Dalgety perjury trial to start October 26 [1]
Tuesday, April 27, 2010 - 21:51. Updated on Monday, September 9, 2013 - 18:40.
LORD Dalgety appeared at the Nuku'alofa Supreme Court this morning, 27 April, and pleaded not guilty to one count of perjury that related to a statement he made in January at the Royal Commission of Inquiry into the Sinking of the MV Princess Ashika.
Appearing before Chief Justice Anthony Ford, Lord Dalgety a.k.a. Ramsay Robertson Dalgety QC, was charged with the offence of perjury contrary to section 63(1) of the Criminal Offences Act (Cap. 18).
The indictment stated that on or about January 19 2010, at Kolofo'ou, that the defendant did make under affirmation in a judicial proceeding before the Royal Commission of Inquiry into the sinking of the MV Princess Ashika, a material statement relating to a matter of fact which he knew to be false, which is recorded in the official transcript of that judicial proceeding.
The perjury is claimed to come from a stuttered reply Lord Dalgety made when questioned by the Counsel Assisting the Ashika inquiry, Manuel Varitimos; and was quoted in the indictment as follows:
"Mr Varitimos: Well do you know what the shareholding in Ocean Pacific Limited is?
Lord Dalgety: I - I can't remember that. It was - it was organised out - I wasn't involved in the organisation of that company."
Kahu Afeaki who was appearing for Lord Dalgety under the direction of his New Zealand counsel Mr Hirschfeld and Tavake Afeaki, elected to be tried before judge alone.
The Chief Justice set the trial to begin on October 26 for five working days. At the same time a Pre-trial Conference was also set for September 29.
Solicitor General 'Aminiasi Kefu who represented the Crown informed the court that he intended to call nine witnesses to give evidence.
Media restriction lifted
Counsel Kahu Afeaki failed to have a media restriction reimposed on the Dalgety case.
He made submission to the Chief Justice regarding an existing Magistrate's Court Order made by Sione 'Etika at a bail hearing on March 3 that had on counsel's request restricted media to report only on the court order and suppressed reporting of the court proceedings. Kahu claimed it was necessary to stop the media from reporting the court proceedings because, he claimed, there had been false reporting by media of Dalgety's case.
He submitted to the Chief Justice for the court order to extend to the arraignment held today and he wanted it to be in force until the trial began in October.
The Chief Justice responded that this was a public arraignment that sits in public and he was not prepared to make any order and was not aware of the court order initially issued by the Magistrate's Court in regards to the media restriction on this case.
The Chief Justice stressed to the counsel that the court order made by the Magistrate was that of the Magistrate, "this is now the Supreme Court and this case will be treated like any other case."