NUKU'ALOFA (Pacific Islands News Association/ Pacific Media Watch): The Kele’a newspaper’s editor and publisher have been fined after they were found to be in contempt of court by Tonga's Chief Justice on June 24, at the Nuku’alofa Supreme Court.
Editor ‘Ofa Vatikani and publisher Laucala Pohiva were found in contempt of court in relation to an article titled "Fehu’ia pe ‘oku totonu nai ke fotunga pehe ni e tu’utu’uni hopo" ("Questionable whether a court order should look like this") which was published on the weekly newspaper on March 2.
The Attorney-General’s Office said the Chief Justice on July 15 sentenced Vatikani to pay a fine of $T1250 (US$589) within two months, otherwise he would be imprisoned for one month.
Pohiva was fined $750 (US$350) to be paid within two months or face one month imprisonment.
Both of them were given 42 days from the sentencing date to file any appeal against their conviction or sentence.
Chief Justice Owen Paulsen fined them after being informed that they were remorseful and had published apologies to the court in the newspaper twice.
Court criticisms
“Anyone is free to criticise the decisions of the court of the conduct of any judge, even if the criticism is outspoken, mistaken or wrongheaded, provided that it is not likely to undermine the public confidence in the administration of justice,” Paulsen said
He said that in many cases the good sense of the community can be relied upon as sufficiently safeguard against a scandalous disparagement of a Court or Judge.
The chief justice also said the reader would understand from the last paragraph that the explanation for the "questionable" court order and the "suspicious" decision of Magistrate Mafi were communications from high authorities to the Ministry of Justice to release Liu and Tian.
“That would have the effect in my view to lead members of the community to conclude that Magistrate Mafi was influenced to discharge the defendants, that he is not impartial and that the Magistrate’s Court is not an independent institution, but one that is subject to influence from people in high authority.”
The application was filed by the Attorney General for committal of the two respondents on the grounds that they are guilty of contempt by scandalising the court.
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Pacific Media Watch
