Six members of a Parliamentary Select Committee have paid costs of $5,500 to the Nuku'alofa Supreme Court for their defence delay in a hearing on an application for a Judicial Review of the Report on how a multi-million pa'anga loan from China was spent on the reconstruction of Nuku'alofa.

Chief Justice Hon Michael Scott awarded the plaintiff costs against the defendants after five of the six members turned up unprepared and without legal representation and asked for a last minute adjournment at the Supreme Court, on January 23.

'Akilisi Pohiva, Lasike, Lord Tu'i'afitu, Dr Sitiveni Halapua, the Auditor General Pohiva Tu'i'onetoa and independent lawyer Posesi Bloomfield were ordered to pay $916 each within seven days.

The Supreme Court office stated yesterday, that the defendants had settled their payment on costs within the seven days ordered, which expired on January 30.

Representation

The Attorney General Neil Adsett said he met with committee members on January 30 and was considering acting for this and other parliamentary committees - 'as a committee not for the individual members'.

He had not seen the court papers in this action, but from reports received he said it seemed that an important matter of public law was in question, and that was whether the internal proceedings of the parliament are open to review by the courts.

"I will decide my position after I have seen the court papers and as I indicated to the Speaker and the committee, after I have seen the Prime Minister and confirmed his attitude," he said.

"This office is not concerned with who is right or wrong, our concern is with clarifying the important constitutional issues on whether the internal procedures of the parliament are subject to review in the courts."

He said he would be happy to advise and represent committees of the Legislative Assembly as he sees it as a part of his job under the Constitution as principal legal advisor to Cabinet and Government.

If this came about, it would not be unusual or taking sides within the government system, but merely representing the interests of parliament, he said.

Delay

On January 23, the defendants sought an adjournment to June/July to allow parliament to sit and decide on the matter, as well as the issue of their legal representation. The judge accepted the application for adjourment but set the hearing earlier to April 4.

The Judicial Review brought by former Prime Minister Lord Sevele and Paul Karalus claim that the report infringed natural justice, the Constitution and the Rules and Procedures of Parliament.

They are seeking for the court to quash the report and declare that the committee had breached the natural justice of the plaintiffs.

Committee

Meanwhile. a second Parliamentary Select Committee that was passed by the House to deal with the report has not met. No date has been confirmed at this stage as to when Parliament will begin this year.

The report of the Parliamentary Select Commiteee known as the Nuku'alofa Development Corporation (NDC) Report was debated in parliament for a month in September 2012.

The House in the end, decided to pass on the report  to an independent committee to be selected from members of the House's law and finance committees and to be chaired by 'Aisake Eke, Tongatapu Representative.

Members of the second Select Commitee includes the Minister of Finance Hon Lisiate 'Akolo, Minister of Health Lord Tu'i'afitu, Minister for Internal Affairs Lord Vaea and Minister for Education Hon 'Ana Taufe'ulungaki.

People's Representative for 'Eua Sunia Fili, People's Representative for Tongatapu 4 'Isileli Pulu, People's Represenative for Tongatapu 6 Sifa Tu'utafaiva, PR for Tongatapu 8 Sione Taione, PR for Tongatapu 10 Semisi Tapueluelu, and PR for Ha'apai 12 Mo'ale Finau.