Doubts have been cast over the eligibility of 'Akilisi Pohiva, the People's Representative for Tongatapu Constituency No. 1, to register as a candidate in Tonga's November 25 General Election, while a $22,000 costs award against him, ordered by a Magistrate, remains outstanding.

It is understood that the veteran member of parliament needs to get this sorted out, before the candidates registration takes place on October 23-24. Clause 65 of Tonga's Constitution requires that candidates for election must be free of debts to any of the courts.

On September 29, 'Akilisi's legal counsel, R E Harrison QC, SC filed a Memorandum for the applicant to the Lord Chief Justice Scott of the Tonga Supreme Court in support of ex parte summons. He is seeking leave to make an application for judicial review and for directions. A chambers date was scheduled for today, but R E Harrison did not appear, so it was rescheduled for 2:00pm tomorrow, October 16.

The overview of the application for leave stressed 'Akilisi's personal circumstances and the need for urgency, and stated: “...23 October 2014 is the deadline for him to register as a candidate and thus stand for re-election in his constituency for the General Election. As he is the President and leader of the Friendly Islands Democratic Party, any inability on his part to register as a candidate has major ramifications and consequences, not only for the applicant personally but also for his political party and other candidates who are members of it.”

Appeal dismissed

The situation arose out of the appeal and judgement in the case Pohiva v Tu'ivakano, when the applicant ('Akilisi Pohiva) took unsuccesssful private prosecutions against four respondents, Lord Tu'ivakano, HRH Princess Salote Pilolevu Tuita, William Clive Edwards and the Friendly Islands Satellite Communications Ltd. The prosecutions were unsuccessful in the Magistrate's Courts and again on appeal to the Supreme Court.

'Akilisi's counsel stated that the other parties “have not taken any of this lying down”, and that all except Edwards had applied to the Court for costs in relation to the unsuccessful appeal. “They have also sued the applicant in tort for malicious prosecution.”

Principal Police Magistrate Selesi Mafi had ordered on 10 September that 'Akilisi pay $22,000, comprising awards of costs for both senior and junior counsel.

'Akilisi is now challenging the grounds on which those awards were made. His counsel is submitting that applicant's grounds for review “are at least arguable and accordingly warrant a grant of leave.”

They seek to have a substantive hearing no later than 21 October 2014 for his application for leave and direction.