Protest leaders plead not guilty [1]
Friday, February 9, 2007 - 19:39. Updated on Sunday, May 11, 2014 - 12:12.
Three protest leaders 'Akilisi Pohiva, Tu'i Uata and Semisi Sika pleaded not guilty to charges of obstructing the police and abetting disobedience, at the Fasi Mo e Afi Magistrate's Court this morning, before Police Magistrate, Samiu Palu.
The three are among a number of protesters who face a range of disorderly behavior charges relating to a protest march on June 1, 2006.
'Akilisi, the Tongatapu no. 1 People's Representative to the Tongan parliament is charged with four counts of abetting to obstruct police lawful duties. Tu'i Uata, the son of the Ha'apai no. 1 People's Representative 'Uliti Uata is charged with three counts of disobeying police orders, obstruction of police lawful duties and abetting to disobey. Semisi Sika a business man is charged with one count of abetting to disobey.
Police Prosecutor 'Unga Fa'aoa told the court this morning that all three defendants were leaders during a protest march of June 1, 2006.
He said the charges were based on three fundamental pieces of evidence that the prosecution had to prove; that the Tongan Police had lawful duties to carry out lawful orders and that the defendants disobeyed, "they obstructed police lawful duties and they abetted with others to disobey these lawful orders."
'Unga said the protest march was held during the opening of the Tongan Legislature on June 1. The march started well before 2pm, the scheduled time for the march to start.
At about 1pm that afternoon Teisina Fuko, who had been earlier convicted for the same charges of obstruction police duties and disobedience, called for the marchers to begin and they moved towards the intersection next to the Tonga Water Board premises.
'Unga said that at the intersection 'Akilisi called out for anyone who was willing to be arrested and put in prison to come and lead the march because they would provide care for him in prison. A man stepped up and got on a motorcycle and led the march, and by this time the police could not stop the protesters.
'Unga also told the court that the charges brought against Tu'i and Semisi were based on words they had spoken and their actions on that day.
The prosecution called their first witness, Chief Inspector Kainga Hia, who was Acting Police Commander on the day of the protest march.
Kainga told the court that there was an understanding between the organisers of the march and the police that they had to take a certain route and for the march not to start before 2 pm.
He said that the reason was to allow the schools, which traditionally marched at the opening of parliament, to clear out of the roads before the protest march started.
"There was no order to stop the protest march altogether, we were waiting for 2pm and for a signal from town that the roads were clear."
During the cross examination of the witness the presiding Police Magistrate, Samiu Palu allowed 'Akilisi and Tu'i to question the witness themselves,.
'Akilisi wanted to know if the police had any political motives by stopping the march, but Kainga stressed that the only reason was for them to wait until 2 pm.
Tu'i said that the Taufa'ahau Road was already open to public vehicles at about 1pm and asked why they were still being stopped, but Kainga responded that they were waiting for the Chief Traffic inspector to give his approval and so they had to wait until 2pm.
The hearing will continue on February 15. The the legal counsel for the defendants was William Clive Edwards.
The prosecution is scheduled to call more than 20 witnesses, and the defence will also call witnesses.