The Attorney General’s office is still waiting on the Supreme Court Registry to confirm evidence on whether or not the People’s Representative for Tongatapu No. 4, Mateni Tapueluelu, had an outstanding debt on the date of his electoral candidacy registration.

The Acting Attorney General and Director of Public Prosecutions ‘Aminiasi Kefu said today that his office had raised the issue with the Electoral Commission after the Court of Appeal handed down a decision earlier this year.

He said the Electoral Commission then submitted a formal inquiry to the Supreme Court Registry and Magistrate's Court Registry to confirm whether the Representative had an outstanding court order against him before registration, but they had yet to respond.

“We are thus considering other avenues to confirm evidence on whether this People's Representative had an outstanding judgment on the date of nominations registration in October 2014, before I decide whether to take any legal proceedings.”

The Electoral Supervisor Pita Vuki also confirmed that he had written a letter to the Supreme Court Registry to confirm this but no response had been extended to date.

Appeal

This formal inquiry arose from a decision delivered by Tonga’s Court Appeal at the end of its first session on 31 March regarding an appeal by Laucala Pohiva, Mateni Tapueluelu and Kele’a Newspaper against an order to strike out an appeal against the respondent William Clive Edwards, at the Supreme Court.

Edwards had successfully sued the defendants in the Magistrate’s Court for defamation and on June 7, 2011 got a judgement for $10,000 and costs for $4,500.

The Appeal judges ruled that the Kele’a newspaper can have its appeal heard at the Supreme Court against damages and costs awarded to Edwards in the defamation case, but they must first pay $14,500 in damages plus costs and interest before proceeding.

They ordered that the appellants must pay Edwards the $10,000 damages; the costs of $4,500 and must pay 7% interest per annum on the $14,500 from 17 June 2011 to the date of delivery of this judgement.

“The appellants must pay all of this within 10 days, after receiving a written undertaking from the respondent. If payment is made by the appellants within 10 days from receipt of the undertaking, the strike out order will be set aside and their appeal to this court will allowed. And if they succeed in their appeal at the Supreme Court the respondent must repay the damages and costs back to them."

The court said if the appellants failed to make payments within the set period the appeal against the striking out order would be dismissed.