Tongasat files appeal against Supreme Court decision [1]
Monday, October 22, 2018 - 18:45. Updated on Tuesday, October 23, 2018 - 11:12.
The Friendly Islands Satellite Communications Ltd. (Tongasat) has filed a notice of appeal against a Supreme Court decision in August that declared multi-million Chinese aid fund grants paid to the company in 2008 and 2011 were unlawful.
The appeal was filed on 16 October to the Court of Appeal of Tonga by W. C. Edwards, counsel for the Appellants.
The appeal seeks to overturn judgments by Lord Chief Justice O. G. Paulsen of 17 August and 5 September 2018, who found in favour of an action brought by the Public Service Association (PSA), Samiula 'Akilisi Pohiva and the Kingdom of Tonga. The judgments delcared that the first tranche payment of USD$24.45 million in aid grant funds received by the Kingdom of Tonga from the People’s Republic of China on 4 September 2008 was a “grant” and accordingly “public money” under the Public Finance Management Act.
The Supreme Court judgments had also declared that the payment of USD$20,985,667 for the benefit of Tongasat was expened in breach of the PFM Act and was unlawful and invalid. It had also declared that a second payment of US $25.45 million in aid grant funds to Tongasat, similarly was a grant and public money.
The appellants are now seeking to have the Court of Appeal hear fresh evidence from witnesses including Lord Matoto, Dr 'Aisake Eke, Sunia Fili and 'Aholotu Palu.