+ advocate in the Kingdom claims the law has only ever been used against minors not in consenting same sex relations.
Malcolm Bishop, 71, from Wales took on the role this month.
The petition obtained by RNZ Pacific, dated 26 August, said Bishop was in a "sodomous relationship" with a British businessman for 51 years before his partner was killed by thieves in 2019.
"Such sodomous marriage relations in overseas countries, between a man and a man, is not governed by any law that declares it a criminal offence," the petitioners wrote to King Tupou VI, who is ultimately in charge of who presides as chief justice.
"In your Government, it is stipulated in Section 136 of the Criminal Offences Act, that this is a criminal offence," they added.
Section 136 of Tonga's Criminal Offences Act states: "Whoever shall be convicted of the crime of sodomy with another person or bestiality with any animal shall be liable at the discretion of the Court to be imprisoned for any period not exceeding 10 years".
The petition said Bishop's "lifestyle will reflect that he supports the lifestyle of people living in a sodomous relationship".
Malcolm Bishop KC Photo: LinkedIn / Malcolm Bishop KC
"It is wrong for him to come to Tonga as Lord Chief Justice and be seated in that position when his lifestyle conflicts with the Law of Tonga.
"There is no criticism of his lifestyle as an individual. But when he steps up to a position in government, like Lord Chief Justice, his lifestyle as an individual must be brought under scrutiny.
The petitioners "plead and beg" the King "to not permit this person to be appointed as Lord Chief Justice, and there is still time to stop it".
The petition included an attachment to a case file where a 17-year-old was convicted of sodomy and indecent assault related to a girl under 12-years-old.
A lawyer and former president of Tonga's Leitis Association, Henry Aho, said sodomy had only ever been used by courts in Tonga in cases involving minors.
"This petition seems to be very concerned with same sex relations between consenting adults and uses Lord Chief Justice Bishop's appointment as an excuse to bring to the fore that this law exists and that it ought to be used to prosecute consenting adults also," Aho said.
RNZ Pacific understands the petition has been submitted to the King.
Prominent Tongan lawyer Clive Edwards Snr previously told Kaniva News that Bishop may be breaching Tonga's laws.
Kavina News reports that Edwards has expressed concerns about Bishop's ability to remain impartial in court cases involving sodomy over which he would preside.
Contacted about the petition to remove Bishop from his post, a spokesperson from Edwards Law declined to comment, except to say that “Clive is not involved in any petition to remove the Chief Justice."
On Monday, Tonga Law Society president Lopeti Senituli said the petition "is not sanctioned by the Tonga Law Society executive council".