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Nursing Council suspends Tongan nurse’s licence, accuses her of endangering children

By
Philip Cass
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Tongan nurse Vaiola Ha’unga has been accused of risking the health of children in her care.

Ha’unga was accused of continuing to work, even though her practising certificate had been suspended.

The New Zealand Herald reported that she had been the subject of two charges of  professional misconduct.

The first charge related to Ha’unga working as a public health nurse in the Early Childhood Health Team at Starship Community Services, within the former Auckland District Health Board, now Te Whatu Ora Te Toka Tumai Auckland.

She worked with children from high needs families for five years to 2018.

She was found to have failed to meet one or more nursing competencies including documentation, case management, and clinical competence, and failing to undertake one or more essential components of the Well Child/Tamariki Ora programme when ought to have known these were required.

Between October 2018 and March 2020 Ha’unga worked as a nurse in Wellington when her practising certificate had been suspended. This amounted to professional misconduct.

Ha’unga began working at the Starship Community with patients aged from four weeks to five years old. In 2017  concerns were raised about her cases related to documentation, case management and aspects of her clinical care.

She was placed on a series of support programmes and in 2018 was stood down on full pay during an investigation of serious concerns about her competence and conduct.

A supervisor said Ha’unga was unable to “consistently apply knowledge to practice”.

The statement also noted that six children assigned to Ha’unga had never been seen by her.

Ha’unga resigned on May 3, 2018 – the day before she was due to attend a meeting to discuss the outcome of the investigation, but soon after she began working as a special clinical nurse for the Pacific Health Unit for inpatients at Wellington Hospital.

The Nursing Council was advised of the concerns around the nurse’s competency and professional conduct.

Two months later Ha’unga’s case was referred to a Professional Conduct Committee for investigation, but she did not take part.  The Nursing Council then suspended her practising certificate.

In February 2020 as the nurse director at Capital & Coast Health could not find her on the Nursing Council’s register. She rang the Nursing Council and was told the nurse’s practising certificate had been suspended in October 2018. Ha’unga resigned from her position at Capital and Coast DHB and did not return.

Haunga is listed on LinkedIn as having been as a Parish Community Nurse with the Tongan Health Society in Onehunga since 2006.

Her LinkedIn page describes the Parish Community Nursing service as a programme run by the Auckland District Health Board in collaboration with Pacific Churches in Central Auckland to improve their health and well-being.

She is listed as holding a Post Graduate Diploma in Public Health from the University of Auckland and a Bachelor of Health science in Nursing from Manukau Institute of Technology. She also studied for a Master’s of Nursing at Massey University.

For more information

Auckland Starship hospital nurse Vailola Ha’unga struck off, censured for professional misconduct

Covid-19: Person in 20s among 66 deaths, cases steady

By
Kaniva Staff
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‘Oku taupotu ‘i lalo ha fakamatala fakaTonga

There have been 11,739 new Covid-19 infections reported in New Zealand over the past week.

The numbers cover the week from Monday, May 8 to Sunday, May 14.

As at midnight Sunday there were 247 people in hospital with the virus.

Six people were in an intensive care unit as at midnight Sunday.

Sixty-six people with the virus have died.

One was in their 20s, two were in their 50s, eight were in their 60s, 20 were in their 70s, 21 were in their 80s and 14 were aged over 90.

Forty were women and 26 were men.

Of the 66 deaths reported, 13 were from Canterbury, 11 were from Auckland, 10 were from the Southern District, seven each were from Waikato and Wellington, four each were from Bay of Plenty and the Lakes District, three were from Nelson Marlborough, two each were from Northland, the MidCentral District and Whanganui, and one was from an unknown location.

The total number of deaths confirmed as attributable to Covid-19, either as the underlying cause of death or as a contributing factor, is 2850.

FAKAMATALA FAKATONGA

Na’e lipooti ‘i Nu’u Sila ha keisi fo’ou ‘o e Koviti ‘e 11,739 ‘i he uike kuo osi.

Ko e fika ‘eni lele mei he Monite ‘aho 8 ‘o Mee ki he ‘aho 14 ‘o Mee. I he’ene a’u mai ki he tu’uapo Sapate ne fe’unga mo e kakai ‘e toko 247 ne ‘i fale mahaki tupu mei he vailasi.

Ne ‘i ai ‘a e toko ono ‘i he ‘initenisivikea. Ko e toko 66 ne nau mate i he vailasi. Tokotaha ne i hono  20 tupu , toko ua he 50t pea toko valu he 60t, 20 he 70t 21 he 80t pea toko 14 he 90t. Toko 40 ko e kakai fefine pea toko 26 kakai tangata.

I he kau mate ‘e toko 66 ko e 13 mei  Canterbury, 11 Auckland, 10 Southern District, fitu Waikato mo Wellington, taki fa a e  Bay of Plenty mo   Lakes District, tolu mei Nelson Marlborough, taki ua mei  Northland, mo e  MidCentral District pea mo Whanganui, pea toko taha ikai ilo feitu’u mei ai.

Ko e tokolahi fakakatoa ‘o e kau mate e toko 2850 ne fakapapau’i ko e tupu mei he Koviti 19 pe ko e uhi ne ‘i ai hanau mahaki tauhi  pe ne hoko ‘a e Koviti ke mate ai.

‘American Idol’ has revealed its top 3 singers

By
Kalino Latu
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By Lottie Elizabeth Johnson of Yahoo.com

Who are the top 3 singers on ‘American Idol’ 2023?

Iam Tongi

Iam Tongi

Iam Tongi’s “American Idol” audition is the most viewed of the season — by a landslide. Posted just over two months ago, it already has 15 million views on YouTube. For his audition, 18-year-old Tongi, who is from Hawaii, performed “Monsters” by James Blunt and dedicated the performance to his father, who died a couple of months before the audition.

With emotion, Tongi told the “Idol” judges that his father was the reason he got into music. He carried his emotion into his performance, and had judges Lionel Richie and Luke Bryan crying with his rendition of the song.

Tongi choked up as he reached his last note — but he had already convinced the judges that he would be a strong contender in the “Idol” competition.

“You hit a nerve, and that’s what great storytellers do,” Katy Perry said. “That’s what great artists do, and your voice is just so magnificent.”

“I cannot handle your heart breaking about your dad,” Bryan added. “Just seeing you missing your dad just sucks. Gosh, man, you just got a great voice. … You just did everything perfect, and I love you.”

“You take this into the world and you’re going to fracture some souls,” Richie said.

After the audition, Tongi spoke with producers about how he and his dad bonded over music, and how his dad had long wanted him to audition for “American Idol.”

“People thought I cry because I miss him, but it’s ’cause I hear him singing — I can hear his harmony,” Tongi said. “I know he’s with me. Through my music he’ll always be with me.”

Megan Danielle

Megan Danielle, a 20-year-old singer from Georgia, got the surprise of a lifetime when she auditioned for “Idol” with Lauren Daigle’s “You Say”: Daigle, who previously competed on “Idol,” ended up joining her audition and singing along.

During her audition, Danielle, who works at a Southern restaurant with her mom, told the “Idol” judges that she had a band when she was 18 and would frequently perform in bars. But one day, she said, her grandfather pulled her aside and asked her how she could use her talent to serve God, and the singer decided to make a switch to performing Christian music.

With Daigle at her side, Danielle received feedback from the judges, who praised her authenticity. Bryan, specifically, said Danielle had “a real honest rawness.”

Danielle previously competed on “The Voice,” getting eliminated during the semifinals on Season 18.

Colin Stough

From a small town in Mississippi, 18-year-old Colin Stough made it to the “Idol” judges for one main reason: His mom signed him up to audition for the show.

Stough — who hopes to put the small town of Gattman, Mississippi, on the map — wowed all of the judges with his rendition of Lynyrd Skynyrd’s “Simple Man.” His mom, who was standing outside of the room during the performance, then came in and told the judges a little more about her son. She said Stough asked for his first guitar when he was in the fifth grade — and now their house is overflowing with guitars.

All of the judges thanked Stough’s mother for signing her son up.

“Colin is exactly what we hope and dream for at ‘American Idol,’” Bryan said. “Somebody that’s just raw, real, humble.”

Who got eliminated on ‘American Idol’ 2023?

Singers We Ani — who placed third on Season 11 of “The Voice” — and Zachariah Smith were eliminated Sunday night. “American Idol” will reveal this season’s winner during the finale, which airs May 21 at 6 p.m. MDT.

1 dead after 2-car crash in South Auckland

By
Kaniva Staff
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One person has died and four others have been injured following a two-car crash in South Auckland this evening.

St John Ambulance . Photo/Kalino Lātū

Police say they were called to the scene on Great South Rd, in Ōtāhuhu, around 7.40pm.

One person died at the scene.

Three others were critically injured in the crash, while one sustained moderate injuries.

They have since been taken to hospital.

Inquiries into the circumstances of the crash are ongoing.

Call for Tongans in America to vote for singer Iam Tongi in next round of American Idol

By
Kalino Latu
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A Hawai’ian academic has called on Tongans to vote for Iam Tongi in the next round of American Idol.

Professor Tēvita O. Ka’ili has also supported a special show for Tongi scheduled for next week as part of the Tongan community’s support for the young singer’s performance in the American Idol final.

Iam Tongi.

Although he is from Hawai’i, Tongi’s mother Lillie comes from Tonga. Her father ‘Uluamu came from Mu’a, Tatakamotonga.

Tongi, 18, was born and raised on the island of Oahu. He currently lives in Seattle.

His father Rodney, also half Tongan, died a few months before his audition for the American talent show. Rodney’s father came from Ha’ateiho. Tongi credits his father for getting him into music.

He says he can hear his father singing.

He is now in the Top 5 of American Idol.

He recently sang at Disney’s Aulani Resort and Spa in Ko Olina, and received praise from judges Lionel Richie, Katy Perry, and Luke Bryan.

“I always dreamed about performing on a big stage in front of a lot of people,” Tongi said.

“This means a lot.”

An American entertainment gossip sites claims Tongi, who is still at high school, has more than 200,000 followers on Instagram and  336,000 followers on TikTok. His videos have racked up more than 1.2 million likes.

He had previously auditioned for American Idol, but did not progress any further.

Voting on Sunday May 14 during live show

8pm ET / 5pm PT.

2:00 pm – Hawaiʻi

5:00 pm – California, Washington, Nevada

7:00 pm – Texas

6:00 pm – Utah

Pasifika overstayer detained after dawn raid granted temporary visa

By
Kaniva Staff
-

By RNZ.co.nz

A Pasifika overstayer who was detained after a dawn raid in South Auckland last month has been granted a temporary visa and will no longer be deported.

Immigration Minister Michael Wood this week confirmed he had sent a letter of expectations to the agency’s chief executive “setting out the Government’s expectation that these sorts of deportations should only occur in extremis – in circumstances that absolutely require it”. Photo/Supplied

The man’s lawyer, Soane Foliaki, said police showed up at the man’s home at 5am, scaring his children and taking him into custody – and though Immigration NZ disputed the timing, it admitted the early morning raid was not a one-off.

Two years ago the government apologised for the infamous dawn raids of the 1970s.

The man’s lawyer, Soane Foliaki, said associate Immigration Minister Rachel Brooking reviewed the case and approved the temporary visa on Thursday.

It means the man is now eligible to apply for residency.

“We’re grateful for that. What it does is allows him to file a formal application for residency based on his marriage and his family.”

Foliaki said the man would need to prove to the minister that he was in a genuine and stable relationship, in order to be granted residence, and “he is well beyond that”.

The man was relieved to be granted a temporary visa, he said.

“Over the top. Really really happy. His issue became kind of political being a dawn raid but he’s only aware of that to a particular limit,” Foliaki said.

“It’s become bigger than him but for him personally and his family they’re really happy. All he ever wanted was to go to work, he’s a construction worker, and provide for his family and live peacefully here in New Zealand.”

The temporary visa had come through “really by political pressure”, he said.

Immigration New Zealand has been approached for comment.

Foliaki said the man was detained for three days and two nights at Manukau Police Station before being released hours before he was due to be deported.

“It’s not a nice place for somebody who’s not a criminal.”

The dawn raid caused the man and his family unnecessary harm, he said.

Immigration New Zealand has launched a review into what it calls ‘out of hours compliance visits’ and paused all such operations until the review has been completed.

Supreme Court hands down 12 year sentence after man pleads guilty to manslaughter

By
Philip Cass
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Siosifa Vailima Tuita, 52, has been sentenced to 12 years in prison for the manslaughter of his twin sister.

Tuita appeared before Lord Chief Justice Whitten in the Supreme Court.

‘Alisi Tuita. Photo/Supplied

The sentence has been backdated to March 7, 2022 when the Defendant was remanded in custody. 

The final two years of the sentence have  been suspended for a period of two years from the date of the Defendant’s release from prison on condition that the prisoner comply with certain directions of the court.

On the morning of Saturday, 5 March 2022, ‘Alilia Lolohea was at her residence in Falaleu, Vava’u. She lived next door to Tuita and his twin sister, ‘Alisi Tuita. At around 7.35 am ‘Alilia heard a loud cry coming from the Tuita residence. When she got up and opened the door of her residence, ‘Alilia saw Iosifa, who was shirtless, running away from his housee.  ‘Alilia then walked to the fence of her property where she saw ‘Alisi lying on her verandah floor.

She and a neighbour summoned the Town Officer, Simoneti Toko, and asked for his help. Simoneti found ‘Alisi lying face down close to the door to the living room, in a pool of blood and with a knife lodged in her head.

By this time, Iosifa Tuita  had gone to the Neiafu Police Station where he spoke with Sergeant Fe’aomoeata. As a result, police attended the residence where they found ‘Alisi’s body and rushed her to hospital. 

Dr Mosese Taumoepeau examined the body and found that ‘Alisi died at 7.50 am, from a total of nine stab wounds to her chest causing aortic rupture, armpit, back, abdomen and her head where the knife was about five centimetres into her skull.

On  October 17, 2022, Tuita  appeared before Judge Cooper who noted that the accused had a history of mental health problems and that in those circumstances, it was imperative to understand whether the Defendant was fit to enter a plea.

Tuita made a statement in which he said he said he did not remember doing anything with a knife; that there was a struggle on the front verandah of their house; that his sister fell down and became injured; but did not know how she got her injuries.

Judge Cooper gave directions for a psychiatric assessment by Dr Mapa Puloka as to whether the Defendant was legally insane, as defined by s 17, at the time of the offending. 

Dr Puloka reported that the defendant had a long history of alcohol and drug abuse. He began experiencing hallucinations in 2015 and his continued substance abuse led to psychosis, paranoia, and other bizarre behaviours.

He had been admitted to the Vaiola psychiatric unit on a number of occasions.

Tuita told Dr Puloka that on the day in question he arose early and was doing some domestic chores when his sister scolded him for making noise and for his past drunkenness. She threatened to report him to the police and said he would be sent back to the psychiatric unit in Tongatapu.

This made him angry and he picked up a knife and attacked his sister, chasing her as she ran towards the door. He only remembered inflicting two of the nine stab wounds reported by Dr Taumoepeau;

He ran to the police station and told officers that his sister was hurt and that he had stabbed her.

He said he did not intend to kill his sister, only hurt her. 

Dr Puloka gave as his opinion that Tuita was suffering from a mental and behavioural disorder due to use of drugs and other psychoactive substances. He said it was unlikely that he was insane during the commission of the offence;

However, his alcohol addiction and chronic brain disorder substantially impaired his mental responsibility for his acts in the killing. His drug related psychiatric or mental disorder and recurrent depressive moods were within the meaning of diminished responsibility during the time of the commission of the offence. Tuita was fit to stand trial. 

Tuita later said he would plead guilty to the charge of manslaughter.

In response Lord Chief Justice Whitten said that in his opinion, a defence of diminished responsibility was not actually available under Tongan law and suggested that Parliament consider changing the Criminal Offences Act to include a partial defence of diminished responsibility.

However,  the court was advised that following instructions from the Attorney-General, the Crown maintained its acceptance of a guilty plea to the manslaughter charge, principally because, on the evidence, there would be “difficulty in proving the mental element for reckless murder”, and as such, there was “little to no reasonable prospect” of obtaining a conviction for murder.

In sentencing Tuita, Lord Chief Justice Whitten said he would reduce some of the sentence because of the defendant’s mental disorder.  However, he said it was not clear what, if any, part the addiction related disorder played in the offending.

“It is even less clear as to whether it would have occurred at all had the Defendant not been so afflicted,” the judge said.

“The Defendant is to be allowed a discount for his guilty plea to manslaughter. I also take into account that but for Cooper J’s astute intervention, the Defendant was prepared to plead, without legal advice or representation, guilty to murder.

“In that regard, I commend this case to Government as yet another example of the potential for travesties of justice resulting from a lack of a full legal aid service, particularly for serious criminal prosecutions”   

COMMENTARY: Tongan overstayers should be seen as refugees from an economic war against ordinary people

By
Kalino Latu
-

COMMENTARY: The New Zealand government should treat Tongan overstayers as people fleeing economic war and persecution.

Decades of corruption and mismanagement have led people to flee to New Zealand looking for a better life. Often, because of the way land is owned by the nobility. They have nothing to go back to.

Deputy PM Carmel Sepuloni is being questioned by the media after a public meeting that included government ministers and community leaders following an incident recently that was reminiscent of the Dawn Raids of the 1970s. Photo/John Pulu

Kaniva News does not condone law breaking, but in many cases those who overstay are really in the same position as those fleeing war or persecution. In this case it is an economic war against ordinary people and persecution by a corrupt system that favours the rich and powerful.

The dawn raids of the 1970s were a black page in New Zealand’s history and to see them again is deeply disturbing. The most recent case triggered outrage in New Zealand’s Tongan community whose members were upset by reports that children had been traumatised  by the early morning attack.

Immigration New Zealand called the raid an “out of hours immigration compliance visit.”

Tongan community leader Pakilau Manase Lua told a public meeting called after the latest incident: “We are crying for our dawn raiders, we are still being dawn raided.”

Such behaviour by police flies in the face of the Labour Party’s claims that its Children and Families policy puts “the wellbeing of children at the centre of everything we do.”

The dawn raids are uncivilised,  inhumane and have no place in New Zealand when human rights are at the core of everything we do to eliminate violence against human beings. They should be scrapped.

READ MORE

New Zealand has a long history of offering a safe home to people fleeing war or persecution especially from the Middle East. Under its Ethnic Communities policy the Labour government has increased the refugee quota to 1,500 places per year and has boosted support to refugee communities already in Aotearoa, helping people reunite with family and supporting their settlement.

The government should re-examine the case of Tongans who come to this country and treat them as refugees. Although they have not fled a physical war or persecution in Tonga, in reality, years of corrupt behaviour by Tongan leaders has traumatised our people.

There is no Ministry of Social Development in Tonga, meaning there is no government help for the people living at the grassroots level. Jobs are scarce and the only reliable financial assistance available is the remittances sent from the kāinga in New Zealand and other countries to Tonga.

Yet while many of the kingdom’s 105,000 people live in poverty, the  king is given a budget of about $TP5 million a year from taxpayers’ money. Each noble is given a salary of more than  $TP20,000 a year, something  that has been criticised for years because there is no job description to justify the Treasury paying out these salaries. The nobles are  paid just for being nobles.

Tonga’s political system and constitution have been described by a Commonwealth Lawyer as the worst among all the Commonwealth countries. A poor constitution allows corruption and abuses of power by government leaders. It brings untold moral harm at the grassroots level.  

Ordinary Tongans have seen classic examples of these abuses such as the transfer of tens of millions of pa’anga from a Chinese payment to Princess Pilolevu’s Tongasat company, condemned as illegal by the Supreme Court.

The former government of the late Pohiva Tu’i’onetoa  was accused of creating its own multi-million roading project just to please some of his Cabinet Ministers who helped him win the premiership election. That roading project was estimated to cost $TP$400 million. It was heavily criticised, with many saying the budget would devastate Tonga’s annual national budgets, which relies heavily on overseas donations, for years. However,  Tu’i’onetoa went ahead and approved it and that was his constitutional right to do so.

Some abuses and examples of questionable behaviour go back decades, such as the fate of the $TP119 million loan from China to rebuild Nuku’alofa after the 2006 riots. Critics said that the amount of the loan was imprudent and would burden taxpayers for ages. It was estimated by some economists that the loan should have only be $TP20-30 million. The then Prime Minister Sevele was later accused of not re-paying the money he used to rebuild his business which was burnt down in the disturbances.

About 30 percent of the land in Tonga is controlled by the nobility and the king. This means that most people living on these lands do not legally own them. They are obliged to donate to the nobility from time to time and in some cases, some people have been evicted when they have not donated.

Ordinary Tongans are facing an economic war and persecution and this is why many have overstayed their visas in New Zealand. They do not want to go back and face this war. Rather than stage dawn raids, the New Zealand government should help them.

For more information

‘We’re still being dawn raided’, Tongan leader tells emotional public meeting

‘We’re still being dawn raided’, Tongan leader tells emotional public meeting

Body found at Whangārei caves during search for missing student

By
Kaniva Staff
-

By RNZ.co.nz

Searchers have recovered a body at Abbey Caves in Northland where a student was missing after a school trip during bad weather on Tuesday.

Northland District Commander Superintendent Tony Hill announced the discovery of the body shortly before 6.30am today.

He said the body was found late on Tuesday night after police continued the search using specialist equipment brought up from Auckland.

The Year 11 student from Whangārei Boys’ High School went missing during a trip in to the caves with a school party.

The search for the missing student had been expected to conclude around 5pm yesterday, however, the equipment meant it could continue into the evening, Hill said.

“This helped enable searchers to locate a body, which was successfully recovered late yesterday evening. As such, the search has now concluded,” Hill said.

“While formal ID of the body is yet to take place, police are ensuring the family is being offered support, and our thoughts remain with them at this tragic time.”

Some cordons will remain in place around the caves area while police continued to conduct a routine scene examination, he said.

“We acknowledge this event has been very distressing for the school and wider community, and that there are a number of questions the public will have.

“At the moment, police’s focus is on supporting those affected, and we remind people to please not make assumptions as to what has occurred.”

A security guard at the entrance to Abbey Caves, Northland, where a body was recovered during a search for a Year 11 student from Whangārei Boys' High School missing on a trip into the caves with a school party.

A security guard was at the site on Wednesday morning. Photo: RNZ / Tom Taylor

Fourteen other students and two adults reported being in trouble around 10.30am on Tuesday but made it out of the caves to safety, where they helped by search and rescue teams and St John Ambulance.

‘Cloak of aroha around the whānau’

Ngāti Kahu o Torongare me Ngā Hapū o Whangārei has placed a rāhui at the caves.

Hapū kaikōrero Hūhana Lyndon was at the site on Tuesday evening for prayer and to offer support to the family.

“We received the call that our tamaiti had been found, and so made our way over with our kaumātua to meet the whānau and to support them as well as all of those kaimahi who worked tirelessly through the day to find him.

“All the emergency support services were united in aroha and grief for our whānau as they came through at the same time as us, once word was received that they had found him.

“It was terribly sad and a horrific situation but being there and united in that aroha manaaki for our whānau at that time certainly gave us strength for today and for the days to come.

“It’s a special tribute to the way with which New Zealand police, search and rescue, all of those support services were there and wrapped a cloak of aroha around the whānau.”

Hapū members had also earlier in the day been with the family as they suffered the grief of not knowing what would happen, she said.

“The wairua does settle once you know that you have your boy back.”

Aroha was extended to all the boys who were found and their families and their distress, as well as the staff who were also deeply affected.

“It’s really important to us to manaaki all, to all those affected.

“Our kaumātua are with the school this morning, they assembled early with school leadership as part of what is our approach for managing the emotions and supporting the school culturally and spiritually.”

Kaumātua would help lead in protecting and strengthening the spiritual integrity of the school community, and the Ministry of Education and Victim Support would be sending help, Lyndon said.

The family followed their boy to the hospital after he was recovered from the caves, she said. They needed time and space for themselves and for the wider whānau to be advised.

In a statement yesterday, Whangārei Boys High School principal Karen Gilbert-Smith promised a full investigation into the trip would be held.

The Ministry of Education North leader Isabel Evans said the ministry’s traumatic incident team was at the school to give support, and any investigation would be carried out by the appropriate agency or agencies.

Supreme Court sentences man for attack designed to ‘unleash hate and pure harm’

By
Philip Cass
-

A man has been convicted in the Supreme Court of serious indecent assault and online abuse.

‘Ofa ‘Alifelei, 32,  appeared before Lord Chief Justice Whitten  for sentencing on one count of serious indecent assault contrary to ss 124(3) of the Criminal Offences Act; and a second charge of using a service to abuse and cause harm by posting an electronic communication contrary to Section 4 of the Electronic Communication Abuse Offences Act 2020.

On July 1, 2022, ‘Alifeleti asked the woman he assaulted out for drinks with a friend Sioeli. The woman is a 24-year-old female from Pangaimotu, Vava’u.  They were joined by another person.

During the evening the accused intercepted a phone call from a man on the woman’s mobile. That night he punched her, struck her with a stick and tried to hit her on the head with a piece of timber.

He later photographed her naked and performed sexual acts on her.

The Defendant then took the Complainant into his house and left her inside his room. He threatened that if she escaped, he would find her and shoot her with his gun.

After he left, the woman was able to call her aunt who alerted the police. ‘Alifelei  was arrested and the woman was taken to hospital.  She sustained swelling over her scalp, a bruise to her right eye, and a fracture to her left forearm.

‘Alifelei was originally charged with, and pleaded not guilty to, [1] causing serious bodily harm; [2] serious indecent assault; [3] using a service to abuse and cause harm by posting an electronic communication; and [4] unlawful imprisonment. 

At the beginning of his trial in Vava’u on March 13, the Defendant was rearraigned, whereupon he pleaded guilty to counts two and three and not guilty to counts one and four. The Crown accepted the guilty pleas in discharge of the indictment. 

Lord Chief Justice Whitten described the indecent assaults as “not committed to fulfil a sexual desire, but instead to unleash hate, and pure harm to the victim.”

He said the assaults “highly demoralised the victim and her family.”

He described them as the product of” intoxicated, emotional immaturity.”

The court was told that ‘Alifelei  was educated to Form 4, but was uninterested in school.  His siblings had all moved away and he lived in the family home alone.  He earned money by selling crops and kava grown on his plantation.

The Leimatu’a Town Officer described the Defendant as an introverted loner who, much like the other men in his family, did not take part in community activities or attend faikava gatherings where he could socialise with people his age.  

‘Alifelei told his probation officer that the victim was his de-facto partner.  She and her two young children from her previous marriage moved in and lived with the Defendant in his home. Since last year, the two had been inseparable. However, he believed the woman was also having an affair with a man from her neighbour’s family.

In September last year ‘Alifelei and the woman he assaulted signed an agreement whereby he paid her TP$1000 in exchange for her dropping the charges. However, the Magistrate refused the application to cancel the charges because the woman’s family did not agree.

‘Alifelei has no previous convictions.

Lord Chief Justice Whitten sentenced ‘Alifelei to a total of two and-a-half years in prison. The final 12 months of the sentence is to be suspended for a period of two years from the date of the Defendant’s release.

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