In picture: L-R: Lautala Pōhiva Tapueluelu and Māteni Tapueluelu. Photo/Soane Gallagher Niukapu
Tonga’s Supreme Court has thrown out an appeal by Keleʻa newspaper against an order by the Magistrate’s Court that it pay $10,000 to Former Deputy Prime Minister Sāmiu Vaipulu.
Lord Chief Justice O.G.Paulsen dismissed the appeal by Keleʻa Publications, its editor Māteni Tapueluelu and Publisher Lautala Pōhiva Tapueluelu on September 1.
Lord Chief Justice Paulsen said Tapueluelu had made a serious allegation against Vaipulu and was “ignorant,” “not in good heart” and “malicious” when he wrote the article.
He said the editor had failed in his duty to obtain all the facts surrounding the article and had not allowed Vaipulu to have his say.
The Lord Chief Justice’s decision means the Magistrate’s Court order against Keleʻa and the Tapueluelus stands.
On January 16, 2012 Māteni Tapueluelu ran an article in Tongan in Keleʻa accusing Vaipulu and Lord Nuku of misusing a TP$80 million (NZ$50 million) grant from China to help renovate roads in Tonga.
The editor also claimed that Vaipulu, who was also the then Minister of Works, had a quarry that was used by construction operators to buy gravel to be used for the renovation of the roads.
Vaipulu denied the claims in the article and after exchanging legal documents with the publication in an attempt to gain a retraction, he took Kele’a and the Tapueluelus to court.
In the original trial, the former Deputy Prime Minister told the Magistrate’s court the article was false and that he did not own a quarry. He also said he had never received any money from the road construction project.
Māteni claimed his story was based on statements made in Parliament while the House discussed a Parliamentary Resolution.
However, he failed to submit any evidence that there had in fact been a Parliamentary debate of the issues raised in his article.
Magistrate Paula Tatafu ruled against the Tapueluelus and Keleʻa and fined them $10,000 and ordered them to pay costs of $5,348.50. The Tapueluelus then appealed Tatafu’s decision.
In the appeal before Justice Paulsen, ‘Ofa Pouono represented the Tapueluelus and Kele’a while William Clive Edwards Jr acted for Vaipulu.
The main points
- Tonga’s Supreme Court has thrown out an appeal by Kele’a newspaper against an order by the Magistrate’s Court that it pay $10,000 to Former Deputy Prime Minister Samiu Vaipulu.
- Lord Chief Justice O.G.Paulsen dismissed the appeal by Kele’a Publications, its editor Mateni Tapueluelu and Publisher Lautala Pohiva Tapueluelu on July 21.
- Lord Chief Justice Paulsen said Tapueluelu had made a serious allegation against Vaipulu and was “ignorant,” “not in good heart” and “malicious” when he wrote the article.
- He said the editor had failed in his duty to obtain all the facts surrounding the article and had not allowed Vaipulu to have his say.
