Serious concerns over public comment and threats regarding the death of a US-Tongan Sione Feimoefiafi on 4 February in Nuku‘alofa, were expressed today by the Attorney General’s Office, who urged the public to exercise restraint - or face criminal prosecutions.

“The Attorney General’s Office wishes to express its serious concerns regarding the extent of public comment regarding the circumstances of the death of Mr Sione Feimoefiafi,” the statement said on February 8.

“The public comments have reached a point that persons may be criminally prosecuted for contempt of Court, or interference with the course of justice contrary to section 65 of the Criminal Offences Act, or sending threatening documents to family members, especially the children, of accused persons, contrary to section 111 of the Criminal Offences Act,”

Five men were charged on 6 February 2019 in the Magistrate's Court for the murder of Mr Feimoefiafi, of Portland, Oregon, USA, following an incident at and outside the Talieva Bar in the Nuku'alofa CBD, where they had been watching the NFL Super Bowl.

Tonga's Acting Attorney General and Director of Public Prosecutions is 'Aminiasi Kefu.

 “These charges are likely to be prosecuted in the Supreme Court in due course. The determination of whether these accused persons are responsible under the laws of Tonga for the death of Mr Feimoefiafi, is a Constitutional and legal duty for the Courts of Tonga, and no one else,” his office stated.

“It is not for the public to decide as to who has legal responsibility for the death of Mr Feimoefiafi on the radio, the newspapers, the internet or in general conversations.

“The determination will be made in a Court of Law, judged by an independent judge, and an independent jury, if the accused persons so elect.

“The Attorney General’s Office therefore wishes to advise the public to please exercise restraint, and to refrain from making public comments regarding the facts leading to the death of  Mr Feimoefiafi.”

Contempt of Court

The Attorney General warned that public comment that amounts to contempt of Court includes public comment that has a real risk of interfering with the Courts’ duties and functions to exercise due and proper administration of justice. 

It also includes, and more particularly to this incident, public comments that may influence persons, who may be selected as jurors to make factual assessments and to render a verdict on guilt, to have prejudice or sympathy regarding those involved in the incident.

“Members of the public are therefore requested to demonstrate that the rule of law still prevails in Tonga, and that we, as a nation, honour and protect the independence of the judiciary, and the rights to a free trial for all accused persons who are charged before our Courts, regardless of the severity of the crime they are charged with,” the statement said.