Mele Teusivi 'Amanaki was convicted of failing to deliver a signed statement of her election expenses and was ordered to pay $200 fine within a month or face one-month imprisonment, after the Crown successfully appealed against her earlier discharge without conviction by the Magistrate's Court.

Hon. Justice P. Tupou KC made her ruling on 11 January at the Supreme Court in Nuku’alofa.

'Amanaki stood as candidate for the Tongatapu 7 Electoral District electorate in the General Election on 8 November, 2021.

The Electoral Act requires that within 14-days of an election, every candidate shall deliver to the Supervisor a signed statement of his election expenses.

At the Magistrate's Court, ‘Amanaki pleaded not guilty to the charge of failing to deliver a signed statement of her election expenses within 14-days from the date of election.

On 25 May 2022, she was found guilty and convicted at the lower court. Then on 1 June, she was sentenced and discharged without conviction by the Magistrate.

Crown appealed discharge

This resulted in this appeal, in which the Crown argued that the Magistrate ought not to have discharged 'Amanaki without conviction and his doing so was a misapplication of s.204 of the Act.

The Crown said the appropriate sentence was a fine ranging from $100-$200.

On the other hand, 'Amanaki argued that the Magistrate correctly applied his discretion in discharging her without conviction and should not allow the appeal.

This was the fifth time 'Amanaki had run as a candidate and admitted she was familiar with the requirements for filing statements of expenses.

The deadline for the relevant statement was 4:00pm on 2 December 2021. She filed her statement on 3 December 2021 and accepted it was late. In spite of that she maintained a not guilty plea.

“In respect of the sentencing, she argued as she did in the trial that she had good reason for the lateness of her statement and that because two other candidates had filed their statements after 4:00pm on 2 December 2022 and were not charged by the Supervisor of Elections, she should receive the same treatment and be fined $0.00.”

The mitigating factors in the respondent's favour were her good character and good record, said the judge.

The Crown argued that the Magistrate wrongfully imposed s.204 of the said Act because he failed to refer to any relevant authority to justify his decision, and that he had no regard to the seriousness of the offence, her character and circumstances, and the decision was out of proportion to the gravity of the offending, among others.

The judge in conclusion found that the Magistrate fell short of observing the proper approach set out under s.204.

"The appeal is allowed. The order discharging Ms. 'Amanaki without conviction is quashed."

'Amanaki is convicted of failing to deliver a signed statement of her election expenses within 14-days from the date of election and is fined $200 to be paid within a period of one-month or on failure to pay, one-month imprisonment, ordered the judge.