Legal arguments over a comment allegedly made by accused People's Representative Sione Teisina Fuko, took up the first part of this morning's session at the Nuku'alofa Supreme Court.

Crown witness Lance Corporal Filipe Fifita who first gave evidence on Friday, March 13, was cross-examined by defence counsel Clive Edwards on the 11th day of a jury trial of six men, today March 16.

The counsel put to the witness, that in the first record of interview he conducted with the accused, he said before arresting him he worked on information and he was satisfied there was sufficient evidence to charge the accused with sedition.

The witness answered, "yes".

The witness confirmed an extract said by the accused that, "Dr Feleti Sevele was the block to change," as the exact words spoken.

The counsel put to him whether he understood the proposal submitted by Sevele that had caused the argument. The witness answered "no", he did not understand what the proposal was.

"So you did not care about what the accused said?" asked the counsel. "No", replied the witness, he only cared about the words he spoke.

Argument

"But in your allegation the extract "the PM is a block to change" incited disaffection toward the Prime Minister, so you should have investigated it," argued the counsel.

The witness disagreed. He said that the intention of his investigation was to confirm the intention of the words the accused spoke.

The counsel said that the truth of the matter was that Lance Corporal Filipe Fifitahe was not willing to do any further investigation, before charging the defendant.

The witness answered that that was the counsel's own opinion.

"But your job as investigator was to investigate it further, instead you just charged him with it," the defence counsel asserted.

The witness answered that the sedition charge against the accused was based on the words he spoke, the intention of his speech in which he opposed the position.

The counsel asked "what position?"

The witness answered, "the extract of the speech incited disaffection against the king, Government and Parliament and the position meant the Prime Minister of Tonga. The first method the accused used was airing his speech on television for the people to see," said the witness.

"So the question is if someone allegedly opposed change, you call that disaffection?"

"Yes," replied the witness "because the accused incited disaffection among people against that position."

"The words spoken by the accused that the Prime Minister is a block to change. Which law did it breach?"

The witness answered the words he spoke, the method he used, in which it was broadcasted incited disaffection amongst people against the Prime Minister and Government, "that is sedition."

Third week

The trial continues to its third week and the Crown will continue to call the remaining few of its witnesses.

The six accused are Paula Vi of Masilamea, Siosiua Uipi of Fatai, Tevita Fifita of Popua, Siale Fihaki of Nukunuku, Semisi Tapueluelu of Haveluloto and Sione Teisina Fuko of Ma'ufanga.