The Appeal Court has dismissed an appeal by Hon ‘Etuate Lavulavu who was seeking trial by a jury for an election petition filed against him for alleged bribery and corrupt practices during his election campaign in November last year. 

The trial is now set to go ahead in November this year before a judge alone.

Hon. Lavulavu, the Minister of Infrastructure had appealed against Lord Chief Justice Paulsen’s ruling on 20 April this year which denied him trial by jury in the election petition.

On 16 September, the Appeal Court in a judgment agreed with Lord Chief Justice Paulsen's ruling.

It stated that the nub of the appellant’s argument through counsel 'Ofa Pouono was that clause 99 of the Constitution gives the right to trial by jury whenever any issue of fact is raised in any civil action.

However, the Appeal Court said the Chief Justice in responding to this argument in his ruling said that election petitions are sui generis being neither civil nor criminal in nature. In nature they are not concerned with enforcement of individual rights but with the maintenance of free and fair elections, which are the cornerstone of democratic society. “We agree.”

The appeal was dismissed with costs to the respondendents Viliami Uasike Latu and 'Aisea Silivenusi To'a, to be taxed if not agreed.

Alleged corruption

On December 15, 2014, the respondents filed to the Supreme Court an election petition seeking a declaration that Lavulavu's election is void because he had allegedly committed bribery and corrupt practices during his election campaign in November last year.

Tonga's General Election was held on November 27, 2014 where the appellant was elected as the People's Representative for the Electoral District of Vava'u 16.