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Home > Police magistrate orders Kele'a to pay Cabinet ministers

Police magistrate orders Kele'a to pay Cabinet ministers [1]

Nuku'alofa, Tonga

Friday, June 14, 2013 - 09:59.  Updated on Monday, September 9, 2013 - 18:40.

A letter writer to the Kele'a and the newspaper, along with its publisher and editor, were ordered to pay a total of $249,442 in damages and costs in a civil defamation case that was brought by the Tongan Prime Minister, Lord Tu'ivakano and six Cabinet Ministers.

On12 June, Police Magistrate Paula Tatafu found the defendants guilty of defaming the Prime Minister and his Cabinet Ministers, when on 29 October 2012 a letter to the editor, written by Solomone Palu, was allowed by the editor, Mateni Tapueluelu and to be published by the publisher, Laucala Tapueluelu in the Kele'a newspaper.

The four defendants were Solomone Palu, the letter writer, Laucala Tapueluelu the publisher, Mateni Tapueluelu the editor, and the Kele'a publication.

The plaintiffs claiming defamation were the Prime Minister, Lord Tu'ivakano; Deputy Prime Minister, Hon. Samiu Vaipulu; Minister of Commerce, Tourism and Labour, Dr Viliami Latu; the Minister for Revenue, Hon. Fe'ao Vakata; the Minister for Education and Training, Dr 'Ana Taufe'ulungaki; the Minister for Agriculture, Food, Forests and Fisheries, Hon. Sangster Saulala; and the Minister of Justice, Hon. Clive Edwards.

'Akilisi Pohiva acted as counsel for Solomone Palu; and Sione 'Etika was counsel for the Kele'a newspaper and its publisher and editor.

Hon. Clive Edwards represented himself, the Prime Minister and the five other Cabinet Ministers.

The court was told that the letter alluded to how some were blessed by the fact the law would not touch them. It referred to a decision to pay out $34 million of government money and stated it was wrong. It also referred that if the wrongdoing had been committed by People's Representatives they would have already been taken to court.

Not named

Police Magistrate Paula Tatafu in his decision of 12 June stated that the plaintiffs were not named in the letter, but there were references to the Prime Minister, his ministers and government leaders. The Police Magistrate interpreted that to mean "the Prime Minister and the six Cabinet Ministers", the plaintiffs.

Attempts by the defendants' counsel to use Fair Comment and Qualified Privilege as a defence was rejected by the Police Magistrate.

Each of the four defendants were ordered to pay $5000 each to each of the seven plaintiffs, and also to pay the costs of legal fees for each of the plaintiffs, ranging from $3762 to $4001.

Legal fees

The legal fees for six Cabinet Ministers, who were represented by the Minister of Justice himself, Hon. Clive Edwards, amounted to a total of $27,356.90.

In addition to that, the Magistrate awarded the Minister of Justice $37,452 (being for damage $20,000 and costs of $17,452 for representing himself).

 Mateni Tapueluelu, the Kele'a editor, said that they had launched an appeal against the decision.

media [2]
Clive Edwards [3]
Kele'a newspaper [4]
defamation [5]
Solomone Palu [6]
Laucala Tapueluelu [7]
Mateni Tapueluelu [8]
Paula Tatafu [9]
Lord Tu'ivakano [10]
From the Courts [11]

Source URL:https://matangitonga.to/2013/06/14/police-magistrate-orders-kelea-pay-cabinet-ministers

Links
[1] https://matangitonga.to/2013/06/14/police-magistrate-orders-kelea-pay-cabinet-ministers [2] https://matangitonga.to/tag/media?page=1 [3] https://matangitonga.to/tag/clive-edwards?page=1 [4] https://matangitonga.to/tag/kelea-newspaper?page=1 [5] https://matangitonga.to/tag/defamation?page=1 [6] https://matangitonga.to/tag/solomone-palu?page=1 [7] https://matangitonga.to/tag/laucala-tapueluelu?page=1 [8] https://matangitonga.to/tag/mateni-tapueluelu?page=1 [9] https://matangitonga.to/tag/paula-tatafu?page=1 [10] https://matangitonga.to/tag/lord-tuivakano?page=1 [11] https://matangitonga.to/topic/courts?page=1