Lord Tui’vakano and three others have filed a notice of appeal to the Supreme Court on Monday, 3 August against a judgment by the Lord Chief Justice in June this year ordering that in legal costs amounting to $22,000 be returned to the Prime Minister Hon ‘Akilisi Pohiva.

The appeal was filed by William Edwards on behalf of Lord Tu’ivakano, HRH Princess Pilolevu Tuita, William Clive Edwards and Friendly Island Satellite Telecommunications Ltd.  

The first and second respondents are Hon. ‘Akilisi Pohiva and the Nuku’alofa Magistrate’s Court.

The appeal is against Chief Justice O. G. Paulsen's ruling on June 22, 2015 that a Magistrate had no power to award costs in preliminary inquiry proceedings under Part III of the Magistrate’s Court Act or in the circumstances of this case, any inherent power to do so.

He ruled that the decision of the Magistrate awarding the respondents (now appellants in this case) costs be set aside and the $22,000 that Pohiva had paid into court should be paid back to him.

It is understood that this money has since been paid back to him by the court.

Order

These appellants are now seeking an order for their appeal to be allowed and the order of the Magistrate be restored as to award the costs of appellants as well as order that the costs on appeal to this court and their costs on the appeal to the Supreme Court from the Magistrate’s Court be allowed.

Reasons given included that th judge erred in law in holding that section 8(c) of the Act (the Magistrate's Court Act) was a provision of general application as to conferral of jurisdiction for investigation of all charges of criminal offences and that the absence of any reference to any power to award costs or of any ancillary powers that might be exercised upon discharge or committing an accused was an error of law in that there was available and implied power to both invite an application for costs and to award them if so satisfied.

This arose out of a case dating back to February 2013 when Pohiva began private criminal prosecutions against Lord Tu‘ivakano and others on charges alleging serious dishonesty.

The Magistrate Salesi Mafi conducted a preliminary inquiry (a committal hearing) and found that a sufficient case had not been made out to put the respondents on trial before the Supreme Court.

He discharged the four respondents and Pohiva then appealed the discharge to the Supreme Court, but the appeal was dismissed by former Chief Justice Scott on January 17, 2014.

Lord Tu'ivakano and others represented by S.J. Stanton SC then subsequently applied to recover their costs of $22,000 and their application was granted on September 10,  2014.

The payment was then overturned by Mr Justice Paulse's ruling.

The appeal notice was filed by William Edwards the counsel for the appellants.