The Crown Law's appeal against the quashing of a perjury indictment against Ramsay Robertson Dalgety will be dealt with on papers this week by Tonga's Court of Appeal.

The 2011 first session of Tonga's Court of Appeal which began at the Supreme Court in Nuku'alofa on April 11-15 will hear seven appeals including four civil cases, two criminal cases and one divorce case.

Presiding judges are Mr Justice Michael Moore, Mr Justice James Burchett and Mr Justice Peter Salmon.

Dalgety

The Chief Registrar of the Supreme Court office in Nuku'alofa Manako Vi said the Dalgety appeal would be dealt with on papers as agreed to by both parties.

Both parties had decided their arguments were covered in their written submissions made to the judges and would not need an actual hearing in court.

She said in addition, the matter had not been on trial meaning only preliminary arguments were made by both the Crown and Dalgety's defence on November 1, 2010 in regards to the validity of the perjury indictment document, that resulted in Justice Shuster's judgement to quash the indictment.

The Court of Appeal judges would deliver their judgement on the Dalgety appeal as well as the remaining appeals in open court on Friday, she said.

The Crown appealed against Justice Shuster's decision to
quash the perjury indictment because he claimed the document was invalid and incorrect as it was not signed or dated.

The perjury charge relates to a statement made by Dalgety at the Royal Commission of Inquiry into the sinking of the MV Princess Ashika in January 2010.

Appeals

The civil appeals to be heard this week include Hupeto Kaitapu and others v ANZ, Ha'apai Marine Ltd v ANZ, Juergen Wolf and Brigitta Wolf v Franz Strauss and Gudrus Strauss and 'Alifeleti Tu'ivailala v Sitiveni 'Iongi.

These appeals are against judgements made in cases of unpaid loans and disputes in loan agreements between two or more parties.

The two criminal case appeals are Crown v Dalgety and Kapuana 'Unga v Police.

Kapuana's case is against a sentencing by Justice Shuster in regards to an assault case.

A second Court of Appeal session is expected to be held later in the year, in either September or October.