The Kele’a newspaper’s editor and publisher were sentenced to pay fines after they were found to be in contempt of court by the Chief Justice on 24 June, at the Nuku’alofa Supreme Court.

Editor ‘Ofa Vatikani and publisher Laucala Pohiva were found contempt of court in relation to an article titled ‘Fehu’ia pe ‘oku totonu nai ke fotunga pehe ni e tu’utu’uni hopo’ (‘Questionable whether a court order should look like this’) which was published on the weekly newspaper on 2 March.

The Attorney General’s office in a statement said the Chief Justice on 15 July, sentenced Vatikani to pay a fine of $1,250 within two-months otherwise he will be imprisoned for one month. Pohiva was fined $750 to be paid within two months or face one month imprisonment.

Both of them were given 42 days from the sentencing date to file any appeal against their conviction or sentence.

Chief Justice Paulsen fined them after being informed that they were remorseful and had published apologies to the court in the newspaper twice.

“Anyone is free to criticise the decisions of the Court of the conduct of any judge, even if the criticism is outspoken, mistaken or wrongheaded, provided that it is not likely to undermine the public confidence in the administration of justice", said Chief Justice Paulsen.

He said in many cases the good sense of the community can be relied upon as sufficiently safeguard against a scandalous disparagement of a Court of Judge.

The reader would understand from the last paragraph that the explanation for the 'questionable' court order and the 'suspicious' decision of Magistrate Mafi were communications from high authorities to the Ministry of Justice to release Liu and Tian, he said.

"That would have the effect in my view to lead members of the community to conclude that Magistrate Mafi was influenced to discharge the defendants, that he is not impartial and that the Magistrate's Court is not an independent institution, but one that is subject to influence from people in high authority."

Case

The application was filed by the Attorney General for committal of the two respondents on the grounds that they are guilty of contempt by scandalising the court.

The applicant arose out from the publication on the sentencing hearing conducted by Magistrate Mafi at the Magistrate's Court in a case against Meilin Liu and Fe Kaifeng Tian who had both pleaded guilty.

In that case, Magistrate Mafi sentenced Liu to $1000 fine for attempting to export prohibited goods or one month imprisonment in default of payment and on count two of possession of sea cucumber during closed season, he was convicted and discharged.

Tian was sentenced to a fine of $1000 or one month imprisonment in default of payment for each of the two counts of attempting to export restricted and prohibited goods. He was convicted and discharged on the third count of possesion of sea cucumber during closed season.

Dr Harrison QC SC represented the repondents and the Acting Attorney General and Director of Public Prosecutions 'Aminiasi Kefu for the prosecution.