Home Blog Page 512

Tu’uheava admired Comanchero gang, wife tells court

By Tom Furley, Radio New Zealand A woman shot in the head while her husband was killed has described how he opened a bag full of cash during a drug deal shortly before the attack. Fisilau Tapaevalu and Mesui Tufui are on trial in the High Court in Auckland charged with the murder of ‘Epalahame Tu’uheava, 28, and attempting to murder his wife Yolanda Tu’uheava, 25. Mr Tu’uheava, also known as Abraham or Hame, was found dead by a member of the public on Greenwood Road in Mangere on 1 May 2018, His wife was found alongside him suffering serious gunshot wounds. A third man, Viliami Taani, pleaded guilty to the two charges last week. On Wednesday, Mrs Tu’uheava gave evidence via video link wearing a headscarf and at times struggling to recall events in the lead up to the attack. She was shot several times, including in the head, and a bullet remains lodged in her brain. The couple moved to Sydney in 2014 where her husband worked as a truck driver and became “really, really close” with the leader of the Nomads gang, she told the court. “I don’t know if he was like officially patched, he was just around them a lot.” She said communication with gang members continued over social media when they moved back to South Auckland in 2017. On returning he also began contacting the Comancheros, having seen their bikes following the Tongan rugby league team during the Rugby League World Cup. “I noticed he was watching these videos of the comos and their bikes, all these flash things that they had, so he was trying to find a way to get hold of them. He admired the material stuff they had.” She said her husband had a meeting with the Comanchero gang leader and would communicate with members over social media including Snapchat. She told the court she believed he had become involved in drug dealing after moving back to Auckland. “It was just, he became secretive, like really secretive. He was on the phone a bit, yeah.” A week before his death the couple drove from Auckland to Invercargill. She told the court she couldn’t remember the reasons given by her husband but that they were “meant to be there a while”. “He made it sound like it was a holiday. Honestly I had a feeling it was something else. I had a feeling like he was up to something dodgy, like drug dealing.” On the morning of 30 April she found her husband had packed her suitcase and they were to fly back to Auckland from Dunedin. When they arrived at the airport, she found one of their carry on bags was full of cash as she got out a jumper. The bag contained $48,000, she said, and another black Adidas bag he was carrying over his shoulder had $15,000. She said she didn’t know where he got the money but it could not be from his job as a truck driver “It had to be something dodgy he was doing.” She told the court she believed it was from drug dealing. After arriving in Auckland they hired a car and rather than go home, Mr Tu’uheava spoke to someone on the phone and said he had a meeting at McDonalds in Manukau. She said Mr Tu’uheava appeared anxious and disappeared for a time. He returned across the carpark, while two men also walked towards a dark car. “That’s when he started speaking about how they’re going to be like consistent for him” “So like he can get whatever he was selling, whatever drug he was dealing through them, like it was going to be consistent. The court heard how he appeared excited, and Mrs Tu’uheava later said he had a goal of making $50,000 a week. After returning home she was woken up later that night by her husband who said he was once again going to meet with the men, this time to get what she believed were drugs before heading straight back down to Invercargill. Both bags full of cash were still in the car, the court heard. The couple drove to meet the men at Greenwood Road in Mangere, where she said he got out of the car and spoke with one of them in Tongan. “I couldn’t hear what they were talking about but I could hear them laughing. I remember seeing my husband look inside his Adidas bag and I was thinking to myself he shouldn’t open it in front of the guy or else he would see all the money.” They were talking for about five minutes before the men departed “to get the stuff”. Mrs Tu’uheava is to continue giving evidence at the trial today.

Australia urged to ‘step up’ kava allowance for travellers

By Radio New Zealand

Vanuatu and Fiji are asking Australia to significantly increase the amount of kava travellers can bring into the country.

Australia currently allows two kilograms per person, but the government is considering doubling that to four.

In submissions to Australia’s Office of Drug Control, Fiji’s government proposed a quota of 10 kilograms per person, while Vanuatu suggested 15.

The director general of Vanuatu’s foreign affairs department, Kalfau Kaloris, said he didn’t believe 4 kilograms was enough – particularly if it’s to be used at a large ceremony.

Australia’s restrictions on kava are driven by concerns about its misuse in remote communities.

But Vanuatu and Fiji have been trying to have them relaxed for years, saying the root plays an important role for South Pacific diasporas.

In a tweet, Vanuatu’s foreign minister Ralph Regenvanu said his country was looking for a “step-up,” a jibe at Australia’s so-called Pacific step up.

The submissions can be found online here.

Read more:

Uniting Church stance on liberal same-sex marriage causes members to leave, says church’s Tongan minister

The continuous move by the Uniting Church in Australia to allow ministers the right to decide whether to marry same-sex couples  will cause members to leave the church, said the congregation’s chair Reverend Hedley Fihaki.

Tongan born Rev. Fihaki made his comments amidst growing unrest within the church as conservative factions push for it to reverse its decision to allow ministers to perform same-sex marriages.

Multiple conservative movements have been gaining force since the church last year gave ministers the right to perform the ceremonies, ABC News Online has reported.

Some are threatening to take control of church property and finances — positioning themselves as alternatives to the main Uniting Church in Australia assembly.

One of the movements is the Assembly of Confessing Congregations.

“The main issue is an issue of faith — what is the Gospel? Same-sex marriage is just one of those issues,” the congregation’s chair Reverend Hedley Fihaki said.

“I think there’s a division not just between the Assembly of Confessing Congregations and the Uniting Church, but [also] … between evangelicals as a whole and the Uniting Church.”

Dr Fihaki said the issue had created an “irreparable rift”, causing members to leave the church.

He said many ministers and congregations had also decided to join the assembly, which was set up in 2006.

“The new decisions that have been made by the [Uniting Church] seem to suggest that it can be other lords, other sexual practices and still be okay,” he said.

“We are saying no, that’s not right, according to our understanding of scripture and the basis of union.”

In a statement in March, the assembly encouraged its members to take ownership of matters of finance, signage and anything else which advances their “unity, life and witness”.

It also suggested members develop their own relationship with other networks, denominational churches and leaders.

In doing so, members claim they have felt the force of church leadership.

Dr Fihaki wrote to Uniting Church in Australia president Deidre Palmer in February to request no further attempt be made to “bully and ostracise” Assembly of Confessing Congregations members and leaders.

“The Uniting Church wants to assert its authority over us, when we’re simply trying our best to maintain our integrity in the way we live and practise our Christian faith,” he said.

“I think the church is too quick to throw regulations at us, without actually sitting down and trying to understand where we are coming from.”

Truly united?

The Uniting Church faces pressure on the issue from multiple conservative factions.

Eight ministers last year penned an open letter — entitled “Standing Firm by Stepping Aside” — rejecting same-sex marriage and vowing to protest until the church reversed its decision.

Some congregations, such as the Gold Coast megachurch Newlife Church, have begun separating themselves by removing the Uniting Church name from their signage.

Reverend Stuart Cameron signed the letter.

He also oversees Newlife and announced the creation of the “Propel Network” which holds “similar priorities” to the Assembly of Confessing Congregations.

The open letter also suggested the creation of a “non-geographic presbytery” which would transcend formal Uniting Church governance to provide a “safe space” for members to pursue their orthodox beliefs.

The creation of a non-geographic presbytery in South Australia called “Generate” will be decided at a meeting of the state synod and presbytery in June.

One entire South Australian congregation is considering returning to its Presbyterian roots.

Monash University sociology expert Gary Bouma said it was possible the groups could eventually split from the Uniting Church.

“When these divisions get to be very heated, there become those who organise themselves in different kinds of ways,” Professor Bouma said.

“Whether [the groups in question] are seeking to establish a new church by themselves, as sometimes happens, or just to have an organised group to represent their view, I’m not sure.

“Certainly, this appears to be a group stepping towards a separate organisation. And that’s happened many, many times before.”

Fighting taking a toll on members

Openly bisexual minister Avril Hannah-Jones completed a doctorate on sexuality within the Uniting Church and said debate on the issue had existed for as long as she could remember.

“The Uniting Church has always been known to be the weird church that talks about sexuality and then welcomesgay and lesbian people,” she said.

“I will feel very sad if people think this is the point at which they can no longer be part of the Uniting Church.

“I think it will be devastating, but I’m sure they’ll be able to find homes in other churches.”

A woman wearing a red shirt with a clerical collar

PHOTO: Reverend Avril Hannah-Jones says the discussion about same-sex marriage has been hurtful. (Love Makes A Way)

Dr Hannah-Jones said she was proud of Uniting Church leadership for embracing a progressive standpoint.

“I think the leadership has a really difficult job to balance the different opinions … I would like it to be more proactive about issues of harassment, but I understand that’s an issue for them,” she said.

Dr Hannah-Jones said the discussion about same-sex marriage had been hurtful and she had been called “evil” and “unchristian”.

“It feels as though they’re arguing in some way that God made a mistake when someone like me was created … and that can be incredibly painful,” she said.

“They’re honestly seeking to do what God’s will is, which is what people like me are also doing.”

Meanwhile, conservative worshippers claim they are being disciplined and isolated for participating in networks like the Assembly of Confessing Congregations.

Members of the Campsie Uniting Church in New South Wales said they were barred from the church and left to worship on the footpath.

Others claim they had been unfairly undermined and micromanaged, with leadership requesting trip itineraries and details of their daily activities.

Reverend Fihaki claimed his efforts to meet with Uniting Church leadership to discuss tension and the issue of same-sex marriage had been denied.

What is the future of the church?

Professor Bouma said the Uniting Church had tried to move forward and adapt to contemporary society and it was not unusual for religious groups to face division on issues like gender, abortion, marriage and euthanasia.

“[The issues are] a kind of litmus test used by some to say, ‘Are you actually following scripture or are you not?'” he said.

Prof Gary Bouma

PHOTO: Monash University Professor Gary Bouma. (ABC Radio)

The Uniting Church introduced the new rite allowing same-sex marriage alongside the traditional statement, giving individual ministers the choice to perform either marriage.

Church councils also have the right to refuse to hold same-sex marriages on church property.

However, Professor Bouma said imposing a single view on an entire denomination could jeopardise religious freedom.

“The Uniting Church never sought to become uniform and that was part of its delight — it held difference in tension and respectfully,” he said.

“The tension is absolute and direct and has to be addressed … the issue fundamentally comes down to is it a difference that can be held within the church or is it one that has to be shoved down the throats [of those] who disagree?

“Can we have difference of opinion on this, or can we have a group demanding that its view be the one that prevails?”

The Uniting Church in Australia refused multiple requests by the ABC for interviews.

In a statement posted to its website, Uniting Church in Australia president Deidre Palmer said the comments provided to the ABC were “in no way authorised by the Uniting Church” and its leaders would “continue to work in good faith” across its “theological diversity”.

“The Uniting Church in Australia Assembly’s decision to recognise two statements of belief on marriage remains in place,” Dr Palmer said.

“This decision allows ministers and celebrants authorised by the Uniting Church the freedom to conduct or to refuse to conduct same-gender marriages.

“I want to reassure all members of the Uniting Church — your rights to follow your beliefs on marriage will continue to be respected and protected.”

-ABC

Rugby league slams door on Folau

This story appears on Radio New Zealand.

Rugby league has firmly slammed the door shut on any chance of Israel Folau’s bid to return to the NRL following his sacking by Rugby Australia.

The chair of the Australian Rugby League Commission Peter Beattie had ruled out allowing the dual international back into the game which made him a star following his social media posts, in which he claimed homosexuals were going to “hell”.

Reports in Australia say Folau was willing to offer the NRL the chance to vet any religious social media posts in exchange for his return.

But Beattie has reiterated his position saying they would not register a contract with Folau in any circumstance.

“Our position on Israel Folau remains the same,” Beattie said.

“We are an inclusive game with respect for all. Israel has social media posts online that go against what our game stands for.

“As it stands, he will not be considered for registration. What Israel chooses to do in relation to his social media posts and his faith is a matter for him.”

ARL Commission chair Peter Beattie

ARL Commission chair Peter Beattie. Photo: Photosport

Rugby Australia tore up Folau’s $5 million, four-year contract after he refused to take down an Instagram post which quoted bible scripture and said homosexuals and other sinners were destined for hell.

Folau was reportedly willing to make concessions to revive his rugby league career but the NRL are steadfast he cannot be trusted as a repeat offender.

He had previously used social media to tell a follower God’s plan for homosexuals was: “Hell.. unless they repent of their sins and turn to God.”

It’s understood the NRL were also angered the story emerged on the day of the State of Origin series opener at Suncorp Stadium.

They also took a dim view after he walked out on the game at the end of 2010 to sign with the AFL.

Folau played 91 games for Melbourne and Brisbane and was one of the game’s biggest stars, making five Origin and eight Test appearances before defecting to rival codes.

AAP

Government plan to rebuild hundreds of homes destroyed in cyclone

The government will spend TP$25 million on rebuilding houses destroyed during Cyclone Gita.

About 560 houses were destroyed when the Category Five cyclone struck the kingdom in February.

Cabinet has approved the Housing Reconstruction Strategy that will guide the reconstruction project.

The project will build timber framed houses with reinforced concrete slab floors and foundations, including electricity, water and sanitation.

People who are having their houses rebuilt will have to contribute a cash deposit of 10% towards the cost.

They will be allowed to nominate their preferred contractor upon the approval by the Ministry of Infrastructure.

The Ministry will supervise the project.

Cyclone Gita was the most intense tropical cyclone Tonga has experienced.

Tonga was the hardest hit of the Island  nations that suffered from the cyclone, with severe damage occurring on the islands of Tongatapu and ʻEua

Two people died and 41 people were injured.

The main points

  • The government will spend TP$25 million on rebuilding house destroyed during Cyclone Gita.
  • About 560 houses were destroyed when the Category Five cyclone struck the kingdom in February.

Lavulavus granted permission to seek judicial review of Auditor Generals’ actions

The Supreme Court has given permission for the owners of a private school charged with fraud after an inspection by the Auditor General’s office to apply for a judicial review.

The review will look at the actions of the audit team and the issuance by the Auditor General of a report in 2016.

As Kaniva news reported last year, the Auditor General’s office said hundreds of students supposedly attending the Unuaki ‘o Tonga Royal Institute   could not be identified and that the Institute should repay TP$553,800 to the Technical  Vocational Education and Training fund (TVET).

Police charged former cabinet minister Akosita Lavulavu and her husband ‘Etuate with using forged documents to support an application by the to obtain supplementary government funding to assist students at their private school.

Police said the Lavulavus were charged after the Auditor General’s office said hundreds of students supposedly attending their private school could not be identified and that the Institute should repay TP$553,800 to the Technical  Vocational Education and Training fund (TVET).

Prime Minister ‘Akilisi Pōhiva dismissed Akosita Lavulavu from cabinet in April 2018.

The auditor General’ office opposed the Lavulavu’s appeal for a review on the ground that no leave has been applied for or granted by this Court, and that even if it was applied for it was  well out of time because it is more than three months since the date of issue of the report on October 2016.

Judge Niu said the Lavulavu’ action was effectively an appeal for a judicial review presented as an ordinary civil action without any leave having applied for.

He said application for review had to be made within three months unless the court found there were good reason for extending that period.

“It is true that the plaintiffs have not properly sought the leave of the Court to file its application for judicial review of the defendant Auditor General’s action and action of his audit team, but no disadvantage or prejudice has been suffered by the defendant because the plaintiffs immediately and continuously pursued their dissatisfaction with the report right up to filing of their claim in this Court in January of this year,” Judge Niu said.

“It is in the interests of  justice that the application of the plaintiffs  for judicial review be heard by this Court and that leave be granted for them to do so.”

“Leave is granted  to  the plaintiffs  to  apply for  judicial review.”

The main points

  • The Supreme Court has given permission for the owners of a private school charged with fraud after an inspection by the Auditor General’s office to apply for a judicial review.
  • The review will look at the actions of the audit team and the issuance by the Auditor General of a report in 2018.

For more information

PM Pōhiva sacks Minister of Internal Affairs Akosita Lavulavu

King may be misinformed about gov’t matters after refusing PM’s meeting requests since dissolution, source claims

The king may have received wrong information about government matters because he has allegedly refused repeated requests from the Prime Minister for a meeting, a reliable source within government has claimed.  

It is understood the Prime Minister and the king have not met for about 18 months. The constitution requires them to meet.

The source said king Tupou VI had been unavailable for meetings with Hon. Pohiva since he dissolved Parliament in 2017. The government was re-elected in a snap election.

Opportunities for cabinet ministers to farewell or welcome the king back whenever he travelled or arrived from international or inter-islands royal trips no longer happened.

That opportunity had now been taken over by members of the nobility, the source said.

It is understood the Prime Minister regularly sent reports on government affairs to the king, but when he asked  for an audience, the palace office allegedly said the king was unavailable. 

Clause 50A (3) of the constitution says: “The Prime Minister shall regularly and as required report to the King upon matters that have arisen with the government and upon the state of the country.”  

Hon. Pōhiva told Kaniva news before the dissolution that he regularly met the king and discussed with him reports on government matters.

The Palace Office could not be reached for comment. Hon. Pohiva’s media spokesperson Lopeti Senituli declined to have a comment.

However, the government’s Chief Secretary, Edgar Cocker, who has taken up the post in February did not deny that the Prime Minister’s requests for an audience with the king had been turned down by the Palace.

Cocker claimed the king was happy with the government’s performance and that anything His Majesty wanted the government to do had been followed through.

He said the Prime Minister’s works for the country were noticeable such as the completion of the Teufaiva national sport stadium, improvements to the roads, and ensuring the country did not suffer a famine.

Because of these, according to Cocker, there was no need for the king to meet with the Prime Minister.

The source, however, told Kaniva news, the problems caused when the king refused to meet the Prime Minister was that it may lead to the king being misinformed on government matters.

He said the king was surrounded most of the time by people who were not in the government and he could meet with his nobles anytime he wanted.

The source said the opportunity for some of the Ministers to meet the king whenever he travelled or arrived from a trip outside Tongatapu, was crucial to the king’s information, as that was the only opportunity for them to update the king about their Ministries.

The main point

  • The king may have received wrong information about government matters because he has allegedly refused repeated requests from the Prime Minister for a meeting, a reliable source within government has claimed. 
  • It is understood the Prime Minister and the king have not met for about 18 months. The constitution requires them to meet.

For more information

Edwards wants king re-dissolve Parliament; Taliai says people will re-elect same gov’t

Tu‘uheava ‘excuted’, wife injured by Comanchero duo in drug deal gone wrong, Crown says

By: Sam Hurley, New Zealand Herald

A young father and his wife were shot several times during an execution-style killing along an Auckland street by three members of the Comanchero Motorcycle Club, a court has heard.

The trial of two of the gangsters, Fisilau Tapaevalu and Mesui Tufui, began today in the High Court at Auckland.

They are accused of murdering Epalahame Tu’uheava and attempting to murder his wife Yolanda (Mele) Tu’uheava, both of whom were shot multiple times on April 30 last year in Māngere.

Tu’uheava, who was a young father also known as Hame or Abraham, died within minutes from his wounds.

Yolanda, however, survived by “some miracle” after playing dead, the court heard.

Viliami Taani, a third Comanchero member described by Yolanda as the “main guy”, pleaded guilty last week to murder and attempted murder.

This morning, Crown prosecutor Claire Robertson told the jury Tu’uheava and his wife were lured into what they thought was a drug deal on Greenwood Rd with “some new guys”.

Tu’uheava and his wife’s life in the criminal world had developed after the pair moved from Auckland to Sydney in 2014, Robertson said.

The pair lived in Australia for three years, where Tu’uheava also became a patched member of the Nomads gang, a splinter group formed originally by Black Power members.

In 2017 the couple returned to New Zealand but during the following year Tu’uheava began selling methamphetamine and also developed a relationship with the Comancheros.

But, Robertson explained, his relationship with the gang soured.

It would lead to Tu’uheava being shot at least seven times, including three times in the head.

“They executed him,” Robertson said.

The trio also “did their best to kill his wife” who was shot at least four times, including twice in the head with a revolver, she said.

After attempting to run and hide from the three Comancheros, Yolanda came out with her hands on head and begged the trio to forgive her husband, the court heard.

But the trio showed no mercy, Robertson continued.

Yolanda only survived, the court heard, after she played dead while her husband was gunned down with a .22 calibre semi-automatic rifle.

The couple were later found by a passing motorist lying on the side of the road.

“By some miracle [Yolanda] was still alive,” Robertson said.

Surgeons, however, were unable to remove one of the bullets from her head because of the risk to damaging her brain.

Police later found the revolver and rifle during a raid on a Te Atatu property.

The court head the killing may have been ordered from Comanchero leadership in Australia.

The three gang members had been given the “green light to kill”, Robertson said.

She added: “It appears there was some bad blood between the Comancheros and Tu’uheava.”

It may have been fallout from a drug deal or robbery gone wrong, Robertson said, but the why is “not something we will get to the bottom of”.

The trial continues.

One person reportedly killed in car crash in Tongatapu

A man has reportedly died in a car crash in Fanga ‘O Pilolevu  during the early hours of Tuesday morning, June 4.

Police attended the crash on Taufa’āhau Rd.

The crash appears to have happened near the roundabout on the by-pass road and Taufa’āhau road, reports on social media this morning said.

Photos circulated on Facebook appear to show emergency staff trying to help at the scene.

Authorities could not be reached for comment.

OPINION: A question of democratic reform

Kaniva opinion

Does Clive Edwards want change in Tonga or not?

In 2014 he told Matangi Tonga the government had introduced reforms to make the kingdom’s judicial system more democratic and in line with the Constitution.

The reforms which were passed by Parliament in August that year abolished the Lord Chancellor, and replaced the Judicial Appointments and Discipline Panel with a Judicial Services Commission.

When Parliament closed on 11 September, 2014, a total of 23 Bills, including those for the reforming of Tonga’s judicial system, and for the appointment of an Anti-corruption Commissioner that were passed by Parliament, were still awaiting the Royal consent.

You can read the Matangi Tonga report here: Judicial Reform In Tonga Awaits King’s Consent

Edwards’ statements in that article appear to show that he and the former Lord Tu’ivakano’s  government believed there had to be changes to Tonga’s democratic system and its constitution after the reforms of 2010.

He said the Justice Ministry brought in constitutional expert, Peter Pursglove to review the constitutional provisions relating to the judicial structure of Tonga. The Ministry arranged to meet with the Law Lords, but they did not turn up and had since tried to block the reform.

However, this is the same Clive Edwards,  who has been a fierce political rival of Hon. Pōhiva for years, who told the people two weeks ago  that the Pōhiva government was trying to remove the king’s powers.

He was referring to the six new Bills the government is trying to move through Parliament. However, Hon. Pōhiva says  the six Bills stem from the initiatives of the Tu’ivakanō government when Edwards was the Justice Minister.

Hon. Pōhiva believes there is nothing sinister about the Bills, but his opponents still hold a grudge against him and regard the page of the new Bills as an opportunity to campaign against his government.

Traditionally it has been taboo in Tonga, for somebody like Hon. Pōhiva to call for changes that might challenge the traditional power of the king , the nobles and the system that supports them.

In 2014, Edward criticised the Law Lords, for standing in the way of reform.

Yet just last year Edwards called for the king to dissolve Parliament and set up an interim government.

Does the veteran politician still want reform and for Tonga to progress as a democratic nation?

Can he put aside whatever personal animosity he has for Hon. Pohiva and work with him for the good of the country?

There are questions we can ask, but only Edwards can answer.

The main points

  • Does Clive Edwards want change in Tonga or not?
  • In 2014 he told Matangi Tonga the government had introduced reforms to make the kingdom’ judicial system system more democratic and in line with the Constitution.

For more information