Tu'ivai v Kingdom of Tonga [2007] TOSC 30; CV 290-2007 (23 November 2007)

IN THE SUPREME COURT OF TONGA
CIVIL JURISDICTION
NUKU’ALOFA REGISTRY

CV. 290 of 2007.

BETWEEN:

‘AMINI TU’IVAI
Plaintiff

AND

KINGDOM OF TONGA
Defendant

BEFORE THE HON. JUSTICE ANDREW

Counsel:
Mr Tu’ivai appear in person
Mr Sisifa for the Crown

Date of hearing: 20th November, 2007.
Date of judgment: 23rd November, 2007.

Judgment

The applicant/defendant applies to strike out the Statement of Claim in this matter and also objects to the Plaintiffs’ application for leave to file an amended statement of claim.

The plaintiff was charged with an offence of bribery of a government servant. It was alleged that he gave a cheque to a Senior Crown Counsel in order to induce him to abstain from opposing an application to adjourn the trial sine die. The Plaintiff had admitted to giving the cheque but said it was for other innocent reasons. He was ultimately acquitted of that charge.

As is his want the Plaintiff now makes a series of allegations claiming malicious prosecution, unlawful imprisonment, unlawful arrest and trespass.

The Plaintiff’s criminal matter was determined on the 4th September 2006. It was an unremarkable prosecution. There was no suggestion of malice or malicious prosecution in the trial. He was in effect given the benefit of the doubt.

The current claim is in conflict with the principle of immunity of the prosecution authorities in the investigation and prosecution of crime.

The amended Statement of Claim makes is unclear in part as to what is the proper cause of action.

In my view there are no proper grounds alleged to show that there was a malicious prosecution. Nor are there any proper grounds alleged to establish unlawful imprisonment, unlawful arrest and trespass.

I consider there claims to be an abuse of process and to be frivolous and vexations and that they should properly be struck out.

ORDER

Leave to file an amended Statement of Claim is refused.

The Statement of Claim is struck out with costs to the respondents.

DATED: 23 November 2007.

JUDGE