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Supreme Court rejects Lavulavu’s appeal; ‘no evidence’ he cannot file documents by due date

By
Philip Cass
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The Supreme Court has rejected an appeal by disgraced former politician ‘Etuate Lavulavu for more time to submit documents to support an appeal relating to the admissibility of the Auditor General’s report on the operations of the ‘Unuaki ‘O Tonga Royal Institute.

‘Akosita Lavulavu and husband ‘Etuate Lavulavu. Photo/Akosita Lavulavu (Facebook)

 ‘Etuate Lavulavu was the president of the private education provider in Tofoa and his wife  ‘Akosita was the director.

In his summary of the decision on the appeal, Lord Chief Justice Whitten said that on May 5, 2023, directions were made for the conduct of Mr Lavulavu’s objections as to the admissibility of the Auditor General’s report. Mr Lavulavu did not comply with those directions.

On June 7, 2023, at his request, the directions were varied. Mr Lavulavu did not comply with those varied directions.

On 14 July 14, 2023, at his further request, the directions were further varied. Three days later he applied again to vary the directions, arguing that  he had to travel to New Zealand on July 26, 2023, to attend a medical appointment for a urological assessment for possible prostate surgery.

He was granted bail to travel to New Zealand on July 26 and return by September 1. The former MP then asked for another extension for his submission to August 4.

“There is no medical or other evidence before the court to support Mr Lavulavu’s assertion that he is or will be unable to file any further documents in respect of his objections to the admissibility of the Auditor General’s report or appear at the hearing of the objections on the dates currently directed,” Lord Chief Justice Whitten said.

“On the contrary, Mr Lavulavu has repeatedly demonstrated an ability to prepare and file detailed and at times lengthy documents for his various applications over recent weeks and months.

“Mr Lavulavu has been provided ample opportunities to complete the filing of documents upon which he wishes to rely for the hearing and determination of his objections to the Auditor General’s report.

“The original objections, upon which Mr Lavulavu currently relies, were prepared and filed by Mr William Edwards, his then counsel, in April 2021.

“Mr Lavulavu has been afforded all reasonable accommodations for his medical conditions and for the fact that he has chosen to be self-represented since part way during the first trial.

“Any further delays to this proceeding, other than those managed by appropriate directions, are not in the interests of justice or those of any party to the proceeding.

“For those reasons, Mr Lavulavu’s request to further vary the current directions timetable is refused.”

For more information

Lavulavu found guilty of contempt of court by Judge Tupou in hearing over online interview

Lavulavu found guilty of contempt of court by Judge Tupou in hearing over online interview

Japan to release treated wastewater in weeks

By
Kaniva Staff
-

By rnz.co.nz

Japan plans to start releasing treated nuclear wastewater from the tsunami-wrecked Fukushima nuclear power plant into the ocean as soon as late August, Japan’s Asahi Shimbun daily is reporting, citing government sources.

Inspection by the IAEA officials for the Second Review of the Safety Aspects of ALPS Treated Water at the K4 tank area. Photo: Supplied/TEPCO

The paper said the release is likely to come shortly after the prime minister, Fumio Kishida, meets the US president, Joe Biden, and the South Korean president, Yoon Suk-yeol, next week in the US, where Kishida planned to explain the safety of the water in question.

Japan’s nuclear regulator last month granted approval for plant operator Tokyo Electric Power (TEPCO) to start releasing the water, which Japan and the International Atomic Energy Agency (IAEA) say is safe but nearby countries fear may contaminate food.

Bottom-trawling fishing was scheduled to start off Fukushima, north-east of Tokyo, in September, and the government aimed to start the water discharge before the fishing season got under way, the newspaper said.

In July the UN’s nuclear watchdog approved plans by Japan to release the water, despite objections from local fishing communities and other countries in the region.

About 1.3m tonnes of water stored in huge tanks on the site has been filtered through TEPCO’s advanced liquid processing system (ALPS) to remove most radioactive elements except for tritium, an isotope of hydrogen that is difficult to separate from water.

The treated water will be diluted with seawater so that the concentration of tritium is well below internationally approved levels before being released into the ocean 1km from the shoreline via an undersea tunnel.

The water – enough to fill 500 Olympic-sized swimming pools – becomes contaminated when it is used to cool fuel rods that melted after the power plant was hit by a powerful earthquake and tsunami in March 2011.

Discharging the water is expected to take 30 to 40 years to complete.

Attempts by Japanese government officials to win regional support for the plan have had limited success.

China denounced the plan as “extremely irresponsible” when it was announced in 2021. Hong Kong has threatened to ban food imports from 10 Japanese prefectures if the water release goes ahead as planned.

– Pacific News

Another Tongan family mourning after son died from gunshot wound in New Zealand

By
Kaniva Staff
-

A Tongan family in Auckland are lamenting the death of their son as Police made their first arrest this morning.

Charles Pongi. Photo/Supplied

Sālesi Pongi, also known by the English version of his name Charles, was shot at Taurima Reserve, Point England on Saturday and later died in hospital. Pongi, who was a patched Head Hunter member, took himself to hospital before he died.

Another man – believed to be a patched Rebels motorcycle gang member – took himself to Middlemore Hospital for a gunshot wound the same day.

Detective Inspector Glenn Baldwin, of Auckland City CIB, said a Glen Innes address was searched today.

“At the address, detectives arrested a 28-year-old man for breaching his electronically monitored bail.

He said Police had established his presence at the scene of Saturday’s violence.

“This is by no means the end of the matter, and we anticipate further arrests and charges as our investigation progresses.

“Our investigation team is determined and are continuing to piece together the facts and are committed to holding those responsible to account.”

The investigation team are also continuing to make good progress in reviewing CCTV footage.

Police continue to ask anyone with footage to get in touch and assist our investigation, Detective Inspector Baldwin says.

“The footage we have received so far has been benefitted our enquiries to date and I ask anyone that can assist us, to please come forward.”

An emotional status on Facebook, believed to have been posted by Pongi’s mother showed how devastating she was after Pongi’s death.

“Oh my! It has been three days now and I still have yet to hear your voice”, the post read in Tongan.

“Where are you? I would not give up and will keep calling your name.

“Good bye! Good bye! My beloved child!

“Rest assured I will take care of your children”.

The news comes after a Tongan man Sione Tu’uholoaki was shot at Queen Street, Auckland on Thursday last week. He “was taken off life support and sadly succumbed to his injuries with family beside him”.

Police are still looking for 24-year-old Dariush Talanga,  in relation to Tu’uholoaki’s death.

Police name New Zealand’s Queen Street homicide victim as Sione Tu‘uholoaki

By
Kaniva Staff
-

Police are releasing details of the man who died following a shooting on Queen Street, as the homicide investigation continues.

Today, Police can name the man who died in hospital on Friday.

He was Sione Tuuholoaki, aged 26.

As Kaniva News reported last week. a man was being sought by police following a fatal shooting in the Auckland CBD on Thursday night.

Two men were critically injured following reports of a fight on the corner of Queen St and Fort St around 11.30pm.

One man was shot in the head, while a second was shot in the abdomen. The pair were taken to hospital in critical condition.

One of the men. who was Tu’uholoaki, died in hospital overnight, while the other remains in a stable condition in Auckland City Hospital.

Police are now seeking the public’s help locating Dariush Talagi, who officers “believe can assist us in our investigation”, Detective Senior Sergeant Craig Bolton said.

“Talagi has a warrant for his arrest and is considered dangerous,” he said.

“Our thoughts are with Sione’s family as they continue to grieve their loss,” Detective Senior Sergeant Craig Bolton says.

“This is a very difficult time for them, and we are ensuring they have support in place.

“Our investigation team are continuing to work hard to bring them answers and to ensure the person responsible is held to account.”

The second man injured in Thursday night’s incident remains in hospital in a stable condition.

Has Lulutai bought replacement Canadian Twin Otter to maintain its inter-island services?

By
Kalino Latu
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Tonga’s troubled Lulutai airlines has bought a new aircraft, according to reliable sources.

Kaniva News understands the airline has bought a 19-seat DeHavilland Canada Twin Otter for US$6.5 million.

We have contacted Lulutai’s CEO, Poasi Tei, for confirmation.

We have asked him who is funding the purchase of the aircraft and when it will arrive in Tonga.

It is understood that in May this year Australia’s Department of Foreign Affairs and Trade awarded a contract to support a Twin Otter in Tonga.

Twin Otters have an extremely good reputation and have been used widely in the Pacific.

The Kiribati government bought one in February through an American company and it appears the deal may have been supported by the US government.

According to Kaniva New’s sources, a Twin Otter is being prepared and is expected to arrive in Tonga soon.

It is understood that earlier this year,  Lulutai CEO Tei was enquiring about the possibility of acquiring a Twin Otter for a three to six months lease.

Micro operators such as Lulutai normally seek a package known as a wet lease that includes an aircraft, crew,  maintenance and insurance. However, Tonga’s financial position is likely to affect its chances of securing an aircraft without external funding guarantees.

Kaniva News believes that two Twin Otters were identified as available for sale for US$6.4m each in March.

Person dies after Palmerston North shooting, offender sought

By
Kaniva Staff
-

A man has died after a firearm was reportedly discharged at an address in Palmerston North this afternoon.

Officers were called to an address on Croydon Ave in Highbury about 2.35pm.

“Initial reports suggest one person has been injured,” a police spokesperson said earlier.

“The offender has left the scene and police are working to locate them.

“Cordons are in place and police ask the public to avoid the area while staff work at the scene.”

About 5pm, police confirmed the man died at the scene.

“Enquiries are ongoing to locate the offender. A homicide investigation has now been launched,” police said.

“Police would like to hear from anyone in the area who saw anything suspicious around the time of the incident.”

Anyone who can help is urged to call 105.

A St John spokesperson earlier said one ambulance, one rapid response vehicle and an operations manager responded to the incident.

Inmate hospitalised after Auckland Prison assault

By
Kaniva Staff
-

An inmate at Auckland Prison in Pāremoremo has been hospitalised after an alleged prisoner on prisoner assault this afternoon.

Uila Kirifi, acting prison director, confirmed the incident.

“Police have been notified. Corrections will also carry out a review into the incident, and will ensure all evidence is provided to police,” he said, adding violence is “not tolerated” at the facility.

“Any prisoner using such behaviour will be held to account for their actions, including facing criminal charges.”

Police were advised of the assault about 4.10pm today, a spokesperson said, adding the person’s injuries were moderate.

“Prisons can be volatile environments, and we are constantly working to ensure our prisons provide the safest environment possible for staff and prisoners,” Kirifi said. “Auckland Prison accommodates the country’s most dangerous and volatile people.

“Many prisoners have long histories of antisocial behaviour, and can behave unpredictably and act without warning.

“Over 80 percent of the prison population have convictions for violence in their offending histories.”

Groundbreaking ceremony for Tonga’s new dialysis centre

By
Kaniva Staff
-

 Tonga has begun construction of its first ever dialysis centre in the kingdom.

A groundbreaking ceremony this morning marked the occasion at Veitongo.

Designer’s impression of the dialysis centre

The Minister of Health, Saia Piukala said during the ceremony that the centre is named after Siaosi Brown, a Tongan man who died while hiking Bell’s Canyon, US  in June 2017.

As Kaniva News reported at the time, Siaosi was a best friend of Rod Emam. Emam’s father and uncle have donated and funded the centre.

Tonga did not have dialysis centre which it forces people who sufferred from diabetes and renal failure to travel to overseas countries including New Zealand, Australia and the US for treatment.

The Ministry of Health chief executive Dr Reynold ‘Ofanoa said this morning about 75 percent of Tonga’s annual death rate had been due to non-communicable diseases.

He said 40 to 50 people need this dialysis service.

The groundbreaking ceremony today comes after years of negotiations, Dr ‘Ofanoa said.

As we  previously reported, a private company in Salt Lake City was partnering with Tonga’s Ministry Of Health. The US organization involved philanthropists who wanted to leave some of their money and wealth to charity.

Tongan young man dies of illness in Philippines hospital

By
Kaniva Staff
-

A Tongan full-time missionary of The Church of Jesus Christ of Latter-day Saints died last weekend in a Philippines hospital.

Papa Fe’iloakitau. Photo / The Church News

Elder Papa Fe’iloaki, 22, of Tonga, died Saturday, July 29. He had been admitted to the hospital earlier with a fever and pneumonia, passing away a short time later, reported Sam Penrod, Church spokesman.

The cause of Elder Fe’iloaki’s symptoms and death are still being determined, Penrod added.

The missionary’s death was first reported on ChurchofJesusChrist.org.

Serving in the Philippines Olongapo Mission at the time of his death, Elder Fe’iloaki had been a full-time missionary since June 2022.

“We express our deepest sympathies and love to Elder Fe’iloaki’s family and friends and to his fellow missionaries who have served at his side for the past 13 months,” Penrod said. “We pray each will feel the Savior’s comfort and strength during this difficult time.”

PSC’s dismissal of Foreign Affairs Deputy Secretary was unlawful, Supreme Court rules

By
Philip Cass
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