A trial to hear an election petition filed against Hon ‘Etuate Lavulavu, Vava’u No.16 People’s Representative, for alleged illegal practices that was to start this month, has been deferred pending his appeal against a ruling by the Chief Justice not to have a jury trial.

The appeal is expected to be heard during Tonga's Court of Appeal second session later this year in Nuku'alofa.

Currently the Minister of Infrastructure and Tourism, Lavulavu had elected trial by jury in Vava’u to hear the election petition filed against him by Viliami Uasike Latu and ‘Aisea Siliveinusi, in December last year.

Chief Justice Paulsen on 20 April made a ruling regarding procedural issues that included whether Lavulavu had the right to elect trial by jury; whether the election petition should be heard in Tongatapu or Vava’u; if he was entitled to elect jury trial; and whether the jury should be empanelled from Tongatapu or Vava’u.

He said Clive Edwards, who acted for the petitioners, had submitted that Lavulavu had no right to elect trial by jury, and the court had an absolute discretion as to where the trial would be held.

The Chief Justice ruled the trial of the petition would be heard by a judge of the Supreme Court sitting without a jury in Vava’u. It is that decision which Lavulavu is appealing against.

The trial scheduled to run from July 13-31 to hear the petition which alleges bribery by way of payments of money and valuable of gifts in connection with his election. 

Lavulavu represented by ‘Ofa Pouono had filed his defence denying the illegal practices or excessive spending and sought the dismissal of the petition and costs.