PR's criminal appeal case awaits judgement [1]
Monday, July 20, 2009 - 17:56. Updated on Wednesday, July 15, 2015 - 09:59.
The Tongan Court of Appeal's 2009 session ended at the Nuku'alofa Supreme Court on Friday, July 10 after passing judgements on 17 out of 19 appeal cases.
The two cases that the Court of Appeal has not passed its judgement on included a criminal appeal made by People's Representatives 'Akilisi Pohiva, 'Isileli Pulu, William Clive Edwards, 'Uliti Uata and a former PR Lepolo Taunisila against a decision made by Justice Andrew in March granting Crown the right to file amended indictments against them.
The other appeal is a land case by 'Alifeleti Mone of the Free Wesleyan Church of Tonga v Paane regarding a Free Wesleyan Church property.
Upheld
The Court upheld 12 appeal cases and dismissed three while two appeals were withdrawn.
Of the 12 appeal cases upheld there were six criminal cases namely: Siosaia Kami v Crown; Fekita Pouvalu v Crown, Siosiua Po'oi Pohiva v Crown; 'Alani Langi v Crown; Nisifolo Pisima'ake v Crown; Vic Javelosa Azuelo v Crown.
And the six civil cases upheld were: Lavinia Malupo v Government of Tonga; Maea To'a v Niu, Naufahu and Government of Tonga; Siosaia Moehau and others vs Pacific Store Ltd; Kingdom of Tonga v Lolohea; Hurrell v Naufahu,Inu and Government of Tonga; and Siosiua Po'oi Pohiva v Rob Solomon.
The three appeals dismissed were civil cases between 'Amini Tu'ivai v Tonga Development Bank; Edward Hoar v Pacific Island Resorts, Du Bois; and Hotsie Anne Co Ltd v ANZ Banking Group.
Fusitu'a custody
The two appeals were between Matai'ulua Fusitu'a and Hon Salote Lupepau'u Tuita. After argument, the appeal was adjourned and the counsels for the parties announced they had reached an agreement to dissolve the appeal regarding the custody of their only child.
The matter is now set to proceed to mediation on August 11 and if not settled it will be brought to Supreme Court for hearing around October 19.
Sosaia Fonua and TCC
The second one was between Sosaia Fonua and former employer Tonga Communication Corporation. The appeal was withdrawn after both parties reached a settlement that TCC would pay Fonua's salary and pension entitlement.
Withdrawn earlier
The Tongan Court of Appeal 2009 Session began on Monday, June 29 and initially set to hear 21 appeal cases. But only 19 cases were heard after two appeal cases were withdrawn. They are Government of Tonga v Malafu; and a land case between Rush v Parrish.
The Appeal Judges for this year were Mr Justice James Burchett, Mr Justice Peter Salmon and Mr Justice Michael Moore, with Tonga's Chief Justice Hon Anthony Ford as Chairman.