Appeals Order Retrial in Sevele v Kele’a Case After “Perverse” Verdict!
The Court of Appeal has scrapped a jury’s verdict in the highly publicised defamation case brought by former Prime Minister and life peer, Lord Feleti Vaka’uta Sevele, against former police officer Kolio Tapueluelu, Kele’a Publication Ltd., and radio host Sione Ngalu.
The Court ruled the initial trial suffered a miscarriage of justice and ordered a complete retrial, stating the jury’s decision was “plainly perverse.”
Gold, Corruption, and a Verdict that Shocked the Bench
The case stemmed from a highly publicised October 2022 broadcast on Kele’a Voice 91.5 FM. During the program, Mr. Tapueluelu accused Lord Sevele of corruption and theft related to an alleged gold deal, claiming the former PM had misused his position. Lord Sevele sued for $210,000 in damages.
The Court of Appeal found Tapueluelu’s statements on the Kelea as “unquestionably defamatory”—immediately exonerating Sevele’s case—in opposition to the jury verdict that the former Prime Minister had “not proved” his case in the initial trial. The appellate judges declared that no reasonable jury, properly directed, could have reached such a conclusion if they understood the words were defamatory, and fell blame at the trial judge for failing to direct the jury properly.
The miscarriage of justice was attributed to multiple factors, including the “misconduct” of Mr. Tapueluelu, who represented himself and abused his cross-examination privileges to further preach his position onto the jury, as well as the trial judge’s failure to provide clear legal directions to the jury on critical issues like the definition of a “publisher.”
International Legal Star Power
Beyond the legal substance, the Appeal itself deserve public attention for the unusual contrast in legal representation.
Lord Sevele was represented by local barrister Tevita ‘Aho, and Mr. Tapueluelu stood in for himself.
However, the media defendants, Kele’a and Sione Ngalu, were covered by an extraordinary team of international legal heavyweights. Their counsel included Tim Matthews MBE KC, a top Australian King’s Counsel, awarded a Member of the Order of the British Empire during the Queen’s jubilee celebrations, for Kelea. For Ngalu was Reimen Hii, a prominent Queensland barrister and a President of the Australia Institute of International Affairs (built after and affiliated with the Royal Institute of International Affairs, Chatham House), and an Atlantic Council “Expert.”
The presence of such globally recognised and highly paid international lawyers underscored how politically charged the case in Tonga is, and its implications.
The Road Ahead
By overturning the verdict, the Court of Appeal has not only ordered a fresh trial but has also issued binding directions for the new proceedings.
The new jury must be directed that the words spoken by Mr. Tapueluelu are defamatory and that they were published by both him and Kele’a.
The retrial will now focus primarily on the defendants’ affirmative defences, such as proving the truth (justification) of the highly damaging allegations. This ruling ensures that future defamation cases in Tonga will be held to a stricter, clearer standard of justice.
