Crown loses its appeal [1]
Saturday, August 30, 2003 - 10:00. Updated on Friday, February 19, 2016 - 14:09.
From Matangi Tonga Magazine Vol. 18, no. 2, August 2003.
The Court of Appeal sitting in Nuku‘alofa on July 25, dismissed several appeals made by the Government, and increased the amount awarded to three respondents for damages.
An Appeal by the Crown over a court ruling that allowed the Taimi ‘o Tonga newspaper to be imported to the Kingdom, was dismissed by Mr Justice Tompkins from New Zealand and Mr Justice Burchett from Australia.
An Appeal by the Minister of Police, Clive Edwards that he should not be liable for the claims of $57,000 awarded to Akilisi Pohiva, Filokalafi ‘Akauola and Kalafi Moala for damages due to wrongful imprisonment, and that the legislative assembly should be liable for the claims of the three, was also dismissed.
The three respondents lodged a cross-appeal requesting that the initial grant of $57,000 was not enough.
The Court of Appeal granted their appeal for damages with a total of $87,000, awarding ‘Akilisi Pohiva $30,000, Filokalafi ‘Akauola $30,000, and Kalafi Moala $27,000, with legal costs as an additional award.