Leone v Rex [2014] TOCA 12; AC 15 of 2013 (20 October 2014)

IN THE COURT OF APPEAL OF TONGA
CRIMINAL JURISDICTION
NUKU'ALOFA REGISTRY

AC 15 of 2013
[CR 202 of 2011]

BETWEEN:

VEIMAU LEONE
Appellant

AND:

REX
Respondent

Mr Sisifa for the Respondent

MINUTE OF THE COURT

[1] The appellant has appealed against his conviction and sentence on a charge of fraudulent conversion by a Public Servant.

[2] When the appeal hearing commenced Mr Pouono appeared for the appellant. It became apparent that Mr Leone was dissatisfied with the grounds of appeal and with Mr Pouono's conduct of the case. As a consequence Mr Pouono sought and was granted leave to withdraw. Mr Leone elected to undertake his own appeal.

[3] He sought an adjournment to enable him to amend the notice of appeal and to raise further issues. We granted his application on the following terms:

(i) The appeal is adjourned to the next session of the Court of Appeal.

(ii) On or before the 30th November, 2014 Mr Leone is to file an affidavit setting out in appropriate detail issues relating to his dissatisfaction with his Counsel's conduct of the hearing in the Supreme Court and annexing to that affidavit any supplementary material he wishes to rely on. His affidavit should waive expressly Solicitor client privilege so that the Crown may obtain an affidavit from Mr Pouono responding to the matters raised by the appellant. Mr Leone must also by the 30th November file an amended notice of appeal.

(iii) The Crown must file any affidavit in reply and amended submissions by 14th January, 2015.

(iv) Bail is renewed on existing terms to the conclusion of the next session of the Court of Appeal.

(v) The Registry is to provide the members of the Court with a transcript in English of the preliminary hearing.

DATED: 20 OCTOBER, 2014

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Salmon J

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Handley J

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Hansen J

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Tupou J