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PM Pōhiva defends his record on Tuvalu and West Papua; accuses former adviser of using biased sources

Prime Minister ‘Akilisi Pōhiva said the bravery of Tuvaluan people in fighting climate  change broke his heart and has called West Papuans “brothers and sisters.”

The Prime Minister was responding to comments made by his former media adviser and Tongan publisher Kalafi Moala.

Hon. Pōhiva was angered by accusations made by Moala in a Radio New Zealand report that the tears that he shed during the Pacific Island Forum Leaders Retreat in Tuvalu were insincere.

The Prime Minister denied that he was a hypocrite who had expressed “sympathy for people of another country while he cannot sympathise with those in his own nation who suffer from natural disasters.”

Clash

Moala and Pōhiva, who once campaigned for democracy together, have a tempestuous relationship.

In 2017 Moala used the front page of Taimi ‘o Tonga newspaper, which he then published, to call on Hon. Pōhiva to step down because of incompetence and accused him of making false promises of good governance and transparency.

In their latest clash, Hon. Pōhiva accused Moala of quoting people and newspapers in his article who he said were biased against him and his government.

He said Tonga Ma’a Tonga was financed by people who had petitioned the king to dismiss him and said  Kakalu newspaper had never published a single favourable story about him or his government.

Moala’s comments partly  referred to complaints of delays in reconstructing damage caused  by Cyclone Gita.

As Kaniva News reported recently, the Tongan government has said it is constrained  by strict guidelines surrounding donor money which is funding the reconstruction.

Tuvalu

The Prime Minister said he had not understood the impact climate change was having on Tuvalu until her went there.

“Prior to the visit I had heard the Tuvaluan Prime Minister, Hon Enele Sopoaga, tell me on numerous occasions, about the devastating impact that the climate change crisis was having on his country and people,” Hon. Pohiva said.

“I really did not believe that the impact of climate change on Tuvalu was any different from its impact on Tonga because I have also witnessed in Tonga how climate change and rising sea levels had eroded the coastline.

“What I did not appreciate until I got to Tuvalu was how tiny and low lying the Tuvaluan atolls were and how thin the layer of topsoil is and therefore the visual image of the devastation blows you away.

“But I was also moved by the resolve of the Tuvaluan people, especially the youth, who are determined to fight climate change and as their slogan goes, ‘Save Tuvalu, Save the World!’.

“It broke my heart. The tears I cried were sincere.”

Brothers and sisters

The Prime Minister also defended his stance on West Papua, describing the indigenous people as “our brothers and sisters.”

“We have witnessed in recent years how their human rights have been repeatedly violated,” he said.

“Representatives of the West Papua people have asked the Pacific Islands Forum Leaders for our help.

“The Civil Society Organisations of the Pacific and the Pacific Conference of Churches have urged the Pacific Leaders to support the people of West Papua.

“I think it is the right thing to do, and that is why I spoke strongly in favour of the people of West Papua.

“In fact the Pacific Islands Forum was set up at the first place because the colonial leaders in the South Pacific Commission refused to discuss the human rights of the colonised people of the Pacific Islands.

“The Forum had stood up in support of the rights of the Kanaks in New Caledonia and the people of Timor Leste.”

As we reported in July, West Papuan activist Rosa Moiwend called on Tonga to continue its support or her people’s struggle for independence.

She told Kaniva News it was important to support Vanuatu’s effort to prepare a resolution to have West Papua placed on the agenda of the United Nations Decolonisation Committee.

In 2015 the Prime Minister told the United Nations General Assembly that it should help West Papua, which has been occupied by Indonesia for nearly 60 years.

“Tonga does not condone the injustice, cruel violation of human rights and dignity and brutal treatment in West Papua,” Hon. Pohiva said at the time.

The main points

  • Prime Minister ‘Akilisi Pohiva said the bravery of Tuvaluan people in fighting climate  change broke his heart and has called West Papuans “brothers and sisters.”
  • The Prime Minister was responding to comments made  by his former media adviser and Tongan publisher Kalafi Moala.

For more information

Tonga’s PM accused of insincerity at Pacific Forum

PM defends delay in school reconstruction after Gita, saying funders have ‘very strict guidelines’ for release of money

Former adviser calls for Tongan PM to resign

Tongan woman given home detention for false tax claims

By Radio New Zealand International

A South Auckland woman has been sentenced to 11 months home detention for making false tax claims.

Lute Tonga Vailolo has also been ordered to repay $66,605.01 to Inland Revenue.

She plead guilty in the Manukau District Court on 22 August to a representative charge of providing false information which led to the refund claims.

Vailolo is the daughter of one of the seven brothers who run the Akoteu Nasaleti Trust and the Tongan Community Church of Hephzibah in New Zealand.

Some of the offending involved those two organisations.

Vailolo filed or assisted others in filing, 19 GST or income tax returns between June 2016 and January 2017, that were false.

Inland Revenue (IR) said she advertised her services to friends and families and on social media.

She charged fees for preparing some of the returns and in several cases changed people’s bank account numbers registered with Inland Revenue to her own account number for the claims to be paid into, it said.

IR spokesperson Tony Morris said Vailolo was trying to get money she knew she was not entitled to.

“She applied for refunds on behalf of the Tongan Community Church, the Akoteu Nasaleti Trust, someone who lived with her, various contractors or demolition firms, and other people she knew.”

“One claim for $15,641.48 was released by IR into the Tongan Community Church’s bank account. The account number was then changed to Vailolo’s account number for the second refund to be paid in to, but the second refund claim of $51,498.26 was not released by IR,” he said.

“Not all of the refunds she applied for were paid out – the total of false refund claims amounted to $212,785.87. It was only due to [an] IR investigation and intervention that the amounts paid out were limited to $66,605.01.”

“By making these false refund claims Vailolo was ripping off the tax system and taking the money needed for community services and facilities,” Mr Morris said.

She was ordered to pay reparation of $50 per week, plus $500 already paid at sentencing.

Man killed in Vava‘u crash named

Authorities have named a man who died after his car collided with a tree at Ta’anea.

The incident happened at around 6:45pm on Friday, August 23.

The deceased was Tafini Fanga’ata Tongia, aged 49.

Reports said his son and another passenger received minor injuries.  

Police said they are continuing to make inquiries into the circumstances of the crash

Supreme Court overturns former Chief Justice’s ruling on police retaining money seized in raid

The Supreme Court has ordered the police to return money seized from a local businessman.

The money was taken by police after a raid on Johnny Felipe Jnr’s property following an accusation of bribery.

During the raid the police confiscated TP$10,912 on Felipe‘s person, TP$125, US$96.25 in a drawer , TP$31,178, Aus$1385 and NZ$15.40 in a safe and TP$2000 allegedly given as inducement to steal methamphetamine from the police exhibit room.

Following the seizure, the money was kept by the police.

During an earlier hearing in the Supreme Court,  former Lord Chief Justice Paulsen ruled that the money could be held by police for three months .

However, Acting Chief Justice Cato has now overturned that ruling.

He said Mr Justice Paulsen had not been aware of evidence regarding the conduct of Felipe‘s business.

He said police had not seized the money with proper cause and did not have enough evidence to justify their suspicions that Felipe had been engaged in money laundering.

He said Felipe had shown evidence that the money was the result of legitimate business practices, including the rental of storage space and cash transactions which were favoured by many Chinese business people.

There was also evidence that the foreign currency came from overseas travel.

He said the police had no reason to retain the money on the grounds that it was related to drug  dealing.

Acting Chief Justice Cato therefore ordered that Mr Justice Paulsen’s order be rescinded and the money be released to Felipe.

The main points

  • The Supreme Court has ordered the police to return money seized from a local businessman.
  • The money was taken by police after a raid on Johnny Felipe Jnr’s property following an accusation of bribery.

Supreme Court dismisses all charges after evidence of false testimony and beatings by prison officers

The Supreme Court has dismissed all charges against a man charged with one count of common assault,  three counts of assault with intent to commit sodomy and three counts of sodomy.

The court also found that Saimone Vaka had been beaten while in custody and had made a false confession in order to escape further assault by prison officers.

Vaka had pleaded not guilty to all the charges and elected to be tried by judge without a jury. He chose to represent himself.

In his summing up of the trial, Judge Niu said Vaka had shown he was well able to defend himself and that he was well prepared with questions to ask and evidence to give and his written submissions showed careful consideration of the relevant matters.

The Crown called three witnesses:: They were the complainant, Lisiate Lakalaka, the Chief Prison Officer, Ponafasio Vake, and prison officer,Tevita ‘Ilaiii.

Lisiate Lakalaka, 19, from Lapaha, testified that in March 2018 he was in prison. He claimed that Vaka, who was also a prisoner, sexually assaulted him and threatened to kill him if he complained.

Lakalaka said that after further sexual assaults he ran away from poison, intending to report what had happened to a relative in the police force. However, while he was on the bus he was recognised and arrested. He was then returned to prison and beaten until he said he had been sexually assaulted by the accused.

Vaka said he had been brought out and accused. He denied the complaint and said Lakalaka was lying.

Chief Prison Officer Ponafasio Vake, Tevita ‘Ilaiii, Sergeant Vake, Tau’ataina and Lakalaka were present.

He said he was told to strip and beaten on the buttocks with three siale mohemohe branches, each piece was about one and a half inches thick and about two and a half feet long. He said that each piece was used until it broke and the last piece was used up to 20 strokes.

He said he was punched and knocked to the ground and feared that he might die.

Judge Niu noted that there were discrepancies in Lakalaka’s testimony with regard to the number of assaults and the dates on which they occurred. Despite claims of being restrained by Vaka, he had not suffered any injury.

Vaka cross-examined Lakalaka on a number of issues where he gave contradictory evidence, including his behaviour during his escape from prison.

Lakala admitted that he had lied and that Vaka had been arrested and brought to trial on a his false statement. The complainant said that he made up all that he had stated in the statement. He said Vaka had not threatened him at all. Lakalaka said he did not know why he had lied to the prison authorities.

During the trial prison officers denied that any beatings had taken place.

Judge Niu said Lakalaka had given contradictory evidence, had lied and had said things in court that went against testimony he gave to the authorities.

“I found the evidence of the complainant suspect and difficult to accept from the beginning.” Judge Niu said.

“I accept his evidence that he was beaten by the prison officers to tell them why he had run off.

“To save his own skin, he lied to the officers. His beating then stopped and his escape from custody was accepted to be justified and he was not charged with escaping. He was released shortly afterwards.

“The accused was brought out and accused and beaten to confess to acts which never happened.

“I have accordingly found that the Crown has failed to prove all the charges and I dismiss them all.”

The main points

  • The Supreme Court has dismissed all charges against a man charged with one count of common assault,  three counts of assault with intent to commit sodomy and three counts of sodomy.
  • The court also found that Saimone Vaka had been beaten while in custody and had made a false confession in order to escape further assault by prison officers.

PM defends delay in school reconstruction after Gita, saying funders have ‘very strict guidelines’ for release of money

Prime Minister ‘Akilisi Pōhiva has defended his government’s handling of the rebuilding of schools destroyed by Cyclone Gita in February 2018.

There have been complaints about the condition of temporary classrooms which have been held in tents.

There was also a complaint about the health conditions of school children taught in these temporary classrooms.

Hon. Pōhiva said the government had to follow the funding agencies’ requirement about how their money should be used. He described the condition as “very strict.”

“The money for the construction of schools and homes that were totally destroyed actually come from multi-lateral funding agencies and each of those agencies have very strict guidelines for disbursement and rigorous procurement procedures with which we must comply,” Hon. Pōhiva said in a news release this afternoon.

Works begin

The Minister of MEIDECC told parliament in June the reconstruction project would begin this month and was expected to be completed  by August 2020.

The minister told parliament the government had received the money but it “has to obey” what the funding agencies wanted, according to parliament’s minute number 9A of June.

Hon. Tei said the government attempted to escalate the process, but the agencies wanted to make sure everything was “pau” (guaranteed).

Destroyed schools grouped

He said the affected schools had been divided into three groups.

The first group included Vaini, Navutoka and Fasimoeafi primary schools. The second group included five schools and the last group included seven primary and high schools. He did not specify which schools were involved in these groups.

Hon. Tei said the building of group one would begin this month and was expected to be completed in December.

Work on the second group would begin in October this year and was expected to be completed in April next year.

Reconstruction of the third group was expected to start in November this year until August 2020.

Hon. Tei did not reveal the details of what had delayed the process, but implied that these included discussions of whether the construction companies should be recruited from overseas or from within Tonga.

Frustration

The Prime Minister said he acknowledged that there had been major delays in the construction of homes and schools that had been totally destroyed.  

“There is no way we can bypass those stringent and time-consuming regulations and procedures,” the Prime Minister said.

“I am as frustrated as the home-owners and owners of the schools are in the delays in construction. All I can do is plead for their patience!”

Complaint

According to a report in Kakalu ‘O Tonga newspaper last week, a teacher at a school where classes are still held in tents was concerned at the lack of ventilation. 

The teacher reportedly said the children had been sick over the past 12 months.

The story was also carried by Radio New Zealand international.

Donations

As Kaniva news reported last year, the National Emergency Management Office (NEMO) said all of the $TP52.6 million donated to Tonga by overseas donors would be spent on the recovery process.

NEMO said TP$23.6 million in cash had been deposited in the government’s cyclone Gita’s bank account, with TP$2 million deposited into its normal account.

Cabinet had allocated TP$21.4 for the Cyclone sub-committee to help the recovery process.

It said the money would be spent on specific areas including shelter, education, food and security, and communication. The smallest allocation, TP$200,000, would go to communications, with the largest outlay, TP$7.7 million, going to essential services, including electricity maintenance.

In its latest report on the state of Tonga after Cyclone Gita, NEMO said 819 households had  been destroyed and 3889 households damaged.

The main points

  • Prime Minister ‘Akilisi Pōhiva has defended its handling of the rebuilding of schools destroyed by Cyclone Gita in February 2018.
  • There have been complaints about the condition of temporary classrooms which have been held in tents.

For more information

Donor money allocated to cyclone recovery, but rebuilding yet to be budgeted

Schapelle Corby linked to man accused over Aus$90 million drugs bust in Queensland

Convicted drug smuggler Schapelle Corby has been linked to a man charged over the largest seizure of drugs in Queensland.

Corby, who has a Tongan connection, has been identified as the half-sister of Viliami Taani Paea Kisina, 26,  who has been accused over a multi million dollar drug bust.

Kisina was one of six people arrested on Monday during raids across South East Queensland and northern New South Wales.

He was charged with possession and supply of dangerous drugs.

Police found 766kg of MDMA at two properties south of Brisbane.

The drugs are worth Aus$90 million

Three men and a woman have been charged – while an arrest warrant has been issued for a New South Wales man.

There is no suggestion Schapelle or any of her relatives have any involvement.

Tongan conection

Kaniva News reported on Corby’s Tongan connection in 2014.

Corby’s mother Rosemarie married for the third time to Tongan-born James Kisina and they produced James Sioeli Kisina, 27,  and Melenae Kisina 24.

The children are half-siblings to Viliami, whose mother is Seniolita Kisina, and Rosleigh’s four other children, including Schapelle.

Schapelle Corby was convicted of smuggling 4.2kg of cannabis into Bali in Indonesia in May 2005.

She was sentenced to 20 years in prison by the Denpasar District Court and imprisoned in Kerobokan Prison.

She was released after serving nine years.

The main points

  • Convicted drug smuggler Schapelle Corby has been linked to a man charged over the largest seizure of drugs in Queensland.
  • Corby, who has a Tongan connection, has been identified as the half-sister of Viliami Taani Paea Kisina, 26,  who has been accused over a multi million dollar drug bust.

For more information

International drug ring: Schapelle Corby’s link to man accused

Tonga face off against Australian team on Saturday ahead of Rugby World Cup

‘Ikale Tahi will play Australia’s Western Force rugby team in Tonga on Saturday.

Saturday’s game will be the first time the two sides have met.

‘Ikale Tahi fans who have only seen the team play at home a few times in the past 10 years.

Coach Toutai Kefu said the game was a chance for the team to reconnect with home fans.

“Hopefully we can have a win and they can see us off on a positive note towards the World Cup,” Kefu told Radio New Zealand.

“That is the main reason why we are doing it. Just to give something back to our supporters and our fans in Tonga.”

The contest will provide the Tongan side more experience on the field before the Rugby World Cup in September.

The Western Force have two Tongan players on the team, winger Halauafa Lavaka and hooker Feleti Kaitu’u.

Halauafa’s mother is from Navutoka and Ovaka, and his father is from Tefisi and Leimatu’a. Feleti’s family is from Ha’apai and Kolomotu’a.

The game kicks off at 3pm at Teufaiva Stadium.

Opposition

The Tongan team has faced stiff opposition in recent games.

They lost 25-17 to Samoa on July 27 and 41-7 to Japan on August 3.

However, they finished the World Rugby Pacific Nations Cup with a 33-23 win over Canada at Churchill Park in Fiji.

‘Ikale Tahi will fly to New Zealand to play the All Blacks in their final pre-world Cup Test in Hamilton on September 7.

The main points

  • ‘Ikale Tahi will play Australia’s Western Force rugby team in Tonga on Saturday.
  • Saturday’s game will be the first time the two sides have met.

For more information

Western Force en route to Tonga ahead of Ikale Tahi clash

https://www.rnz.co.nz/international/pacific-news/396994/sport-western-force-en-route-to-tonga-ahead-of-ikale-tahi-clash

Rare home game for ‘Ikale Tahi

https://www.rnz.co.nz/international/pacific-news/397249/sport-rare-home-game-for-ikale-tahi

Drowning Niuafo‘ou victim laid to rest

The 21-year-old Tongamama’o man who drowned in lake Vailahi was buried on Tuesday after his funeral service.

Mourners flocked to the beach where his body was found before his burial services.  

Safinata Filiai was reported missing on Sunday, August 18 after he went out swimming.

Police reportedly said an extensive search effort to find him continued on Monday, with search and rescue conducting multiple shoreline searches throughout the day.

The family reported on Facebook the deceased’s body was found after it appeared on the sea surface.

His family and friends took to Facebook to share their grief at losing their son:

“My heart is so broken with grief. I don’t have the words to say,” a family member wrote in Tongan.

Another wrote: “He was a good child who never had any problems with anyone in this town, everybody loved him.”

Police said the death was not suspicious.

Tribunal denies appeal, but grants visa so woman can decide whether to pursue residence

The New Zealand Immigration and Protection Tribunal has refused a Tongan woman an appeal of humanitarian grounds, but ordered that she be granted a work visa for three months.

In its report on the appeal, the Tribunal was extremely critical of the way Immigration New Zealand had handled certain aspects of the case.

The woman had lodged work and residence applications based on her partnership with a New Zealand citizen, but because of delays in processing both applications her interim visa had expired.

The woman first entered New Zealand in 1997 and stayed unlawfully for seven years before she was deported in December 2005.

In September 2009, following the death of her mother, Immigration New Zealand exercised its discretion to allow the appellant to re-enter New Zealand for a short visit. Since 2010, she has made frequent visits to New Zealand, usually staying between two and four weeks.

During one such visit in late 2013 she met her current partner, a 59-year-old New Zealand citizen of Maori descent.

In September 2014, the appellant graduated from the University of the South Pacific with a Bachelor of Commerce. She re-entered New Zealand in December 2014 and in May 2015, she was granted a one-year partnership work visa. This was renewed for a further year in May 2016.

In July 2017, she was granted a further work visa to give her time to lodge a residence application under the Family (Partnership) category.

In May 2018, Immigration New Zealand wrote to her saying her partner did not meet character requirements for supporting partners because of past convictions for domestic violence.

The Tribunal said it was wrongly stated that the partner’s four historic convictions for common assault and one conviction for a domestic assault meant he needed a character waiver. The date of the most recent conviction was also wrongly recorded as 2013 rather than 2003.

The partner responded on 24 May 2018 stating that he disputed the 2013 conviction and was applying to the Justice Department for documentation to confirm this. He also stated that only one of the assaults had been of a domestic nature.

The woman and her partner went to considerable lengths to correct the information held by Immigration New Zealand, but the department continued to question his convictions, his relationship with his former wife.

In February this year, Immigration New Zealand advised the appellant that her interim visa had expired, that she was now unlawfully in New Zealand (and that processing of her residence application had been suspended.

In May  the woman’s application for a work visa was declined. Immigration New Zealand said it was not satisfied that the appellant’s relationship was genuine and stable or entered into on the basis of being maintained on a long-term and exclusive basis.

The Tribunal also noted the partner’s pending trial on charges of theft by a person in a special relationship and the appellant’s desire to be present to support him at this time.

The Tribunal said that if the appellant had to return to Tonga she would be separated from her partner.

“Given the current challenges for the relationship, including a possible period of separation should the partner receive a sentence of imprisonment, the Tribunal does not consider that separation would in itself be harmful to the relationship,” the Tribunal said.

“Once the appellant was no longer unlawfully in New Zealand, assessment of her residence application could resume. Should she intend to maintain the partnership and her application be successful she would be able to return and be reunited with her partner.”

“Although the appeal is declined, the Tribunal orders that the appellant be granted a work visa for three months

“This will enable her stay in New Zealand while her partner’s sentencing and to decide whether she will pursue her outstanding residence application.”

The main points

  • The New Zealand Immigration and Protection Tribunal has refused a Tongan woman an appeal of humanitarian grounds, but ordered that she be granted a work visa for three months.
  • In its report on the appeal, the Tribunal was extremely critical of the way Immigration New Zealand had handled certain aspects of the case.