The Acting Attorney General ‘Aminiasi Kefu has issued a warning against comments by the public regarding the circumstances of the death of Mr Sione Feimoefiafi.
Feimoefiafi, 49, of ‘Uiha, who became a resident of Oregon, died at Vaiola hospital on Monday night following an afternoon brawl at the Tali’eva bar in Nuku’alofa.
Five men have been arrested and are in Police custody facing various charges in relation to his death.
Police said they could not release further details at this stage while their investigation continues.
Kefu said the charges against the accused are likely to be prosecuted in the Supreme Court in due course.
But the outcry against the accusations and the presumed guilt of these men by members of the public has spilled over into social media.
“The Attorney General’s Office is prepared to criminally prosecute any person who makes public comments that it believes amounts to contempt of Court, interferes with the course of justice contrary to section 65 of the Criminal Offences Act, or issues threatening documents contrary to section 111 of the Criminal Offences Act,” it said in a statement this morning.
This is the statement in full:
The Attorney General’s Office wishes to express its serious concerns regarding the extent of public comment regarding the circumstances of the death of Mr Sione Feimoefiafi of Portland, Oregon, United States of America, that occurred on Monday 4 February 2019 in Nuku’alofa.
The public should be now fully aware that Tonga Police announced on Wednesday 6 February 2019 that certain persons were charged in the Magistrates Court for the murder of Mr Feimoefiafi, and these charges are likely to be prosecuted in the Supreme Court in due course.
The public comments have reached a point that persons may be criminally prosecuted for contempt of Court, or interference with the course of justice contrary to section 65 of the Criminal Offences Act, or sending threatening documents to family members, especially the children, of accused persons, contrary to section 111 of the Criminal Offences Act.
The determination of whether these accused persons are responsible under the laws of Tonga for the death of Mr Feimoefiafi, is a Constitutional and legal duty for the Courts of Tonga, and no one else.
It is not for the public to decide as to who has legal responsibility for the death of Mr Feimoefiafi on the radio, the newspapers, the internet or in general conversations.
The determination will be made in a Court of Law, judged by an independent judge, and an independent jury, if the accused persons so elect.
The Attorney General’s Office therefore wishes to advise the public to please exercise restraint, and to refrain from making public comments regarding the facts leading to the death of Mr Feimoefiafi.
Public comment that amounts to contempt of Court includes public comment that has a real risk of interfering with the Courts’ duties and functions to exercise due and proper administration of justice.
It also includes, and more particularly to this incident, public comments that may influence persons, who may be selected as jurors to make factual assessments and to render a verdict on guilt, to have prejudice or sympathy regarding those involved in the incident.
The Attorney General’s Office is prepared to criminally prosecute any person who makes public comments that it believes amounts to contempt of Court, interferes with the course of justice contrary to section 65 of the Criminal Offences Act, or issues threatening documents contrary to section 111 of the Criminal Offences Act,” it said in a statement this morning.
Members of the public are therefore requested to demonstrate that the rule of law still prevails in Tonga, and that we, as a nation, honour and protect the independence of the judiciary, and the rights to a free trial for all accused persons who are charged before our Courts, regardless of the severity of the crime they are charged with.
