‘Alani Afu otherwise known as ‘Alani Koloamatangi who has been in custody for extradition to Australia to face a charge of murder which he allegedly committed some 26-years ago had his appeal dismissed by Tonga’s Court of Appeal on 14 September. His appeal was against the dismissal by a Supreme Court judge of his application for a writ of habeas corpus.

'Alani has been remanded in custody by Principle Magistrate Mafi who had committed him for extradition to Australia to face the murder charge, in which he is alleged to stabbed a woman to death.

He applied to the Supreme Court for a writ of habeas corpus under s.10 of the Extradition Act, which Hon. Mr Justice Cato dismissed.

In both the Supreme Court and the Apeal Court, 'Alani argued two reasons why he should not be extradited: the great length of time since he allegedly committed the crime in Australia and the prejudice he says he may face as a Tongan if required to stand trial in Australia.

Stabbing

 The murder charge arose from the stabbing to death of a woman in her own home on August 9, 1990 when Koloamatangi was 23-years-old. It is alleged that he was paid by the husband of the victim to kill her.

The Court of Appeal in its judgment stated that the New South Wales Police investigated the crime in the same year considered 'Alani, a person of interest but concluded they had no insufficient evidence to charge him.

In August 1997, he was deported from Australia to Tonga after serving a sentence of imprisonment for an unrelated offence of armed robbery.

Since coming to Tonga he has not offended and has married with six children. He has been employed by a stevedoring business for 13-years and is the breadwinner of his family.

In 2012, the New South Wales Police Unsolved Homicide Squad began re-investigating the 1990 murder. They now have further witnesses as his alleged involvement and have brought a murder charge against him. Hence the very belated application for his extradition, stated the Court.

It acknowledged that after the long passage of time Koloamatangi's long established family life will be disrupted. "That will cause hardship to him and through his absence to his family. But the offence he is alleged to have committed is so serious that these considerations are outweighed."

The Appeal Court also found that 'Alani's deportation from Australia does not make his return there unjust or oppressive. It was unconnected with the murder and happened at a time when the NSW Police had insufficient evidence to change him. "They have changed their attitude towards him because there is now further evidence said to incriminate him."

The other contention if returned that he will be prejudiced at his trial by reason of his Tongan race. If he could establish that, he cannot be returned. The only basis on which this suggestion was put forward by him was his bare assertion, backed only by reference to that fact that Australia had previously deported him. 

The Court rejected the submission.

"It must be assumed in the absence of any evidence to the contrary that the legal system of a designated country will operate fairly in relation to an extradited defendant."

The Appeal judges also found there is nothing at all to indicate that the NSW criminal law system will not protect him against prejudice at his trial arising from his race.

The fact that he was previously deported from Australia does not demonstrate any such prejudice. He was deported not because of his race but of his criminal conviction for the serious crime of armed robbery. For these reasons the appeal is dismissed, ruled the Appeal Court.