The Supreme Court has approved the Tonga Development Bank’s (TDB) request to withdraw its civil case against the National Reserve Bank of Tonga (NRBT), despite opposition from TDB executives.
Lord Chief Justice Malcolm Bishop KC delivered the ruling on Tuesday, as reported by Tonga Broadcasting, following a joint court hearing last week. The case involved allegations of unlawful conduct, negligence, and defamation against NRBT Governor Tatafu Moeaki and others.
The NRBT and other defendants did not oppose the withdrawal. However, TDB CEO ‘Emeline Tuita and former director Penisimani Vea contested the move, where reportedly the bank’s decision was influenced by a government directive, given the government is TDB’s majority shareholder, ordering the discontinuation of the proceedings.
In a related development, the court addressed separate applications from Tuita and Vea seeking jury trials. The application for a jury trial in the case against NRBT was denied, with the trial to proceed before a judge alone. Conversely, the application concerning media defendants was granted, allowing for a jury trial.
An application for discovery was also discussed but deemed premature by the Chief Justice, who stated it would be addressed in due course.
No trial dates have been set yet.