The Tonga Supreme Court has dismissed a civil application made by the plaintiff Rizvi Jurangpathy, CEO of the Tonga Communications Corporation (TCC) who was seeking an interim stay of an investigation by the Public Relations Commission.

The conduct of the TCC CEO is the subject of a current investigation by the Commissioner for Public Relations.

Prior to the start of the Commissioner's investigation Jurangpathy had filed a defamation action in the Magistrate's Court against the newspaper Kele'a; a Tongan MP, Mateni Tapueluelu and the publisher of the Kele'a, Laucala Tapueluelu; and the editor of the Kele'a, 'Ofa Vatikani.

Jurangpathy, through his counsel, filed another civil action in the Supreme Court arguing that the issues arising in the defamation action and in the Commissioner's investigation are substantially the same. He sought an interim stay of the Commissioner's investigation until his defamation action has been heard by the lower court and determined.

He also argued that the Commissioner had exceeded his powers in the conduct of his investigation. He sought a declaration that the investigation is vexation and an abuse of process or had been conducted unfairly, and other orders.

However, in a ruling on the Supreme Court action on 21 November Chief Justice, O. G. Paulsen dismissed the plaintiff's claim.

Chief Justice O. G. Paulsen explained in his decision that the dismissal of the plaintiff’s submission was because it “proceeds from the erroneous position that the Commissioner is conducting a judicial proceeding.

“The Commissioner is not a judge, and he does not preside over a court…"

However, Chief Justice expressed his sympathy with the plaintiff’s concern over the process and its lack of transparency.

He pointed out that no clear advice was given to the plaintiff about the process that the Commissioner intended to follow.

“These are steps that could have easily been taken and may possibly have averted this action.”

Counsel for the plaintiff in the civil application was William Edwards Jnr.

'Aminiasi Kefu SC was the counsel for the defendent, the Commissioner for Public Relations.

The case relating to Rizvi Jurangpathy, the CEO of the Tonga Communication Corporation went public on June 2015, when Mateni Tapueluelu, a former editor of the Kele’a newspaper but now a member of parliament made allegations of misconduct against Rizvi.

On 13 July 2015, the Prime Minister, Hon. ‘Akilisi Pohiva, the father-in-law of Mateni Taueluelu wrote to Rizvi and express his serious concerns about his conduct as the CEO of TCC. The PM recommended for Jurangpathy to resign.

But Jurangpathy did not resign, and instead he commenced his defamation action in the Magistrate’s Court, against the Kele’a, Mateni Tapueluelu, and the other parties The case is still ongoing.

After Juranpathy took defamation against him, Mateni Tapueluelu referred the allegations against Jurangpathy to the Public Relations Commissioner.

In August 2015 the  Commissioner decided to conduct an investigation, but because of submissions from Jurangpathy’s lawyer he “put his investigation on hold pending the completion of the defamation action.”

“There the matter might have rested . . .”  said Lord Chief Justice Paulsen, but on 15 July 2016 the Prime Minister wrote to the Commissioner, that he had received a complaint against the CEO from more than 60 employees of TCC. He asked the Commissioner to consider the matter and provide advice on the appropriate action to be taken.

On 26 July 2016 the Board of the Tonga Communication Corporation referred the employees’ complaint to the Commissioner for investigation. The Board had also put the plaintiff on suspension pending the outcome of the Commissioner’s investigation.

On 29 July 2016 the Commissioner informed the PM that an investigation “would commence forthwith.”

The Commissioner started questioning Jurangpathy on 1 September 2016, and according to Lord Chief Justice O. G. Paulsen’s report, as of 21 November more than 70 people had been interviewed and the investigation has someway to go before it will be completed.