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Court rejects application for review of Ashika Inquiry report [1]

Nuku'alofa, Tonga

Monday, August 9, 2010 - 22:00.  Updated on Monday, September 9, 2013 - 18:40.

AN application by Paul Karalus, Tonga's former Minister of Transport, for a judicial review of the report of the Royal Commission of Inquiry into the Sinking of the MV Princess Ashika was rejected by Chief Justice Anthony Ford in the Nuku'alofa Supreme Court today, August 9.

Chief Justice Ford stated in his 21-pages decision that he was not persuaded that Paul Karalus had made out an arguable case and "I decline to grant leave for judicial review of the Commission's report."

In rejecting Paul Karalus's application Chief Justice Ford granted an application by the Solicitor General. 'Aminiasi Kefu for costs "to be agreed or taxed".

In his application for a judicial review of the Commission's Report, Paul Karalus, the plaintiff had sought:
1. Certiorari quashing the Commission's findings in the report of specified allegations of serious misconduct against the plaintiff;
2. A declaration that the specified allegations of serious misconduct against the plaintiff were unlawful, unfair and against the principles of natural justice;
3. An injunction prohibiting continued publication in the report and on the official website of the specified allegations of serious misconduct against the plaintiff;
4. An apology to be widely published by the Commission;
5. Damages against the Commission arising from the making of the specified allegations of serious misconduct against the plaintiff together with costs.

The Solicitor General Mr 'Aminiasi Kefu who appeared as Amicus Curiae described the statement of claim by the plaintiff as "severely inadequate." He submitted that the plaintiff's claim was unclear, not concise and it did not set out the facts that form the basis of the claim, but instead relied on generalised statements and repeatedly alluded to the "numerous allegations" that "are peppered" In the report without identifying specifically where the "numerous allegations" appeared.

From the Courts [2]

Source URL:https://matangitonga.to/2010/08/09/court-rejects-application-review-ashika-inquiry-report

Links
[1] https://matangitonga.to/2010/08/09/court-rejects-application-review-ashika-inquiry-report [2] https://matangitonga.to/topic/courts?page=1