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Rogue car dealer given suspended prison sentence in Tongatapu

06/07/2021

Notorious car trader Filimone To’aho has been given a two-year suspended jail sentence after he failed to deliver 20 vehicles promised to be imported under the ownership of the owner of a finance company.

To’aho, 40, had borrowed TOP$17,767.81 to purchase the motor vehicles from Japan.

As security, he pledged ownership of the vehicles in favour of the complainant.

To’aho agreed to sell the vehicles, save for two which were to be retained by the complainant, repay the loan from the proceeds of the sales and retain the balance. The complainant agreed.

Accordingly, on 3 November 2017, the complainant arranged for a telegraphic transfer of the funds to SBT Japan.

By March 2018, the complainant had not received the vehicles. Tao’aho told the complainant that the ship had been delayed. However, later that same month, an associate of the convict informed the complainant that the vehicles in question had arrived from Japan but that To’aho had sold them to other car dealerships.

A representative of the shipping company confirmed that the Defendant had changed the ownership of the 20 vehicles from the complainant to two other car dealerships. When confronted, To’aho purported to explain that he had changed the ownership of the vehicles to the other dealerships because the complainant had not advanced all the money he 2 requested . The complainant refuted that explanation and told the Defendant that if she could not receive her vehicles, she wanted her money back.

He was convicted by Chief Justice Whitten of theft and is sentenced to 12 months’ imprisonment.

The sentence is to be fully suspended for a period of 2 years from this day, on the following conditions, namely, that during the period of suspension, To’aho is to:

(a) not commit any offence punishable by imprisonment;

(b) be placed on probation;

(d) perform 60 hours of community service as directed by his probation officer;

and

(e) pay the complainant (by payment into court) the remaining balance of $2,924.56 by 30 July 2021 .

“Failure to comply with any of the above conditions may result in the suspension being rescinded, in which case, the Defendant will be required to serve the balance of his sentence”.

Presentence report

His presentence report said To’aho is the second eldest of five children . He was raised in a good family. Both his parents were primary school teachers. He was well educated and received a diploma in teaching.

To’aho is no stranger to car trading controversy and court.

He previously appeared in court after he reportedly failed to deliver eight vehicles purchased by a customer.

in that case, To’aho of Tokomololo and co-accused Lesieli Langi were jointly charged with criminal conspiracy with intent to defraud $17,767.81 after the customer did not received the vehicles in November 2017.

As Kaniva news reported in 2016, the Holonga Vavaʻu Development Committee did not receive their TP$23,000 refund from Toʻaho and his Super Cheap car dealership despite a court order.

The money was paid after Super Cheap promised it would provide a passenger bus bought by the Committee.

FAKAMATALA FAKATONGA

Kuo tautea’i ‘e he ‘Eiki Fakamaau Lahi’ ‘a Filimone To’aho ta’u 40 ‘a ia kuo ‘iloa ki hono kākaa’i ‘o e kakai’ ‘i he mala’e ‘o e fakatau me’alele’ ke ne ngāue pōpula māhina 12 kae toloi kakato ‘i he ta’u ‘e ua. Ko e tautea ‘eni hili ‘ene alea mo ha kautaha nō ke ‘oange ‘a e pa’anga ‘e TOP$17,767.81 ka ne hu mai ‘a e me’alele ‘e 20 mei Siapani ‘i he hingoa ‘o e tokotaha ‘a’ana ‘a e kautaha noo’. Ne kei tali e tokotaha ko ‘eni ki he alea ta ko ē kuo ‘osi tu’uta ‘i Tonga ‘a e ‘ū me’alele kae liliu ‘e To’aho ia ‘a e ‘ounasipi’ ‘o fakatau ‘e ia ki he tila kehe ‘a e ‘ū me’alele’ ni. ‘Oku ‘ikai ko ha’ane toki hā ‘eni ‘i he fakamaau’anga’ fekau’aki mo ‘ene ta’efaitotonu ‘i he alea fakatau me’alele’.

Sentencing focuses attention on calls for full investigation into PM’s relationship with criminal couple

Kalino Latu

06/07/2021

Why has nothing been done to remove ‘AKosita Lavulavu from office and why does her husband appear to wield so much influence over the Prime Minister, even though he was thrown out of Parliament for breaching the electoral law?

In the wake of their sentencing last Friday, the relationship between the Lavulavus and Prime Minister Pōhiva Tuʻiʻonetoa has come under even closer scrutiny.

Now veteran Tongan journalist Kalafi Moala has raised concerns about the need for a proper investigation.

Condemned by the Supreme Court as dishonest and deceitful, ‘Akosita and ‘Etuate Lavulavu have been sentenced to five and six years respectively for their part in a sustained fraud.

Judge Cooper, presiding, described their crime as “the worst sort of dishonesty.”

“The conduct of these defendants would be disgraceful in anyone, but for a member of cabinet, and a man who used his political connections and position to facilitate these frauds, goes beyond just criminally reprehensible,” he said.

Unlike former Democrat Prime Minister ‘Akilisi Pohiva, who fired ‘Akosita from Cabinet as soon as she was charged, Tuʻiʻonetoa has done nothing, claiming he does not have the constitutional power to get rid of her.

As Kaniva News has pointed out time and again, that is simply not true.

The disgraced Cabinet Minister has remained on full pay the whole time.

Meanwhile, her husband ‘Etuate, who she replaced as Member for Vava’u 16 after he was kicked out of Parliament for bribery, continues to have a close relationship with the Prime Minister.

Moala said last year Tu’i’onetoa relied heavily on ‘Etuate for ideas of how to run the government.

He described ‘Etuate as the most influential official from the ruling party and the main influence on the Prime Minister.

Now he has raised the question of the need for a proper investigation into Tu’i’onetoa‘s relationship with the Lavulavus.

(L-R) Prime Minister Pōhiva Tu’i’onetoa and Tourism Minister Akosita Lavulavu

“Questions are raised concerning the huge multi-million pa’anga road projects the Prime Minister and ‘Etuate Lavulavu are involved in,” Moala wrote.

“The Ministry of Infrastructure under ‘Akosita handles all the multimillion infrastructural projects including roadworks and major constructions.”

Moala also said the Prime Minister had ignored the ruling of Justice Cooper and defended the couple in several speeches.

Disgraced

The disgraced former MP was criticised for appearing to act as a spokesman for the Prime Minister, even though he holds no official government office.

Early last year there were complaints in Vava’u after he interfered during parliamentary meetings in Leimātu’a and Hahake districts.

At the end of last year he accompanied the Prime Minister and Cabinet Members on their grand procession for prayer and fasting around the kingdom, speaking for the government apparently even making fun of the Prime Minister.

Lavulavu is known by the title “engineer” in some circles for his role in creating the People’s Party and persuading some Democrat MPs to abandon the late ‘Akilisi Pohiva’s party and join Tu’i’onetoa.

‘Etuate is regarded as having been instrumental in devising the government’s controversial multi-million roading policy. Contracts for the project went to companies with strong links to the government.

Apart from an earlier conviction in the United States, ‘Etuate is also facing a lawsuit after he was accused of forging a landlord’s signature in Vava’u from whom he leased land.

In 2000 he was sued by Late Prince Tu’ipelehake for damages and unlawful cultivation of his land. Chief Justice Ward ordered Lavulavu to quit the land and pay $7,905 damages. Chief Justice Ward was scathing about aspects of Lavulavu’s testimony during the trial, saying: “I felt he was willing to say almost anything that seemed to suit the moment with a repeated disregard for the truth.”

FAKAMATALA FAKATONGA

Ko e fehu’i mahu’inga ia ‘oku ‘eke’i he taimi ni’ pe ko e hā ko ā kuo fu’u pipiki pehē fau ai ‘a e palēmia ‘i he ongo Lavulavu kuo mahino ‘ena kaiha’asi ‘a e pa’anga ‘a e fonua’ pea ko e hia mamafa ia? ‘Oku loloto ange hoha’a ko ‘eni he mahino ne ‘ikai tuku ha ivi ‘o e palēmia’ he’ene taukapo’i e totonu ‘a Akosita ‘aki e kupu 23. A’u ‘o tangi mai he letioo’ pea mo ne tukuaki’i e ngaahi ako siasi hange ne nau fai e hia tatau mo e ongo Lavulavu ki he pa’anga tokoni ‘a e pule’anga’ ki he ngaahi ako’anga’. Pea ne mei hua pe ia kapau ne ‘ikai ha toe kupu te ne ‘oange hano mafai ke ne tuku ai ki tu’a ‘a Akosita. A ia ko e kupu 51(3)(a) pea ka fai ange ‘o iku ‘a Akosita ke ne ‘eke’i fakalao hono tuku ia ki tu’a ‘uhi ko e kupu 23 pea tuku ke ne ‘eke kae malu’i ‘e he palēmia ia mo e pule’anga ‘aki ‘a e kupu 51(3)(a) he ko ia pe na’a ne fili ke minisitaa’, lolotonga ne ne ‘ilo pe kuo faka’ilo ‘a Akosita, pea ‘oku fa’iteliha pe ia ke ne tuku ki tu’a. Kuo fakamatala’i mai ‘e he fakamaau lahi ‘a e lanu totonu ‘o Akosita ko e fefine ta’efaitotonu. Kae kei fakalaloa’i pe ia ‘e he palēmia’. Ko e lekooti ‘eni ‘i ha toe pule’anga’ ko e hū pe ‘a ha minisitā mei he kapineti’ ‘o hangatonu ‘o ngāue pōpula. Kuo fakatokanga mai ‘a Kalafi Moala kuo ‘i ai ‘a e ui ke fakatotolo’i ‘a e palēmia’ mo e ongo Lavulavu’ pea tautefito ki he mahina ‘e taha fakamuimui ne kei tuku pe ‘a Akosita ‘i he potungāue ki he ngāue lalahi lolotonga kuo mahino kuo na halaia pea te ne ngāue pōpula’. ‘Oku taau ke fai ‘a e fakatotolo ko ‘eni he kuo ‘ikai kei falala’ia ‘a e palēmia’ he lahi ‘ene ngaahi fakamatala ta’emo’oni kuo fafanga’aki ‘a e fonua’ fekau’aki mo e ngaahi tukuaki’i ‘o ia mo hono pule’anga’.

All Blacks crush Tonga 102-0, Ian Foster defends one-sided fixture

Kaniva Staff

05/07/2021

Winger Will Jordan scored five tries as the All Blacks opened their 2021 campaign with a record-equalling 102-0 trouncing of an inexperienced Tonga side on Saturday at Auckland’s Mount Smart Stadium.

Looking to make a statement after managing only a 50 per cent win record last year, New Zealand ran in 16 tries against a team boasting fewer combined test caps than All Blacks skipper Sam Whitelock alone.

Tonga, featuring 13 debutants in their matchday 23 after Covid-19 travel restrictions deprived them of their Europe-based players, were simply outgunned and outsmarted in a mismatch of a contest.

Beauden Barrett, back in the famous black shirt after a sabbatical in Japan, converted the final try after coming on as a replacement to equal the score in the mauling the Tongans suffered at Albany in 2000.

Jordan came up one short of the All Blacks record for most tries in one match, set by Marc Ellis in the 145-17 win over Japan at the 1995 World Cup in South Africa.

“It was good to get out there,” said Whitelock, who was playing his 123rd test.

“The Tongan team were here to play and it wasn’t easy out there.”

The All Blacks coach Ian Foster bristled at suggestions the one-sided test wasn’t good for either side and should never have been played.

Fans and pundits were largely in agreement the game was a poor look for international rugby, but Foster said he hoped the storyline would not be around how much of a gap there was between the two teams.

He said the Covid pandemic had made things more difficult for Tonga and was asked how the match could have been made a more even contest.

“Take away Covid, take away quarantining and add another month on the calendar for the world rugby thing. There is no solution to that right now,” Foster said.

“I’d be disappointed if that’s what we are dwelling on. We weren’t happy last year when we got no rugby. This year we’ve got some rugby. Clearly the itinerary has put Tonga in a compromised position, but they’ve been keen to play and deserve a lot of credit for that.

“I’d like think we aren’t just going to focus on the scoreline and say this was a game that shouldn’t have happened, because for the Tongan people it was an important game, and it was equally important for us to go out and start what could be a long year.

“In today’s environment you take what you can get.”

Fullback Damian McKenzie crossed for the first try in the second minute and, after Dalton Papalii had touched down and Will Jordan and Brad Weber had grabbed a brace each, the All Blacks were 38-0 up in the 20th minute.

Tonga managed to stem the torrent of tries temporarily by abandoning the tactic of kicking away possession but flanker Papalii grabbed his second try in the 37th minute to give the home side a 43-0 lead at the break.

No.8 Luke Jacobson crossed soon after the restart with winger Jordan and halfback Weber completing their hat-tricks before the 50th minute.

The Tongans, many fresh out of quarantine, started to tire and the All Blacks backs put on an exhibition with Richie Mo’unga crossing, Jordan adding his fourth and fifth tries and centre Rieko Ioane racing away to touch down.

Lock Patrick Tuipulotu burst through the defensive line to take the score into the 90s with three minutes remaining and winger George Bridge crossed on the overlap after the fulltime siren to take them to the century mark.

“We didn’t get the result tonight but I’m very proud of my brothers here,” said emotional Tonga captain Sonatane Takulua.

“This is all we can do, just give it our all.”

– RNZ/Reuters

Lavulavu couple appeal sentencing, lodge second bail bid after previous application refused

Kalino Latu

04/07/2021

The fraudster Lavulavu couple are reported to have appealed their six-year imprisonment sentencing after they have been sent to jail on Friday July 2.

‘Etuate Lavulavu (L), Akosita Lavulavu (second to left) are being led from the Supreme Court to a prison vehicle. Photo/VPON Media (Facebook)

A report by VPON Media said the appeal by Akosita and ‘Etuate Lavulavu had been lodged last week on Thursday 1.

The report said lawyers for the Lavulavu have also sought bail for the couple pending their appeal hearing.

It is understood the couple were previously refused request following their conviction to allow ‘Etuate to leave Tongatapu and travel to Vava’u.

READ MORE:

Lavulavu fraudsters: Akosita jailed for 5 years while ‘Etuate receives 6 year imprisonment term
OPINION: PM has greater discretion under Clause 51 to sack convicted Akosita Lavulavu than Clause 23 of Constitution
Lavulavus were in it together, judge says as he sentences ‘dishonest’ and ‘deceitful’ couple
Appeal Court dismisses Tongasat’s appeal to present evidence from former gov’t ministers

According to Tongan law, the Lavulavus could be granted bail if the court is satisfied that — there is a reasonable prospect of the appeal succeeding; the appeal is unlikely to be heard before the whole or a substantial portion of the sentence has been served; and there are substantial grounds for believing that, if released on bail (whether or not subject to conditions) he will surrender to custody without committing any offence whilst on bail.

The appeal by the Lavulavus came after the Appeal Court in 2019 refused Tongasat company’s application to present new evidence in an appeal against a decision handed down against it.

Tongasat – formally known as the Friendly Islands Satellite Telecommunications Ltd – appealed the judgment and asked the court for permission to produce new evidence.

New evidence can only be introduced if the court grants permission on special grounds.

However, the Court said none of the evidence was discovered for the first time after the trial.

“The role and involvement of the new witnesses was known in 2008 and 2011, the witnesses were living in Tonga and available to be interviewed here,” the Court report said.

The Tongasat appeal was therefore dismissed.

Lavulavu sentencing

Former Cabinet Minister and MP ‘Akosita has been sentenced to six years in prison.

However, the Supreme Court suspended the last 12 months of her sentence for two years on condition that she comply with the probation officer, satisfactorily complete a life skills course and commit no offence punishable by imprisonment.

Her husband, who has a long record of court appearances and convictions, will serve the full six years.

Both defendants were convicted on three counts of obtaining money by false pretences.

They were found guilty of fraudulently obtaining money from the Ministry of Education and Training by lying in applications for money from the Technical Vocational Educational Training Grant about the number of students enrolled at their private college, the ‘Unuaki ‘o Tonga Royal Institute.

Mr Justice Cooper, presiding, said, he utterly rejected their claims that the money was used for the Institute.

The judge said they could have been charged with theft.

The court was told the Lavulavus had committed a carefully executed fraud over several years that amounted to a serious breach of trust.

Mr Justice Cooper told the court a pre-sentence report on ‘Akosita said there had been no attempt to repay the money, that she still maintained her innocence and showed no remorse.

The judge said ‘Akosita had supplied false references, something the pre-sentence report described as “an act of dishonesty which further proves her true character.”

Mr Justice Cooper said ‘Etuate Lavulavu’s offences were not out of character and was known to be deceitful. He posed a risk of re-offending.

The judge said a pre-sentencing report on ‘Etuate found that he still denied the offences; showed no remorse, blamed the court for being biased and did not accept his guilt. He had offered to pay all the money back in exchange for a community penalty and being spared prison.

“Had either defendant admitted their guilt and repaid the monies, as they seemingly can afford to do, then I would have approached this sentence in a totally different way,” the judge said.

“Instead, Mr. Lavulavu offered what some might think sounds very much like a bribe to stay out of prison.”

The judge said he had taken into account all possible mitigating factors to keep the overall sentence as low as I possibly could.

“I thought long and hard about the submissions in relation to Mrs Lavulavu and her being a mother of young children,” Mr Justice Cooper said.

“I feel I am unable to lessen her sentence despite this. It could be argued that she deliberately put her children’s wellbeing in jeopardy with her course of criminal behaviour; some might argue that was an aggravating feature to do so, I do not see it that way, but I do not lessen her sentence for that.

“Both defendants were in this together and their sentences reflect this.”

FAKAMATALA FAKATONGA

Kuo ‘i ai ha lipooti ‘o pehē kuo tangi ‘a e ongo Lavulavu’ ‘i hona tautea ngāue pōpula taki ta’u ono ka ‘o ka hili pe ta’u ‘e nima pea ‘e ‘atā ‘a Akosita ‘o malu’i angalelei ia ‘i hono toenga ta’u ‘e taha’ ‘i ha toe ta’u makehe ‘e ua ‘oua na’a’ ne toe fakahoko ha hia ngāue pōpula. Taimi tatau ‘oku pehē ‘e he lipooti ko ‘eni ‘a e VPON ‘oku kole ‘a e ongo loea ma’a ‘Etuate mo Akosita’ ke peila pe tāuhi kinaua ki tu’a ke tali ai ‘ena tangi’. Ne na ‘osi kole peila ki mu’a ke faka’atā ‘a ‘ena fefolau’aki he ‘otu motu’ mo Tongatapu’ hili hono fakahalaia’i kinaua’ pea na’e ‘ikai tali ia ‘e he fakamaau’anga’. Ko e anga ‘eni e lau ‘a e lao ‘a Tonga’ ki he me’a ko e peila ‘o fakatatau ki he kupu 4B ‘o e lao peila’. ‘E ‘atā ki ha taha kuo tautea ke ngāue pōpula tu’unga ha’ane faihia ka kuo ne tangi ‘i hono tautea’ ke ne kole ki he fakamaau’anga’ ke peila pe tāuhi ia ki tu’a kae ‘oua leva ke mahino ‘ene tangi’. Ka ‘e makatu’unga pe hano tali ‘o e kole peila’ ‘okapau ‘e fiemālie ‘a e fakamaau’anga’ ngali ‘e ‘i ai ‘a e faingamālie ‘uhinga lelei ke ikuna ai ‘a e tangi ‘oku fai’, pe ngalingali ko e tangi’ ‘e ‘ikai fakahoko leva ki mu’a hano ngāue’i kakato pe konga lahi ‘o e tautea’ pea ‘oku ‘i ai ‘a e tui mālohi ka tuku ange ki tu’a ‘a e pōpula’ ‘e foki pe ‘iate ia ki he kau polisi’ hala ke ne toe fai ha hia lolotonga hono peila ia ki tu’a. Fekau’aki mo ha tangi ‘i ha tautea kuo ‘osi fakahoko ‘e tokoni ‘a e fakatamala ko ‘eni ki ai. Na’e tangi foki ‘a e Tongasat mo Pilinisesi Pilolevu ‘i he 2019 hili ‘a hono fakahā ‘e he Fakamaau lahi ‘aho ko ia’ kuo na halaia ki hono ma’u ta’etotonu ‘a e pa’anga $90 miliona Tonga ‘a e pule’anga’. ‘I he tangi ko ‘eni’ na’e fakamahino ai kuopau ke ‘i ai ha fakamo’oni fo’ou mo mahu’inga pea ko e fakamo’oni fo’ou ko ia na’e te’eki ‘o hake ia’ lolotonga e hopo ne iku fakahalaia’i ai ‘a e pilinisesi mo ‘ene kautaha’ kae lava ke tali ‘a e kole ke toe vakai’i ‘e he fakamaau’anga tangi ‘a e tangi ‘oku fai’. Ko e fakamo’oni fo’ou leva ne taku ‘e he Tongasat ko e pehē kuo nau toki ma’u hili enau halaia’ ko ha fuakava ‘a Looti Matoto mo Sunia Fili, ‘Aholotu Palu pea mo Dr ‘Aisake Eke. Na’e pehē leva ‘e he fakamaau’anga tangi ‘e tali pe ka ko ha fakamo’oni mātu’aki fo’ou ‘eni ‘i he ‘uhinga pe ‘e taha kapau na’e faingata’a fau ke lava ma’u ‘a e fakamo’oni ko ‘eni lolotonga ‘a e hopo ne fakahalaia’i ai ‘a e Tongasat mo e pilinisesi. Kae hili ‘enau vakai ki ai na’e pehē ‘e he kau fakamaau tangi, ko e fakamo’oni ko ‘eni kuo fakahū ange ‘e he Tongasat mo Pilolevu na’e hala ‘atā ke toki ma’u pe he hili ‘a e hopo’. Ko e fakamatala ‘a e kau fakamo’oni ko ‘eni ne ‘osi ‘i ai pe ia ‘i he 2008 mo e 2011 pea na’e ‘i Tonga pe kau tangata ko ‘eni ke nau omi ki fale hopo ‘o fakamatala ai ki he’enau fuakava lolotonga e lele ‘a e ‘uluaki hopo’. Pea na’e ‘ikai ha me’a fakalao ‘e taha ke ne ta’ofi kinautolu ke nau fakamo’oni he hopo ko ia’. Ko ia ai ne ‘ikai tali ia ke fakahoko ‘a e tangi ko ia’. ‘I hono fakahoa ‘eni ki he tangi ‘a e ongo Lavulavu ‘e ‘ikai mama’o ‘a e makatu’unga ko ‘eni’ mei ai’. Kuopau ke fakahū atu ‘e he ongo Lavulavu ‘a ‘ena fakamatala mo ha fakamo’oni mātu’aki fo’ou ‘aupito ke sio ki ai ‘a e fakamaau’anga tangi’. Pea kapau te nau tali ‘a e ngaahi mo’oni’i me’a fo’ou ko ia’ pea ‘e tali leva ke nau hoko atu ki ha hopo tangi. Pea ka ‘ikai fiemālie kau fakamaau tangi ki he ngaahi mo’oni’i me’a kuo fokotu’u atu ke fai ai ha hopo tangi, pea ko ‘ene leveleva’ ia.

Lavulavus were in it together, judge says as he sentences ‘dishonest’ and ‘deceitful’ couple

Kalino Latu

02/07/2021

Former Cabinet Minister and MP ‘Akosita Lavulavu has been sentenced to six years in prison.

Hon. ‘Akosita and her husband ‘Etuate Lavulavu