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A former Fiji army commander who has fled to Tonga says he does not want to return to Fiji to answer charges of attempted mutiny and sedition because he will not receive a fair trial.

He claims the interim Attorney General interferes with the judiciary.

The Fiji Government has filed a formal legal request with Tonga to extradite a former senior military officer who has fled to the Kingdom.

Lieutenant Colonel Ratu Tevita Mara, who fled last week, is facing charges of attempted mutiny and accused of trying to overthrow Fiji's interim government.

He is now under the protection of the royal household.

The Fijian interim government has formally filed a legal request to Tonga to extradite him.

Lt Col Mara says he has confidence in Tonga's judicial system, but not in Fiji's.

"I am more than happy to face any attempts to my extradition from Tonga. They have had democratic elections for the first time in November and they have a government, accountable to the people. They have a judiciary free from interference and I'm sure that my side of the story will be heard fully and justice will prevail."

Trial concerns

He says he is not prepared to stand trial in Fiji because he does not believe in the independence of the judiciary.

Fiji's Solicitor-General, Christopher Pryde, has told Radio Australia's Pacific Beat program that that is not true.

"Ratu Mara can be confident that he will receive a fair hearing in Fiji afterall it was the very judiciary that he claims is corrupt that gave him the bail in the first place," he said.

"The judges find facts that they write judgements. These judgements are based on the law as it applies in Fiji and these are public documents and anyone can have a look and see what are the basis for the decision is."

Mr Pryde says he is confident that Tonga will abide by its request to extradite the former military commander.

He says he is confident Lt Col Mara will be sent back to Fiji as a fugitive.

"There's a case to answer in Fiji and this is an offence that is also an offence under Tongan law. Provided that we have complied by all elements specified under the Tongan Extradition Act I would hope that the matter would be decided in Fiji's favour," Mr Pryde said.

Decreased military support

A former Fijian army Land Forces Commander says Lt Col Mara's decision to seek refuge in Tonga demonstrates the interim government has less support from the military than it previously had.

Colonel Jone Baledrokadroka, who lives in Australia, says Lt Col Mara was a supporter of the 2006 military coup.

However he has told Pacific Beat he is not surprised at his decision to flee to Tonga and his wish to increase awareness about oppression in Fiji.

"The country economically is in tatters, socially it is in tatters so anyone who has half a brain in the military would have actually worked out that things aren't actually going to script," Col Baledrokadroka said.

"It was time to do a reassessment of where they were going."

'Sovereignty breach'

Earlier, Fiji's military leader Frank Bainimarama accused Tonga of illegally sending a navy patrol boat into his country's waters to help Lt Col Mara flee justice.

Commodore Bainimarama says the "illegal extraction" took place last week, when a Tongan patrol vessel picked up Lt Col Mara off Fiji's Kadavu island.

In a statement published on the interim government's official website, Commodore Bainimarama says his government takes strong exception to such breaches of Fiji's sovereignty.

Lt Col Mara told Radio Australia he was fishing in Fiji when he found himself in trouble and put out a distress call.

He says a Tongan naval ship happened to be near the area and picked him up.

Chance to seek help

Lt Col Mara says he decided it was a good chance to seek help from the Tongan Government in an attempt to ensure he is fairly treated in relation to the sedition and attempted mutiny charges he is facing in Fiji.

The Tongan Government has denied accusations that it played a role in Lt Col Mara's escape.

Lt Col Mara is now in Tonga under the protection of the royal household after leaving Fiji with the help of the Tongan navy.

The former military commander has accused Fiji's Attorney General, Aiyaz Sayed Khaiyum, of trumping up charges against him.

"Contacts in the army as well the police warned me of a plan hatched by Khaiyum to utilise the public emergency act and crimes decree 2010," Lt Col Mara said

Fugitive

Lt Col Mara is the son of the late former Fiji prime minister Kamisese Mara.

He was a senior army commander until he was charged earlier this month with plotting to overthrow Bainimarama's regime, which seized power in a 2006 coup.

Commodore Bainimarama says Lt Col Mara has been declared a fugitive and Fiji will protest to Tonga's Prime Minister Lord Tu'ivakano.

Fiji Police spokesman Atunaisa Sokomuri has also told Radio Australia that a number of officers are investigating whether other people were involved in the Lieutenant Colonel's escape to Tonga.

"We have a team of dedicated officers looking into the issue, and they have already commenced the investigations," he said.

'Oppression' in Fiji

Lt Col Mara says he wants to increase awareness about the oppression people are facing in his country.

He says he is facing charges of sedition and attempted mutiny because a junior military officer reported him for criticising the interim government while visiting South Korea last year.

Some sectors of the Pacific community have criticised Tonga for giving the Lt Col Mara protection.

But he has told Radio Australia it is Fiji's interim regime that is at fault.

"I'm sure that is not the Pacific way, what is happening in Fiji, you know you have got a regime that is oppressing its people. Is that the Pacific way, is the question I ask them."