Tonga's Court of Appeal ends 2007 session [1]
Friday, July 20, 2007 - 19:00. Updated on Friday, August 8, 2014 - 11:36.
Tonga's Court of Appeal ended its 2007 session at the Nuku'alofa Supreme Court today, July 20. The Court remitted two civil cases for a retrial, and reduced two criminal imprisonment terms.
The court, which began on July 17, presided over five appeal cases, which included three civil and two criminal cases.
Two civil cases were ordered by the Court of Appeal to be remitted to the Supreme Court for a retrial. This includes the Rainbow Co. Ltd. and Maolin & Qiang, which was an appeal against a decision made by former Chief Justice Robin Webster. The other was an appeal case between Heimuli and the Kingdom of Tonga against a decision made by Chief Justice Anthony Ford.
The Court of Appeal then dismissed the third civil case that was brought against a decision by Justice Laurenson over a case between the Pacific Royale Hotel and former employee Vakalahi.
In the two criminal cases the court upheld both appeals to a certain extent.
In the first case the appellant Tu'i'ile'ila (36) of Kolomotu'a, appealed against a decision made by Chief Justice Ford earlier this year in which he was sentenced to one-year imprisonment with the last six months suspended for the charge of causing bodily harm.
The Court of Appeal upheld his appeal to the extent that the last nine months of his initial one-year imprisonment be suspended, which meant the appellant would only serve three months of imprisonment.
The second criminal appeal case brought by appellant Siua Tui (29) of Havelu who was charged and convicted of arson when he burnt the Vaiola Hospital Ambulance.
He was found guilty on April 2, 2007 and sentenced by Justice Laurenson on May 17 to three years imprisonment with the last year to be suspended.
The Court of Appeal in their judgement today, accepted his appeal against the sentencing and awarded a reduction of his initial sentence to two years of imprisonment with the last year to be suspended, which mean the appellant would only serve one year in prison.
The Appeal judges were of Mr Justice James Burchett of Australia, Mr Justice Peter Salmon of New Zealand and Mr Justice Moore of Australia.