Tonga’s second Court of Appeal sitting today dismissed an appeal filed by a letter writer to the Kele’a newspaper, the Kele'a, and two others in a defamation case that awarded judgment against them when they were ordered to pay more than $200,000 in damages and costs after they were found guilty of defamation in 2013.

The appellants, Solomone Palu (the letter writer), Mateni and Laucala Tapueluelu and the newspaper did not appear and their lawyers did not represent them.

The respondents included former Prime Minister Lord Tu’ivakano and six others who were Cabinet Ministers at the time of the letter writing in 2012.

This appeal was against a Supreme Court judge's decision in May this year dismissing the appellant's appeal in this same case.

No representation

The Appeal Court in its judgment stated that this matter was called for hearing on September 5, 2016, which was the day fixed for the hearing of the appeal of this sitting of the Court of Appeal.

At the hearing, Sifa Tu’utafaiva who was the counsel on record for the appellants sought leave to withdraw as counsel for the appellants. Tu’utafaiva had told the Court that he had received no further instructions from the appellants in relation to this appeal, and the Court granted him leave to withdraw.

The appellants had earlier made an application for the adjournment of the hearing of this appeal to a member of the Court of Appeal. However, that application was dismissed.

The appeal judges said in these circumstances it could have reasonably be expected that the appellants would appear either by themselves or represented by a lawyer and prosecute their appeal at the time the appeal was fixed for hearing.

“However, the appellants appeared neither through a lawyer nor by themselves and have failed to prosecute this appeal. For these reasons, the appeal is dismissed for want of prosecution with costs.”

This judgment was one of 10 delivered by the Court of Appeal presided over by Hon Mr Justice Moore, Hon Mr Justice Blanchard, Hon Mr Justice Hansen and Hon Mr Justice Tupou.

Guilty

In 2013, Lord Tu'ivakano, William Clive Ewards, Viliami Uasike Latu, Fe'ao Vakata, Samiu Vaipulu, Dr 'Ana Taufe'ulungaki and Sangster Saulala took the appellants to court at the Nuku’alofa Magistrate seeking damages for defamation when the newspaper published Palu's letter, which alleged they were guilty of theft and embezzlement. 

The letter related to a decision to pay out millions of government money.

After a long trial, the Magistrate ordered the appellants (Palu and others) to pay more than $200,000 in damages and costs after they were found guilty of defamation.