Supreme Court sets aside curfew convictions after Police decide not to fight appeal

The Tongan Police have decided not to contest an appeal by three people convicted of breaking the curfew laws.

On May 23 this year ‘Amanaki Lamelangi, Poline Lamelangi and Telisa Sainz were arrested in Houma and charged with having breached the curfew imposed by the National Covid-19 Restrictions Notices in force at that time.

On July 2 Senior Magistrate Pahulu-Kuli convicted the three and fined each of them TP$1,000.

On July 29 they appealed against their convictions and sentences.

The grounds of appeal included, among other things, claims that that the Magistrate erred in law and/or fact when she ruled that the Prime Minister issued the National Covid-19 Restrictions Notices as an ‘authorised officer’ under the law and by his power pursuant to section 37 of the Act;

failed to observe natural justice in relation to the conduct of the police officers in approaching and arresting the appellants;

failed to include in her summing up that the prosecution had failed to produce any of the Notices or any other document other than the Declaration of a State of Emergency by the Prime Minister as to the night-time curfew as at the date of the appellants’ arrest; and

failed to refer in her summing up to the evidence that ,at the time of their arrest, the appellants were all inside their friend’s home and none of them were out on the streets.

On August 19 the Police said they would not oppose the appeal on the ground that the appellants were arrested within the confines of a private home and had therefore not breached any curfew.

Lord Chief Justice Whitten therefore set aside the Senior Magistrate’s convictions and fines of the Lamelangis and Sainz.

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