The confession of a 20-year-old male accused was excluded from evidence in an ongoing rape trial as it was prejudice against him, after the Supreme Court found a breach in the law when a Tonga Police Constable failed to properly advise him on one of his rights, before his interrogation in November last year.

He said on the one ground advanced it raised an issue of much importance for policing in Tonga, and that the confession was obtained in breach of this section and must necessarily be excluded from the evidence for that reason.

This was the result of an application by the accused to exclude from evidence his written record of interview, written statement of charge form and voluntary statement (confession) all given, when interviewed by the Police Constable.

"I am satisfied that with the benefit of advice from a friend or relative he might well have taken another course."

In addition, the Lord Chief Justice said the fact was that many people in Tonga charged with even the most serious criminal offences could not afford a lawyer.

“Even if told that they have the right to a lawyer they cannot possibly engage one. This is one reason why the requirement of s.149, that an accused be told that he/ she may speak to a relative or friend, is so important. In many cases it will represent the only means by which an accused person may have any support and/or advice before being subjected to interrogation by the police,” he said.

He then ruled that there was a breach of s.149, which was both substantial and it prejudiced the accused and the confession must be excluded.

The accused was charged with one count of rape and his trial is being held this week at the Supreme Court in Nuku'alofa.