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Uasi v 'Ahokava [2009] TongaLawRp 16; [2009] Tonga LR 164 (27 March 2009)

IN THE SUPREME COURT OF TONGA
Supreme Court, Nuku'alofa

AM 01/2009

Uasi

v

'Ahokava anor

Shuster J
27 March 2009

Appeal against Magistrate's decision – no findings of fact recorded – case remitted back to Magistrates' Court for rehearing

On 20 January 2009 the Magistrate made an order finding the second respondent guilty of defamation in the civil proceedings. The appellant appealed and requested that the case be returned to the Magistrates' Court to proceed with a different Magistrate.

Held:

1. A Higher Court would only interfere with the factual findings of a lower court in the clearest of cases, for example if the appellant court was able to conclude the Magistrate's decision was unsound, or that the Magistrate clearly came to the wrong conclusion.

2. The Court found the case confusing primarily because the lower court record lacked detail and there were no findings of fact recorded. In all future cases involving both civil and criminal cases the Magistrates should formally record their findings of fact and formally ask for written submissions from defence counsel appearing before them. The Magistrate was then to formulate and deliver in open court a written judgement because only if they adopt these principles would ordinary people obtain true justice.

3. The case was remitted back to the Magistrates Court for a rehearing before a different Magistrate, because the Court could find no findings of fact and concluded the Magistrate may have come to or reached the wrong conclusion.

Case considered:

Pa'ila v Ma'u [2002] Tonga LR 114

Counsel for the appellant : Mr Piukala
Counsel for the respondents : Mr Fifita

Judgment and Ruling

This Appeal concerns a ruling in the Magistrates Court concerning civil case no. 245/08 - a civil dispute concerning an allegation of defamation.

On the 20 January 2009 the presiding Magistrate at LOPAUKAMEA made an order as follows.

1. UINA 'AHOKAVA you are guilty of the charge.

2. Pay $100.00 within 2 weeks if not a distress warrant will be issued against you.

3. Each party is to pay his own costs.

Notice of Appeal against the Magistrates Ruling was issued on 20th January 2008-9 and signed by MAKELETA UASI for the appellant. The Notice of appeal was duly served on the Supreme Court. The substantive hearing of this appeal took place on the 13-03-2009 with written judgment reserved until the 27th March 2009.

There are Eight Grounds of Appeal

1. This is a civil matter and the learned Magistrate has erred in law thus making an unconstitutional decision as stated above.