Lord Tu‘ivakano appeals dismissal of malicious prosecution claim [1]
Thursday, May 19, 2022 - 23:53
Lord Tu‘ivakano will have his appeal heard on Friday, 20 May against a decision of the Supreme Court to dismiss his civil claim of malicious prosecution against the Police Commissioner, Attorney General and the Kingdom of Tonga in 2021.
He claimed a total of $5.75 million in damages for alleged malicious prosecution.
The Solicitor General Sione Sisifa said, Lord Tu'ivakano is appealing the decision of the Supreme Court whereby it was ruled that he failed to establish, on the balance of probabilities, that the police investigation and criminal prosecution against him was without reasonable and probable cause or that it was motivated by malice.
This claim against the Police Commissioner, Attorney General and the Kingdom of Tonga (respondents) was dismissed by the Supreme Court, and he was ordered to pay the defendants’ costs of the proceeding.
He said the basis of Lord Tu'ivakano's appeal is that the Supreme Court trial judge erred in his decision that there was reasonable and probable cause to prosecute him:
And that the Supreme Court trial judge erred in his decision that the prosecution was not motivated by malice and the Supreme Court trial judge erred in his assessments of the damages had Lord Tu'ivakano established his claim.
The Solicitor General said, this is challenged by the respondents; they asserted that the Supreme Court trial judge was correct in this decision that there was reasonable and probable cause to prosecute. That the Supreme Court trial judge was correct in his decision that the prosecution was not motivated by malice; and that the Supreme Court trial judge was correct in his assessments of the damages had Lord Tu'ivakano established his claim, he said.
Lord Tu’ivakano is a former Prime Minister and former Speaker of the Legislative Assembly. He is also the current Tongatapu No.2 Noble’s Representative.
He is represented by Mr Clive Edwards SC with the Solicitor General representing the respondents.
Claim dismissed in October 2021
Meanwhile, in 2021 Lord Tu'ivakano brought the civil claim when he sued the three defendants (now respondents on the appeal).
He alleged wrongdoing by the defendants and claimed the total of $5.75 million in various forms of damages and legal costs, he said was suffered following his arrest in 2018, court appearances in 2019 and criminal trial in 2020.
In 2020, he was sentenced to two-years imprisonment (suspended) and had to perform 100 hours of community service, after a jury found him guilty on charges relating to false statements about passports and perjury.
In October 2020 Lord Tu'ivakano was acquitted on appeal of those convictions.