The Tonga Supreme Court has rejected an appeal by the Minister of Justice Vuna Fā’otusia against charges of using threatening language to a government servant.
The charge arose out of an incident on January 12 2019, during a police investigation concerning a stolen cow.
According to Kaniva News, the Minister is alleged to have telephoned the police officers involved and said:
“Why did you take Faioso’s cow? And stop working like a tough guy before I shoot the shit out of a Police and had Faioso found you all of his farm, he would have shot the shit out of you. “
The Appellant was subsequently charged with having breached sections 57 and 65 of the Criminal Offences Act.
Section 57 says: “Every person who uses threatening, abusive or insulting language or behaviour towards any officer in the service of the Government shall be liable on conviction to imprisonment for any period not exceeding 2 years, or to a fine not exceeding $5,000, or to both such fine and imprisonment.”
At the preliminary enquiry of the charges on October 22 last year counsel for the Minister made no case submissions in respect of both charges.
Principal Magistrate Mafi rejected the submission in respect of S.57 but upheld the submission in respect of S.65 and ruled that there was insufficient evidence for that charge to be referred to the Supreme Court.
Both decisions have been appealed. This proceeding concerns the decision in respect of S.57.
The defendant argued that, the Prosecution described its understanding of the Defendant’s submissions as being, relevantly, that S.57 did not apply to the Defendant as a Cabinet Minister or anyone in the service of the Government.
An argument was also presented that the law did not apply to police.
Lord Chief Justice Whitten, presiding, rejected this argument.
“It is evident that Parliament intended . . . severe consequences for those who engage in threatening, abusive or insulting language or behaviour towards officers when in the service of the Government,” the judge said.
“That important and express distinction from ordinary citizens in society cannot be overlooked and effect to it must be given.
“In my view, S.57 was deliberately designed by Parliament to respond to the language allegedly used in this case directed to the police officers concerned.”
“The appeal is dismissed.”