Tonga’s Appeal Court for the first time in Nuku'alofa, conducted hearings via video teleconference on March 23, due to the COVID-19 pandemic.

The Supreme Court office confirmed today, the Appeal Court session was conducted with the Appeal Court judges who live abroad.

President of the Appeal Court, Lord Chief Justice Whitten, had directed this remote conferencing, due to recent developments in the COVID-19 pandemic, where Justices Blanchard, Hansen and Moore were not able to travel to Tonga.

In order to ensure the session proceeded, under the extraordinary circumstances imposed by the current pandemic, the President sat in Court, while justices Blanchard and Hansen appeared by video link from Auckland. The video link was displayed on a computer monitor in court.

Judgments are expected to be delivered to relevant parties by the Acting Registrar on Friday, since there will be no formal judgment session.

Cases

Meanwhile, the Appeal judges heard four of five appeals; two civil, one criminal and one land case.

The cases included

• 'Atenisi Institute Incorporated v Tonga National Qualification and Accreditation Board;
• Folau and Jancinta Koto v ANZ Banking Group Ltd;
• Malia Kolokiloloma Fanua v Rex with Lord Luani; and
• Minister of Lands v Samiuela and Paula Kava.

The other civil appeal between the Ministry of Revenue & Customs v Costlow Company was not heard, as a counsel was stuck in New Zealand, due to the travel restrictions. 

However, parties in this case agreed for the Court of Appeal judges to decide the matter on papers, without a hearing.