PHOTO: MP Tapueluelu’s future in balance as court investigates claims he breached electoral law.
MP Mateni Tapueluelu’s future in Parliament is in doubt as the Supreme Court investigates whether failure to pay fines imposed in a 2011 court case means he has breached the electoral laws.
Prime Minister ‘Akilisi Pohiva’s son-in-law owes money to former MP and Minister of Justice, Clive Edwards who successfully sued him for defamation over an article in Kele’a newspaper.
A candidate who runs for election when there is a judgment of debt against them is in breach of the law.
Aspiring Parliamentarians have to apply for a certificate of clearance from the court before they can register as a candidate.
Tongan Attorney General ‘Aminiasi Kefu told Kaniva News he had advised the Electoral Office to investigate whether Tapueluelu had breached the electoral law.
The Office of the Election Commissioner said it had asked the court to confirm whether Tapueluelu had breached the electoral law by not paying the fine.
The Office said it understood Magistrate Folau Lokotui was working on their request.
The attorney General said if there had been a breach, his office would ask the Supreme Court to disqualify Tapueluelu’s membership from Parliament.
Mr Edwards is reported to have said he believed Tapueluelu’s debts were overlooked when he applied for his certificate of clearance of court debts.
Tapueluelu was editor of Kele’a newspaper, of which his wife Laucala was publisher, when it published an article claiming Edwards had a secret list of candidates for the 2010 November general election.
The article implied Edwards did not support the democrats and that his team of candidates supported the status quo.
Edwards denied the claim and sued the paper and the Tapueluelus for defamation. On June, 17, 2011 the Nuku’alofa Magistrate court ruled in favour of Edwards and ordered the Tapueluelus to pay Edwards TP$10,000 in damages and TP$4,500 in legal costs.
The Magistrate Court’s decision was followed by several submissions, disputes and appeals by both the defendants and the plaintiff.
However, on March 31 this year, the Court of Appeal ordered the Tapueluelus and Kele’a newspaper to pay the fine. It gave the defendants 10 days to clear the debts.
When asked whether there would be a by-election if Tapueluelu was found to have breached the electoral law, the Attorney General said it would be a long process.
He said if Tapueluelu was disqualified he could appeal the decision. This meant it could take some time before there was a by-election.
Emotional
In this week’s issue of Kele’a Tapueluelu made a number of emotional comments about why he did not pay the fine within the 10 days period the appeal court ordered.
He said they had already applied to court to stay the execution of the payment of the debts.
He said the Court of Appeal’s decision on March 31 allowed him and his co-defendants to appeal the magistrate’s decision, but they had to first pay Edwards the fine imposed on them by the Magistrate Court in June 2011.
Tapueluelu said if their appeal overturned the Magistrate’s decision their money would be paid back.
However, he did not pay the money within the 10-day period set by the Court of Appeal.
He said it had been a difficult decision not to pay the money, but he decided to donate it to his mother-in-law’s medical treatment instead. The medical treatment cost the family TP$30,000, Tapueluelu said.
The Prime Minister’s wife, Lady Neomai Pohiva, was taken to New Zealand for surgery last month.
Tapueluelu said it was difficult for him to face the situation, but he had learned to forgive those who persecuted him.
He asked his supporters to pray for him and his work so that God’s will would be done.
Outstanding
Mr Edwards is reported to have said that after the November 2014 general election he went through his legal documents and realised the Tapueluelus had not applied to stay the payments of the fine in their first appeal.
Edwards said that if a candidate had an outstanding judgment against them they could not stand as a candidate for Parliament, even though they had applied for a stay of execution.
Edwards referred to the case launched by Hon. Pohiva against Princess Pilolevu and others over the transfer of Chinese grant money to Tongasat.
Edwards said the court ruled that Hon. Pohiva had to clear his TP$20,000 fine so he could stand as a parliamentary candidate in last November’s election.
Hon. Pohiva lodged an appeal to stay his court debts to the Princess and others. His appeal has not been finalised.
In his ruling the Supreme Court Judge said if he granted an execution of stay on Hon. Pohiva’s fine the ruling would clash with Clause 65 of the Tongan Constitution, which stipulated that no candidate could stand for Parliament if there was a court fine against him or her.
Hon. Pohiva paid his fine in October last year before the general election campaign began.
In early March this year the Court of Appeal upheld the Supreme Courtʻs ruling that Hon. Pohiva had to pay the plaintiff’s legal costs of TP$20,000.
The main points
- MP Mateni Tapueluelu’s future in Parliament is in doubt as the Supreme Court investigates whether failure to pay fines imposed in a 2011 court case means he has breached the electoral laws.
- Prime Minister ‘Akilisi Pohiva’s son-in-law owes money to former MP and Minister of Justice, Clive Edwards, who successfully sued him for defamation over an article in Kele’a
- A candidate who runs for election when there is a judgment of debt against them is in breach of the law.
- Tongan Attorney General ‘Aminiasi Kefu said if there had been a breach, his office would ask the Supreme Court to disqualify Tapueluelu’s from Parliament.
For more information
Kele’a newspaper sued by cabinet minister Edwards (PMC)
Tonga’s Kele’a newspaper fined for defaming politician (RNZI)
