Tonga’s Appeal Court has dismissed the appeals of the former Deputy Prime Minister and two other Cabinet Ministers over court decisions disqualifying their election due to breaches of bribery laws.
Three judges of the Court of Appeal ruled in favour of the Supreme Court and said the election of Poasi Mataele Tei, the former Deputy Prime Minister, “remains void”.
“The appellant is to pay the costs of and incidental to the Appeal, to be taxed if not agreed”, the court judgement said.
“That the costs order reflects the significance overall of the contravention of (b) which had been upheld.
“The order of the court is appeal dismissed with costs”.
In its rulings against the Minister for Finance Tatafu Moeaki’s appeal the Appeal judges “set aside the finding of the primary judge that yhe appellant committed the offence of bribery under s 21(1)(a) and s 2 21(2) of Electoral Act by promising though Mrs Hua latu to give plastic water tanks to electors of Pātangata to induce them to vote him.
“Otherwise dismiss the appeal with costs”, they said.
Former Minister for Internal Affairs Sione Sangster Saulala appealed his electoral bribery conviction but the Appeal judges in their 18-page decision this afternoon rejected it.
“The appeal is dismissed”.
Former PM Tu’i’onetoa case
The Court of Appeal has dismissed an appeal by Taniela Kelekolio Kiu against a judgement by the Supreme Court in an allegation of bribery against former Prime Minister during last year’s election
Dr Tu’i’onetoa, was a candidate for People’s Representative for the Tongatapu 10 Electoral District at the elections held on November 18. His party lost the election, but he was successful in Tongatapu 10.
Mr Kiu, challenged Dr Tu’i’onetoa’s election by way of an election petition under Section 25 of the Electoral Act 1989, making two allegations that the appellant had bribed electors
The Supreme Court dismissed Kiu’s claim that Dr Tu’i’onetoa was guilty of bribery during last year’s elections by making a speech to electors on 12 November 2021 in which, it was claimed, he declared the construction of a wharf at Afa Village was made possible through his work in government and that in return he requested that the voters in the villages of Afa, ‘Eueiki, Manuka and Navutoka return the favour to him by remembering him at the polls during the election to be held the following week.
The Court of Appeal noted that the allegation of bribery was rejected because no gift was made to an identifiable voter or specified group of voters. Rather the construction of the wharf was for the benefit of the general public.
The Court ruled that the judgment was not in error and dismissed the appeal with costs.
The other allegation concerned a display of handicrafts at Niutao by members of the Women’s Association of Tongatapu 10. Dr Tu’i’onetoa was the patron of the Association and guest of honour at the event. Although the purpose of the event was not political, voters in the electoral district were present when speeches were made. It was estimated by a witness that there were 1000 people in the audience. Dr Tu’i’onetoa brought to the event a vehicle on which the banner of the People’s Party, including his image, was prominently displayed.
Dr Tu’i’onetoa was accompanied by the then Minister of Finance, Hon. Tevita Lavemaau. Dr Tu’i’onetoa gave a keynote address in which he extolled the work of the women but also mentioned how he had left the opposition PATOA party and started “this new vision [the People’s Party] to build our country and avoid disruption to the peace we’ve experienced since 1875”.
Hon. Lavemaau then made an unscheduled speech, without telling Dr Tu’i’onetoa what he was going to say. He commended the work of the Women’s Association, but also praised the People’s Party and the work of the Government. Then he made a spontaneous announcement that there would be a “tokoni” (which could mean either a gift or a grant) of TOP$50,000 “to the Women’s Committee of Tongatapu 10” as “assistance from the Government, from the Treasury”, which would be paid to them in the next week. Later in his speech he referred to this using the word “foaki”, which means a gift.
Judge Cooper found Dr Tu’i’onetoa guilty of bribery. This judgement was then the subject of an appeal by Dr Tu’i’onetoa.
The Court of Appeal overturned the earlier ruling on the grounds that a gift, given or promised in order to induce any elector to vote, meant a particular elector or electors.
Referring to the Women’s Association, the Court said that the members of a club or other association with a membership list might qualify as an identifiable group of electors and be the beneficiaries of a gift or promise of a gift to the club or association. However, in this case there was no proof of any membership list and it was accepted that the committee would receive the promised money, a sum far larger than one might expect for a local handicrafts group, on behalf of all the women of the electoral district.
The Appeals court also heard an appeal against a judgement made in relation to claims of electoral bribery made by Kapelieli Militoni Lanumata. This revolved around allegations of the provision of a water tank by the former Prime Minister. Lord Chief Justice Whitten found one claim of bribery proved and declared Dr Tu’i’onetoa election void and ordered him to pay costs.
The Court of appeal ruled that the wrong standard of proof had been applied in this case and therefore set aside Lord Chief Justice Whitten’s ruling.
Pohiva case
Meanwhile, the Court of Appeal has dismissed an appeal by Siaosi Vailahi Pohiva against an order made by Cooper J, on May 6, 2022, dismissing Pohiva’s petition that his opponent in the Tongatapu 1 election, Tevita Fatafehi Puloka had committed three acts of bribery.
Puloka won the election as the People’s Representative for Tongatapu 1 Electoral District. Mr Pohiva was the People’s Representative for Tongatapu 1 from 2019 until prior to the 18 November 2021 election.
The Court ruled there was no justification for disturbing the original finding.
