Former justice minister sues newspaper for defamation [1]
Friday, July 9, 2004 - 15:04. Updated on Monday, May 5, 2014 - 15:46.
Mr Justice Ford at the Nuku'alofa Supreme Court, July 7 reserved his decision on whether a civil defamation should be heard by a jury or by a judge.
The defamation case was brought by Tonga's former Minister of Justice, Tevita Tupou, against three defendants, Sangster Saulala, the publisher and editor of the newspaper, Tonga Star; 'Ana Tupou, Marketing Director of Tongasat, and Masao Paasi, a lawyer and a former member of parliament.
Tevita Tupou claimed that he was defamed when in 2002 Saulala published in his paper an article saying that he had committed perjury. In the same article both 'Ana Tupou and Masao Paasi were quoted in support of the claim.
The defendants were represented by Stephen Stanton, and the plaintiff by Harry Waalkens in court on Wednesday to argue their case for and against a trial by Jury.
Waalkens said in court that unlike a criminal case, in a civil case has the privilege to either object to or accept an application for a trial by a jury, and in this case his client was objecting to a request by the plaintiffs for a trial by a jury.
A date will be set for the hearing after the judge decides on whether the trial will be by judge or jury.