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Joint trial proposal to be heard in Sept for Lord Tu‘ivakanō, Tu‘akoi and Taulua in passport fraud charges

By
Kalino Latu
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A submission to try Lord Tu’ivakanō, Isabella Satua Tu’akoi and former police inspector ‘Ileana Suliana Taulua together after they had been charged with passport offences is expected to be heard in September.

The crown submitted that the charges against the trio were closely related.

The proposal will be brought before Tonga’s new chief justice who is expected to start working in the kingdom in about two month’s time.

As Kaniva news reported last month, former Prime Minister Lord Tu’ivakanō has pleaded not guilty to a raft of charges stemming from the Chinese passports scandal.

The charges in the Supreme Court involved money laundering, bribery, perjury and fraud.

He had also denied firearms charges.

An audit of Tonga’s immigration divisions, completed in 2013, found a Chinese couple, Sien Lee and his wife, had been issued seven diplomatic passports and 15 ordinary passports since 2003.

A document alleged Lord Tu’ivakanō had received TP$199,408.94 on November 18, 2013 from Sien Lee and Ying Huang Lee while the king’s noble was the Minister of Foreign Affairs.

It said the money was given to persuade him to act in their favour and that he allowed the issuance of documents which proved the holders were Tongan travellers.

According to the document, the application was lodged by Tu’akoi with the Ministry of Foreign Affairs’ Immigration Department.

A police taskforce was established in 2015 to investigate with help from New Zealand’s Serious Fraud Office.

The defence opposed the request for the joint trial.

Tributes flow for Tongan father hit, killed by train in US

By
Kalino Latu
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Tributes are flowing online following the death of a 31-year-old Tongan father in the US who was fatally hit by a caltrain.

The San Mateo County Coroner’s Office on Saturday have identified the deceased as Gordon Manuofetoa, the Mercury News reported.

The resident of San Bruno was trespassing on the tracks near the Scott Street crossing when he was hit by northbound train no. 381 about 6.35 pm,  a caltrain company spokesperson Haroon Malek reportedly said.  

“My deepest condolences to my Manuofetoa family of the loss of a son brother uncle and especially a best friend. My prayers are with your family during this difficult time…. Love u guys,” a commenter wrote on Facebook.

“My humble hearts cried aloud with prayers on this day of our family great loss/- the feeling of losing a loved one like stepping on a burning charcoal—we still thankful that God Almighty still in the midst to comfort you and family! Ofa lahi atu,” another wrote.

” Look at your nieces and your Baby Girl ?? Love You Gordon,” one commenter wrote in a post which accompanied by a photo of two young girls and a baby.

The report said: “All trains were stopped in the area following the collision. Malek said the southbound track reopened for train service at restricted speeds of 10 mph about 7:20 p.m.”

Jonah Lomu’s brother denies “niece” claim by Tongan woman guilty in NZ’s largest meth bust

By
Kalino Latu
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The brother of late rugby legend Jonah Lomu has denied claims by a Tongan woman, who is facing life in jail, that Lomu was her uncle.

Selaima Fakaosilea, 30, and a co-accused, Stevie Norua Cullen, 36, have been on trial in the High Court at Whangārei for the past seven weeks charged with importing methamphetamine and participating in an organised criminal group.

According to Stuff, Fakaosilea was a first cousin of Lomu, although she referred to him as “uncle.”

It said the mother-of-one “comes from a proud sporting family and was a relative of late rugby star Lomu.”

However, Jonah’s young brother Sione Lomu told Kakalu ‘O Tonga newspaper “that was a lie.”

He said they had no family connections at all and he did not know where Selaima and her family get their information from.

“She is not my cousin and I do not know her,” Sione told the paper, which is printed in Tongan.  

Sione also denied to Kakalu that Jonah and Selaima’s mother, Sela Tutu’ila, were first cousins. 

When Selaima first appeared in court the New Zealand media appeared unaware of her controversial claim about blood link to the football legend.

It was only in the reports of the last day of the hearing that Selaima and Jonah claimed connection made headlines, apparently after Stuff interviewed Selaima and her brother Lolo Faka’osilea.

Lolo referred to Lomu as ‘uncle’, telling Stuff he was someone he idolised from a young age.

However, he said he and his siblings did not have a lot to do with their famous uncle, with their parents distancing themselves from the hype of Lomu’s fame.

“For myself, he played a big role because of the influence he had on the game [of rugby] but it was never pushed on us by my family,” he said.

Lolo said the family moved to Australia while the children were still young.

He reportedly said Selaima went to school in Brisbane and was “very smart.”

She was also a talented sportswoman, playing rugby and successfully playing netball to representative level.

But, as the oldest of six children, Selaima had to put aside a potential netball career – and her back-up plan of being a flight attendant – to look after her four youngest siblings, Lolo told Stuff.

“Her main plan was to become a netballer, but she had to give that up when my parents split up [in her last year of high school].”

The drug offence carries a maximum sentence of life imprisonment.

Selaima’s older brother Ulakai Fakaosilea and five others have already pleaded guilty to their roles in the case.

On June 12, 2016, police in the Far North seized 449kg of methamphetamine from a campervan, driven by a 19-year-old known as Witness X, who became the Crown’s key witness. A further 52kg of meth was found by police the following day, buried in sand dunes on Ninety Mile Beach. The 501kg haul had an estimated street value of almost half a billion dollars.

Selaima’s defence was that she was not in Northland when the drugs came ashore and had no knowledge of the drugs or their importation.

She and her co-accused were remanded in custody for sentencing at the High Court in Whangārei. They were expected to be sentenced last week, but it has been postponed until next month.

The main points

  • The brother of late rugby legend Jonah Lomu has denied claims by a Tongan woman, who is facing life in jail, that Lomu was her uncle.
  • Selaima Fakaosilea, 30, and a co-accused have been on trial in the High Court at Whangārei for the past seven weeks charged with importing methamphetamine and participating in an rganised criminal group.

Support for sick sister and children’ education key to Tribunal’s decision to grant residency visas to Tongan family

By
Philip Cass
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The New Zealand Immigration and Protection Tribunal has ordered that a Tongan family be granted resident visas.

The Tribunal found that they had proved exceptional humanitarian circumstance because it was in the best  interests  of   the    three eldest children  to complete their education in New Zealand and the support the family provided to the wife’s sister, who was seriously ill.

The family consists of the parents, who are Tongan citizens, and their five children, aged 18, 16, 14, six and three.

Before  their arrival  in  New Zealand in December 2007, both the husband and wife had made several visits to New Zealand. When they re-entered in December 2007 with  their  three sons, they held visitor visas.

In July 2008, the husband was granted a two-year Essential Skills work visa to work as a truck driver. He was granted a series of work visas, the last of which expired in October 2018.

The wife also held work visas and the children held student and/or visitor visas. Two daughters were born in New Zealand, in April 2013 and August 2015.

On 19 November 2018, Immigration New Zealand declined to grant the husband a further Essential Skills work visa.

The wife and children’s associated visa applications were also declined in November 2018.

The family filed an appeal in January this year.

In their appeal, the family said the wife’s New Zealand-citizen sister had serious health issues and was due to have major surgery for a pre-cancerous condition of her uterus.

The wife is her only family member in New Zealand and the family provide practical and emotional support to the sister and her family.

They argued that it was in the best interests of the children to stay in New Zealand. If they had to move back to Tonga they would have to live in overcrowded conditions with the husband’s family so the children would be impoverished.

The three sons were senior secondary school students who had been living in New Zealand for more than 10 years and had few memories of Tonga.

The 16-year-old son has significant hearing loss which would be dealt with in New Zealand.

The Tribunal said that if the family had to leave New Zealand, the sister and her family would be left alone to cope with the  trauma  of  the  wife’s  sister’s  forthcoming  surgery  and  an    uncertain future. They had an exceptional need for family support.

It found that the eldest children’s education would be severely disrupted if they had to return to Tonga.

“Weighing this record with the humanitarian circumstances relating to the needs of the wife’s sister and her family and the best interests of the three sons, the Tribunal finds that it would be unjust and unduly harsh for the appellants and their children to be deported from New Zealand,” the Tribunal said.

The Tribunal therefore ordered that the family be granted resident visas.

The main points

  • The New Zealand Immigration and Protection Tribunal has ordered that a Tongan family be granted resident visas.
  • The Tribunal found that they had proved exceptional humanitarian circumstance because it was in the  best  interests  of   the    three eldest children  to complete their education in New Zealand and the support the family provided to the wife’s sister, who was seriously ill.

Tongan caretaker allegedly steals over $100,000 from widow in US

By
Kaniva Staff
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A Tongan woman helped herself to over US $100,000 belonging to a 98-year-old widow who she was supposed to help in San Carlos.

The alleged thefts began in 2015, after a local church recommended that the woman hire 50-year-old Nina Guttenbeil of Redwood City, The Mercury news reported.

Guttenbeil took $107,158 from the woman through ATM withdrawals, the report said.

Prosecutors have charged Guttenbeil with felony theft from an elder by a caretaker, and felony identity theft.

Guttenbeil pleaded not guilty to the charges when she was arraigned Tuesday in Redwood City. She is in custody on a $50,000 bond.

The woman’s daughters discovered the thefts after they began looking into their mother’s finances earlier this year, authorities said. According to the district attorney’s office, Guttenbeil admitted to the thefts when the women confronted her.

San Mateo County District Attorney Steven Wagstaffe said Guttenbeil has not given a statement to law enforcement, and said investigators are still trying to determine why she stole from the woman.

“We don’t know at this point where the money went,” Wagstaffe said.

Charges withdrawn against grenade and firearms Facebook photos accused

By
Kalino Latu
-

A Magistrate court has withdrawn all charges against two men who had been arrested after photos of them holding firearms and what appeared to be a grenade were posted on Facebook.

Prosecutors said they did not have enough solid evidence to secure a conviction against the accused, Kakalu ‘O Tonga newspaper has reported.  

Andre Manu, 50, from Fo’ui and Malu Fakauho, 39, from Kolovai were jointly charged with various offences including possession of prohibited weapons and hand grenades.

The photographs showed the duo holding what appeared to be two shotguns, and several items including what appeared to be tele-radios.

The dropped charges were withdrawn by the prosecutors on Monday July 8 before Magistrate Feleti Tuita, the paper said.

It said the duo have indicated they would file a lawsuit against Police for their unlawful arrest.

Nobles plea to receive TP$900,000 of constituency funds; gov’t says it’s “problematic,” nobility not elected by people

By
Kalino Latu
-

The nobility’s nine MPs in Parliament have pleaded with the government to be allowed to receive TP$100,000 each from the constituency funding to help people in their various estates.

The funding was meant for the 17 people’s MPs to distribute each year among their constituencies to help what were most needed by their people for the development of their community.

This year each people’s MP is distributing TP$200,000 to their constituencies.

The nobles want to have the same opportunity for the funding.

Apart from TP$100,000 the nobles have requested, TP$200,000 was allocated to build a parliamentary office for them. Another TP$400,000 was added to this allocation which included a salary for an administrator to run the office.

The Prime Minister did not believe the nobility MPs should be allowed to access the funding. He said in the House if the nobles were given the money it could cause problems.

He said not every constituency in Tonga had a noble MP.

Hon. Pohiva said the distribution of the money among the 17 people’s MPs was fair as every constituency in Tonga would have the same opportunity to get a share from the funding through their MPs.

He said if the nine nobles in Parliament were given an allowance, this would set them apart from other nobles who were not in the House and would not get the same benefit for their estates.

Noble MPs to be elected by people

The Minister of Police said the funding was intended for the people.

Hon. Mateni Tapueluelu said having the constituency funding given to the people’s MPs to distribute among their constituency could be justified because people could vote them out if they misused the funding.

He said this did not apply to the nobility because they were only elected by 33 members of the nobility.

Hon. Tapueluelu said if the nobility resolved to allow the people to elect them to Parliament their request for the funding would be justified.

The pleas

Lord Nuku said it was only fair that every MP in the House received a fair share of Parliamentary funding.

Vava’u 15 MP Samiu Vaipulu pleaded with the House to accept the request by the nobility.

Lord Tu’ilakepa pleaded with the government bench that he wished to keep the peace and asked that the noble be given the same opportunity.

He said they would spend the money according to its purpose and nothing else.

The debate was not put to a vote after Lord Tu’i’afitu asked the House to leave it for the government to consider.

The Minister of Police said he was surprised by the noble’s move to leave the proposal for the government to make a decision.

The main points

  • The nobility’s nine MPs in Parliament have pleaded with the government to be allowed to receive TP$100,000 each from the constituency funding to help people in their various estates.
  • The funding was meant for the 17 people’s 17 to distribute each year among their constituency to help what were most needed by their people for the development of their community.

Man who shot two men outside Vava’u nightclub has appeal dismissed

By
Kaniva Staff
-

By Catrin Owen, Stuff

A man who shot two people outside a south Auckland nightclub has failed in a bid to have his conviction and sentence quashed, after one of the victims identified him on YouTube. 

Kovinantie Fukofuka​ shot two men outside a local nightclub in May 2017and was found guilty of two counts of wounding with intent to cause grievous bodily harm.

The victims, Valu Kolofale and Manase Lasike, did not know Fukofuka, but a few days after the shooting police undertook a formal identification procedure using a photo montage. 

Kolofale picked out the defendant as the man who had shot him.

However, Kolofale had already been referred to a YouTube clip featuring local rap artists, by the DJ at the club, and immediately recognised one of them as the gunman. 

At trial, Fukofuka objected to the admission of Kolofale’s formal identification saying it was “tainted” after he’d already viewed the YouTube video. 

The trial judge, Judge John Bergseng, ruled the evidence admissible and Fukofuka was found guilty by a jury and sentenced to eight years and four months imprisonment with a minimum period of imprisonment of three years and four months. 

At a Court of Appeal hearing in June in front of Justice Brendan Brown, Justice Christian Whata and Justice Simon Moore, Fukofuka appealed his sentence and conviction. 

Maria Pecotic acting on behalf of Fukofuka, said Kolofale’s identification was unreliable as had he been certain of his identification he would not have viewed the video, otherwise he would have advised police earlier.

She told the Court of Appeal the evidence should have been excluded. 

The Court of Appeal judges agreed with the Crown, that Kolofale was clear he had recognised Fukofuka from the night of the offending, rather than from the YouTube video. 

Two other witnesses independently identified Fukofuka as the gunman and Pecotic did not suggest that either of these was mistaken, the judgment said. 

The Court of Appeal judges were satisfied Judge Bergseng approached his task correctly, although he did not view the footage. 

“This would have been the preferable course. Viewing the footage would have enabled a full evaluation of any potential contamination of Mr Kolofale’s identification.

“Despite this oversight, it is plain to us that justice did not miscarry.”

The Court of Appeal judges viewed the clip and were satisfied that Judge Bergseng’s analysis of reliability remained sound. 

SHOOTING

In May 2017, Fukofuka had been at a Manukau nightclub with friends before leaving with a friend who had been asked to leave. 

Outside the club, Fukofuka became involved in a number of “physical skirmishes” with Lasike and Kolofale. 

Part of what happened outside the nightclub was captured on CCTV and showed Fukofuka being punched in the head before falling to the ground and being hit again. 

Fukofuka then got to his feet and disappeared, 26 seconds later he returned, armed with a .22 firearm, firing shots.

Lasike was shot through the right knee and Kolofale through the right thigh. 

Twelve days after the shooting, a police detective took a statement from Kolofale and showed him a photo montage where he picked out Fukofuka. 

At the time, police did not know Kolofale had been contacted by the DJ at the nightclub who suggested he watched a video titled “Erase threes nation“. 

Kolofale said he had a clear picture of the person in his mind and was told by the DJ to look at the lead singer, the judgment said. 

The music video featured men rapping and one of the rappers was Fukofuka, who Kolofale immediately recognised as his shooter. 

Kolofale only told police about seeing the YouTube video in April 2018, three days ahead of the trial.

The district court judge acknowledged there had “clearly been a degree of contamination” which clearly would have influenced Kolofale’s formal identification fo the defendant. 

However, the judge identified other aspects of Kolofale’s identification which supported its reliability including that Kolofale was captured on CCTV fighting four times with the defendant in areas which were reasonably well lit and his eyesight was good. 

Kolofale remained unshaken in his identification despite viewing the clip. 

The Court of Appeal judges dismissed the appeal for Fukofuka’s conviction and sentence. 

However, they quashed the minimum term of imprisonment.

Stuff


Tongan love triangle ends with jealous dad in jail in Australia

By
Kalino Latu
-

A Tongan father received jail time early this month for his role in a love triangle that turned violent in 2017.

Tevita Tangataolakepa, a 55-year-old father of five, was handed a 13-month sentence, with 11 months suspended, in the District Court in Carnarvon.

Tevita was jealous of his teenage son’s relationship with an older woman he also had a crush on.

“He pleaded guilty to charges of endangering life and criminal damage, after he chased the couple’s car at speeds of up to 180km/h,” the West Australian news website has reported.

It said Tevita chased the couple’s vehicle while his son Feleti Newman was driving without a driving license, one report said.

The woman, Nola Lapale, according to the reports, called Police twice during the chase.

The chase ended after Tevita crashed his vehicle into the couple’s Ford Territory.

No one was injured.

Tevita had a previous criminal record.  

Finance Minister’s response refutes claims gov’t spends $300,000 on ‘Aho‘eitu image; statue to stay at St George Palace

By
Kalino Latu
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The Minister of Finance said he was unaware of any single expense the government had to bear for the importation of the sculpture of King ‘Aho’eitu, the first Tu’i Tonga.

Hon. Tu’i’onetoa was responding to claims on social media that said the government should be using any money allocated to the statue on helping improve people’s standard of living.

He said if the government was responsible for any costs they could be for the removal of the statue to Popua National Park and any accompanying ceremony.

Dr. Siosiua Lafitani Pouvalu claimed on Facebook the government spent more than TP$300,000 on the statue.

In Tongan he wrote: “‘Oku lahi ‘aupito e talanga he fakatata pe ‘imisi ni, pea ‘oku kau ai mo e ngaahi ‘uhinga ki he pa’anga ne ngaue’aki, ‘oku pehee ko e 3 kilu tupu.”

The sculpture was meant to be installed at the junction of Vuna road and the turnoff into Popua village.

However,  because the preparatory work for its foundation was delayed by bad weather, the government decided to install it temporarily in front of St George palace. 

In a statement, Prime Minister ‘Akilisi Pohiva said after the statue had been installed at the palace, he and its creator, Professor Viliami Toluta’u, agreed to leave it there permanently.

As Kaniva news reported in May, Professor Touta’u, from Brigham Young University in Hawai’i, met with the Prime Minister and later sent an invoice of US$100,000 as cost for the image.

The cost was not discussed during the meeting with the Prime Minister, according to Chief Secretary.

However, Prof. Toluta’u later told the government he had found a sponsor to fund the sculpture.

The Prime Minister said during the ceremony to install the statue that he was first approached by Prof. Toluta’u about a sculpture of ‘Aho’eitu in 2018.

“Professor Toluta’u had heard that I was leading the work of converting the former rubbish dump in Popua into a national park,” the Prime Minister said.

“He came to me with an offer to build a sculpture of ‘Aho’eitu.”

Hon Pohiva said he  fully embraced the offer for two reasons.

“First was the knowledge that the history of ‘Aho’eitu, the first Tu’i tonga is centred on Popua and its neighbouring islands of Siesia and Nukunukumotu.

“In addition there is also the network of ‘sia heu lupe’ or pigeon mounds’ in Popua.

“The second reason why I fully embraced Professor Toluta’u’s offer was the fact that his Majesty King Tupou VI, was christened Prince ‘Aho’eitu, and that we would be celebrating his majesty’s 60th birthday this year.”

Hon Pohiva said he was indebted to Prof. Toluta’u for his dedication and labour of love.

“Above all I am indebted to him for his perseverence in spite of the criticism and spiteful comments made in the social media regarding this work of art,” the Prime Minister said.

“I am also indebted to Brigham Young University in Hawai’i, which is represented here today by Dr. Rose Ram, for giving Professor Toluta’u the time, space and resources to complete this beautiful work of art.”

The statue

The statue of King ‘Aho’eitu is shown holding a sika, or javelin. He won a javelin throwing competition againt his brothers.

Several kupesi, or geometric designs, are carved on his tapa cloth. One of them is the footprint of the tuli bird – a symbol of the Tangaloa clan.

There is also a depiction of the hoi plant, which is poisonous.

ʻAhoʻeitu is depicted wearing a fāʻonelua necklace.

The main points

  • The Minister of Finance said he was unaware of any single expense the government had to bear for the importation of the sculpture of King ‘Aho’eitu, the first Tu’i tonga.
  • Hon. Tu’i’onetoa was responding to claims on social media that said the government should be using any money allocated to the statue on helping improve people’s standard of living.

For more information

Statue of first king of Tonga installed in front of St George palace

Statue of first king of Tonga installed in front of St George palace
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