A paternity suit brought against the Tongan noble Hon. Havea Tuiha'ateiho by his uncle took an unexpected twist yesterday, as the plaintiff told the court he could not recall bringing a claim against the noble.

The plaintiff, Siaki Masiva Veikune (73), commonly known as Fonomanu, appeared in the Nuku'alofa Land Court and gave testimony, but it became apparent after being questioned by the defendant's counsel Sifa Tu'utafaiva and Chief Justice Hon Anthony Ford that the plaintiff suffered from a forgetful memory.

This caused the Chief Justice to adjourn the hearing so that a medical report could be provided on his behalf because his loss of memory was of great concern.

The suit relates to a claim that the current Noble Tu'iha'ateiho is not the real son of the late noble Tu'iha'ateiho but instead he is the son of a matapule, namely the former Minister of Police Siaosi Faletau (formerly Hon. 'Akau'ola).

The plaintiff is the younger brother of the late Noble Tuiha'ateiho and he is disputing that because the noble is not the real son of his late brother he is therefore not the rightful holder of the title and sought a DNA test to confirm that.

Forgetful

The defendant's counsel asked the plaintiff whether he was aware that the reason why they were in court was because of a claim he brought against the noble. Siaki answered no, he was not aware of making such claim.

The Chief Justice intervened in order to test the plaintiff's memory by asking him whether he had any recent health problems and Siaki answered that he suffers from back problems and he has a forgetful memory.

He could not recall when his elder brother, the late Tu'iha'ateiho had died. The plaintiff also did not recall visiting a lawyer by the name of Vusenga Helu who had issued court proceedings on his behalf in May 2005 regarding the Tu'iha'ateiho title.

The Chief Justice said that judging from the plaintiff's unsatisfactory answers in regards to the status of claim, a medical report was appropriate.

Laki Niu, representing the plaintiff, told the court his client was indeed experiencing memory problems but he wanted to bring the case so that a blood or DNA test could be done to resolve the rumour that claimed that the noble was not his brother's real son.

The Chief Justice ordered that a medical report be provided as soon as possible before a directional hearing is set.

The hearing began in the Land Court on May 23, before it was adjourned. The Land Assessor was Siaosi Blake.