Transcript
Walter Zweifel: In essence, none of the sentences pronounced this year has forced any of the politicians out of office. And in French Polynesia politicians don't resign as a result of a court sentence in part because appealing a conviction suspends the execution of a sentence. There is also never any public pressure strong enough that would prompt a politician to renounce his job
Don Wiseman: Gaston Tong Sang's sentence is final though?
WZ: Yes, in his case he has been given a one-year suspended prison sentence and a fine of $US20,000. He was convicted in 2017 in the criminal court for striking a reshuffle with two other politicians who could hire associates for phantom jobs that is given positions for work they couldn't or didn't do. He did agree to that deal to keep his coalition together. On appeal last year, the sentence for all three was upheld. He then tried to overturn the sentence at the highest court in Paris but failed. Interestingly, the decision in France was made in April but has only become public now.
DW: What about the cases of the other three?
WZ: An interesting one is the one of Oscar Temaru. He has built his career fighting for independence from France and unlike his main political rivals, he had no criminal record. But this year, he was given a suspended six-month jail sentence and fined $US50,000 for exercising so-called undue influence. This relates to the council he heads funding a local station Radio Tefana which was deemed to have favoured his political party. The station has been fined $US1 million. However, the case is being appealed.
DW: What about the other two?
WZ: This year, Edouard Fritch and Gaston Flosse were both convicted in the same case over a water supply arrangement to an upmarket neighbourhood. As mayors of Pirae they had for years charged the council for the water supply to the Flosse residence in Erima. A report found that this amounted to a benefit in the hundreds of thousands of dollars. Now the court has fined Edouard Fritch, who is the president, $US50,000. Gaston Flosse was fined double the amount and banned from holding office for two years. However, they have appealed their conviction. This means that the council of Pirae, which is headed by Mr Fritch, still wants him to pay damages for the losses he has incurred but as long as there is no final ruling he won't have to pay. Speaking of convictions, after being partners in politics for decades they have fallen out, and this year Gaston Flosse was convicted of defaming Edouard Fritch and fined $US20,000.
DW: Gaston Flosse has not been in politics for a while. Will he be back?
WZ: He is eligible to run in the municipal election next year if he so wishes. In 2014, he was banned from office for corruption and in 2016 he was banned once more which meant he was banned for five years. The Erima case could trouble him as well as the so-called OPT affair. In 2013, he was given a five-year prison sentence for getting more than $US2 million in kickbacks but after an appeal, the case was thrown out on a technicality. Efforts have continued until now to revive the case.
DW: Is there a particular reason why things move so slowly?
WZ: There is the appeal process which in French Polynesia's case gives the option to take matters to France. This can simply take a lot of time. Furthermore there are intermittently delays because for example lawyers are unavailable. It's however not immediately obvious why at times it takes years to go from a complaint to a prosecution and trial. And then there can be incompetence or negligence. For example, a verdict from the highest court in France was declared void because it had not been sent through to the right destination in Tahiti within a year. That raised the question if that politician enjoyed impunity.
DW: Is there any public backlash against corrupt politicians?
WZ: Not really, corruption convictions don't seem to diminish a politician's standing. The pro-independence side organised a rally against corruption in the lead-up to last year's election but the ruling Tapura party comfortably won a majority despite fielding nine candidates with criminal conviction. Moetai Brotherson, who is a member of both the French National Assembly and French Polynesia's assembly, introduced a bill in the assembly in Paris, seeking to disqualify elected members convicted of abusing public funds from holding office for life. However, it didn't pass.
