Plaintiffs seek damages for unlawful imprisonment [1]
Friday, August 30, 2002 - 10:00. Updated on Friday, January 29, 2016 - 16:48.
From Matangi Tonga Magazine Vol. 17, no. 2, August 2002.
In going to press, Mr Justice A. D. Ford in the Supreme Court of Tonga heard final submissions On August 1, in the civil case against the Tonga Government and the Minister of Police for unlawful imprisonment of a Member of Parliament, and two local journalists.
Plaintiffs, People’s Representative, ‘Akilisi Pohiva; Tonga Times Publisher, Kalafi Moala, and his Deputy Editor, Filokalafi ‘Akauola, brought action claiming damages against the defendants based on a four-week incarceration in maximum security at Hu‘atolitoli Prison in September 1996, when the plaintiffs were sentenced to imprisonment by the Legislative Assembly for contempt of Parliament.
There are allegations against the Police Minister of premeditation in the imprisonment of the plaintiffs, and mistreatment during incarceration, in placing them in maximum security. The Tonga Government is alleged to be vicariously liable.
Initially, a T$1.8 million claim for damages was put forward by the plaintiffs, although Mr Justice Ford reduced it to T$750,000 on the basis of insubstantial evidence.
Counsel Rodney Harrison represented the plaintiffs. In Defence were Steven Stanton for the Police Minister, and Solicitor General ‘Alisi Taumoepeau for the Tonga government. The judgement was to be heard in mid-August.