Protesters to appear in court on Friday [1]
Wednesday, February 7, 2007 - 22:14. Updated on Monday, May 19, 2014 - 19:51.
Police Magistrate Samiu Palu this morning adjourned again the court appearance of 'Akilisi Pohiva, Tu'i Uata and Semisi Sika to Friday Febuary 9.
Samiu Palu said that the postponement was necessary because the legal counsel for the defendants, William Clive Edwards was currently with another client at the Nuku'alofa Supreme Court.
The accused 'Akilisi Pohiva, Tu'i Uata and Semisi Sika have been charged with the obstruction of police duties and disorderly behavior in a public place during a protest march on June 1 2006.
Before Police Magistrate Samiu Palu adjourned the case he rejected a request from Akilisi, who is representing himself, and Tu'i for their hearings to be held separately.
Tu'i requested for a separate hearing because he has been indicted with three charges, relating to words spoken in different places at the June 1 protest march, and he was concerned that he would not get a fair trial.
The third accused Semisi Sika failed to appear in court today.
Samiu rejected the request by 'Akilisi and Tu'i, and ruled for the three defendants to appear in court on Friday, because the evidences are legally related to the same incident, the protest march that took place on June 1, 2006.
He said that although the evidences provided in court are similar, the court will do their job to thoroughly examine them and connect them to the correct defendant and he did not believe that by having the one hearing for all three would take away their right for a fair trial.
Police Magistrate Samiu replaces Police Magistrate Latu Mohenoa who presided over the hearing for Teisina Fuko and Semisi Tapueluelu on similar charges relating to the June 1 march. He found them guilty on January 25 at the Fasi Magistrate court.
The request for a new judge was made by Clive Edwards, the legal counsel for the three defendants on January 25 on the ground that the same evidences that were presented during the Fuko and Tapueluelu hearing will most likely be called in again and they wanted a new judge to hear their evidences. The request was accepted.
The charges of the three defendants are all in relation to a march held by supporters of the democracy movement on June 1, 2006 to present a petition to the Palace office, Nuku'alofa, the same day students from throughout Tongatapu were marching to mark the opening of the Tonga Legislature.
The Tongan police gave a permission for the march to start at 2pm that afternoon allowing the students to complete their march that morning, but the three accused who were part of the leaders of the march disobeyed this order and pushed for their march to start before 2pm.
The Police Prosecutor 'Unga Fa'aoa is expected to call over 20 witnesses to give evidence during the hearing on Friday.