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Tongan US man gets eight-year prison term for molestation

A Tongan man in San Mateo was sentenced to eight years after he was found guilty of two counts of child molestation.

Latu Lavaki’s sentence came after nearly five months after a jury handed down his guilty verdict for crimes he committed at his Millbrae residence more than a decade ago, according to the San Mateo County District Attorney’s Office.

San Mateo Daily Journal report today said, although the defense attorney for 62-year-old, made a motion for a new trial, a judge denied the motion and sentenced him to eight years in state prison. Lavaki is also not allowed to contact the victim for 10 years, according to prosecutors.

Lavaki was found guilty of molesting a 7-year-old relative during the Christmas break of the 2006-07 school year after luring her upstairs by promising to give her a chocolate bar. Years later, the victim disclosed to older female relatives who admitted they too had been molested by Lavaki as far back as 1985. However, those cases fall outside the statute of limitations, according to prosecutors.

Lavaki, who has been in custody on no bail since his trial ended Sept. 10, will receive 633 days credit for time served, according to prosecutors.

Chief Deputy District Attorney Al Serrato said prosecutors are gratified to see Lavaki receive a sentence commensurate with the serious nature of his crime.

“Victimizing a young child is particularly reprehensible,” he said.

Lavaki’s defense attorney Peter Goldscheider was not immediately available for comment.

Reports of minor damage as cyclone warning cancelled for Tonga

The storm warning previously in force for all of Tonga land areas and coastal waters is now cancelled.

There were reports of fallen trees in Tongatapu as tropical cyclone Neil moving on from Tonga’s northern island groups.

Last night there were unconfirmed reports on social media of ongoing power outages at Hihifo, Tongatapu.

Neiafu town officer Vava Lapota told Kaniva this morning Vava’u was not structurally affected.

He said a few plantain plants and trees were blown down.

The Fua’amotu Met Centre says, a gale warning remains in force for the Niuas, Vava’u and Ha’apai land areas and coastal waters.

It said a strong wind warning is now in force for Tongatapu, ‘Eua, Tele-ki-Tonga and Tele-ki-Tokelau land areas and coastal waters.

The heavy rain warning and flash flood advisory previously in force for all of Tonga is now cancelled.

A heavy damaging swell warning remains in force for all of Tonga coastal waters.

Ex-tropical cyclone Neil also referred to as td07f was located near latitude 20.7 south, longitude 174.9 west or 120km south southwest of Lifuka, 55km south of Nomuka, 50km north northeast of Nuku’alofa and 75km north of ‘Eua at 7am this morning.

This system is moving southeast at the speed of 16 knots (30km/hr).

The maximum winds near the centre is about 30-35 knots (57-67 km/hr) with momentary gust up to 45 knots (87km/hr).

On its current track tropical cyclone Neil’s centre is expected to lie nearest to 45km east northeast of Tongatapu and 35km east of ‘Eua at 10:00am this morning.

Associated clouds with occasional rain is expected to affect the group.

Read more:

Cyclone expected to cross Ha‘apai tomorrow morning, warning in force for all of Tonga

Tropical Cyclone Neil is expected to cross Ha’apai early tomorrow morning.

A storm warning is now in force for all of Tonga land areas and coastal waters.

A heavy rain warning and flash flood advisory has been issued for the kingdom.

A warning for a heavy damaging swell warning remains inforce for all of coastal waters.

AT 7pm category one tropical cyclone Neil was located 175km northwest of Vava’u or 260km north northwest of Ha’apai.

Wind gusts at the centre of the cyclone are 35-40 knots (64-75 km/hr)  with momentary gust up to 55 knots (101km/hr).

On its current track the cyclone’s centre is expected to be 80km west of Vava’u at 1am tomorrow and to cross Ha’apai at 4am.

Rough to very rough seas with a heavy damaging northwesterly swell are forecast for the Niuas.

There is a possibility of flash flood and sea flooding in low lying areas.

For Tongatapu and ‘Eua gusts of up to 55 knots (101 km/hr) are expected by early tomorrow morning.

Rain will be heavy at times with rough seas and there is a chance of flash floods and sea flooding in low lying areas.

Junior Fa to face former French Olympian in US bout; says he’s feeling “10 times better”

Junior Fa will fight in this year’s Arnold Classic Bodybuilding Championships in Colombus, Ohio.

Fa, who is ranked 12th in the World Boxing Organisation World heavyweight rankings, will fight France’s Newfel Ouatah.

Ouatah competed in the 2008 Olympics and has won 16 out of his 18 fights.

The championships will be held from February 28-March 3.

More than 200,000 sports and fitness fans are expected to attend to watch more than 22,000 athletes compete in 80 sports and events, including 16 Olympic events.

Fa has been coping with fatigue caused by low iron and haemoglobin levels and has had surgery after gastric surgery and biopsies for cancer.

As Kaniva news reported last October, Fa has maintained his winning streak, he found himself exhausted after his fights.

Fa won his last two fights in the US against Craig Lewis and Fred Latham, but his fights were described as sluggish.

His most recent victory was over Rogelio Omar Rossi in Christchurch.

His mid 2018 victory over Mexican champion Luis Pascual in Auckland was described as “uninspiring.”

However, American promoter Lou DiBella said he was sure Fa would bounce back from his illness, after good sparring with WBC champion Deontay Wilder last November.

“He looked great,” says DiBella.

“The champ was very complimentary about what he thought Junior’s potential was.”

Fa said he was “10 times better” than he was before.

Fa will be joined on the card by new City Kick Boxing teammate Hemi Ahio.

The New Zealand heavyweight champion is back from almost three years in the boxing wilderness, caused by a management dispute.

The main points

  • Junior Fa will fight in this year’s Arnold Classic Bodybuilding Championships in Colombus, Ohio.
  • Fa, who is ranked 12th in the World Boxing Organisation World heavyweight rankings, will fight France’s Newfel Ouatah.
  • Ouatah competed in the 2008 Olympics and has won 16 out of his 18 fights.

For more information

Junior Fa lines up US fight with Schwarzenegger, Stallone ringside

After surgery, Junior Fa looking for knockout victory in the ring before end of the year

Implication of “foul play” says director, as photos show suspicious rope tied to internet cable 

A director at Tonga Cable Ltd said photos taken at the site of the damage to the kingdom’s international and domestic submarine internet cables appeared to show the break was not accidental.

Speaking to Kaniva news this afternoon, director Paula Piveni Piukala said he could not rule out “foul play” as the reason the cable broke and plunged the kingdom into a virtual internet blackout for almost two weeks.

People were unable to make international phone calls after January 20.

Photos obtained by Kaniva news show what appears to be a pink coloured rope tied to what looked like broken internet cables.

Piukala confirmed the photos were taken at the site where damage to the international and domestic submarine internet cables was located last week.

“Io koe ta koena meihe maumau he cable,” he said in Tongan.

In English this translates as “Yes, those photos were from where damage to the cable occurred.”

Asked to tell us what conclusions he drew from the photos, Piukala appeared to be baffled by the situation.

“Koe natula oe maumau oku tuhu pe kihe sabotaged pe koe foul play,” he said.

This translates into English as: “The nature of the damage points to sabotage (sic) or foul play.”

He said he believed the damage was not due to “negligence or an act of nature. The only other cause left is sabotage or mana faka’otua (godly miracle).”

“As much as we don’t like it to be but we can’t look away from possible sabotage,” he told us this afternoon.

He said an investigation was still underway to find out the exact cause of the problem.

Kaniva news understands Tonga Cable was expecting a final report from experts who were working on board the cable vessel Reliance to find out the cause of the damage.

The first part of the cable where the damage occurred was lying at a depth of 15-17 metres, Piukala said.

He said the pink rope in the photos was found about 7.7 km from the cable’s base in Sopu.

A second break was found about 14.1 km from the base.

Tongan Cable authorities previously said they thought a large ship had caused the damage by dragging an anchor along the seabed.

Before that, Tonga Cable said in a statement the fault was apparently caused by a “magnetic storm” and “lightning.”

The main points

  • A director at Tonga Cable Ltd said photos taken at the site of the damage to the kingdom’s international and domestic submarine internet cables appeared to show the break was not accidental.
  • Speaking to Kaniva news this afternoon, director Paula Piveni Piukala said he could not rule out “foul play” as the reason the cable broke and plunged the kingdom into a virtual internet blackout for almost two weeks.

For more information

Internet restored after two weeks of outage

AG warning to public comments on Feimoefiafi accused: Comment interferes with course of justice is against law

The Acting Attorney General ‘Aminiasi Kefu has issued a warning against comments by the public regarding the circumstances of the death of Mr Sione Feimoefiafi.

Feimoefiafi, 49, of ‘Uiha, who  became a resident of Oregon, died at Vaiola hospital on Monday night following an afternoon brawl at the Tali’eva bar in Nuku’alofa.  

Five men have been arrested and are in Police custody facing various charges in relation to his death.

Police said they could not release further details at this stage while their investigation continues.

Kefu said the charges against the accused are likely to be prosecuted in the Supreme Court in due course.

But the outcry against the accusations and the presumed guilt of these men by members of the public has spilled over into social media.

“The Attorney General’s Office is prepared to criminally prosecute any person who makes public comments that it believes amounts to contempt of Court, interferes with the course of justice contrary to section 65 of the Criminal Offences Act, or issues threatening documents contrary to section 111 of the Criminal Offences Act,” it said in a statement this morning.

This is the statement in full:

The Attorney General’s Office wishes to express its serious concerns regarding the extent of public comment regarding the circumstances of the death of Mr Sione Feimoefiafi of Portland, Oregon, United States of America, that occurred on Monday 4 February 2019 in Nuku’alofa.

The public should be now fully aware that Tonga Police announced on Wednesday 6 February 2019 that certain persons were charged in the Magistrates Court for the murder of Mr Feimoefiafi, and these charges are likely to be prosecuted in the Supreme Court in due course.

The public comments have reached a point that persons may be criminally prosecuted for contempt of Court, or interference with the course of justice contrary to section 65 of the Criminal Offences Act, or sending threatening documents to family members, especially the children, of accused persons, contrary to section 111 of the Criminal Offences Act.

The determination of whether these accused persons are responsible under the laws of Tonga for the death of Mr Feimoefiafi, is a Constitutional and legal duty for the Courts of Tonga, and no one else.

 It is not for the public to decide as to who has legal responsibility for the death of Mr Feimoefiafi on the radio, the newspapers, the internet or in general conversations.

 The determination will be made in a Court of Law, judged by an independent judge, and an independent jury, if the accused persons so elect.

The Attorney General’s Office therefore wishes to advise the public to please exercise restraint, and to refrain from making public comments regarding the facts leading to the death of Mr Feimoefiafi.

Public comment that amounts to contempt of Court includes public comment that has a real risk of interfering with the Courts’ duties and functions to exercise due and proper administration of justice. 

 It also includes, and more particularly to this incident, public comments that may influence persons, who may be selected as jurors to make factual assessments and to render a verdict on guilt, to have prejudice or sympathy regarding those involved in the incident.

The Attorney General’s Office is prepared to criminally prosecute any person who makes public comments that it believes amounts to contempt of Court, interferes with the course of justice contrary to section 65 of the Criminal Offences Act, or issues threatening documents contrary to section 111 of the Criminal Offences Act,” it said in a statement this morning.

Members of the public are therefore requested to demonstrate that the rule of law still prevails in Tonga, and that we, as a nation, honour and protect the independence of the judiciary, and the rights to a free trial for all accused persons who are charged before our Courts, regardless of the severity of the crime they are charged with.

Feimoefiafi’s boxing and kava fans shattered by his death as family mourns in Oregon

Thousands of people have taken to social media to show their respect and grief over the death of US-based Tongan Sione Feimoefiafi.

And his children have spoken to US television about their father and how he inspired them.

Feimoefiafi, 49, of ‘Uiha, who  became a resident of Oregon, died at Vaiola hospital on Monday night following an afternoon brawl at the Tali’eva bar in Nuku’alofa.  

Five men have been arrested and are in Police custody facing various charges in relation to Feimoefiafi’s death.

Feimoefiafi was at the bar to watch the super bowl league tournament.

A source claimed the fight broke out after Feimoefiafi bantered with the men after the New England Patriots defeated the Los Angeles Rams.

A post on Facebook appears to come from a person who claimed he confronted Feimoefiafi before the incident occurred.

He alleged that he wrestled Feimoefiafi to the floor before the other men kicked and punched them both.  

The person who made the post appeared to want to apologise to Feimoefiafi’s family.

A spokesperson from TASANOC has confirmed that Feimoefiafi was a former Tongan national boxer who represented the kinghdom in regional boxing tournaments.

Musical talent

A video clip shared on Facebook showed Feimoefiafi playing a guitar while performing a solo song to entertain kava goers and friends during a kava session.

Kava commenters said Feimoefiafi was amiable, friendly and big-hearted.

They said his musical talent made him unforgettable.

Paul Quinn Ta’ai told Kaniva news he met Feimoefiafi in Portland when he traveled there three years ago.

Ta’ai, a kava goer and an acoustic band player, said he knew Feimoefiafi when he grew up in Matahau while he was training there as a boxer.

He said he met Feimoefiafi at a kava party in US and Feimoefiafi invited him for lunch. They played music together during kava parties.

“I feel really sorry for his loss. He was a kind-hearted man,” Ta’ai said.

It is understood Ta’ai was one of many Tongans Feimoefiafi befriended and invited for a meal when they arrived in the US.

Boxing talent

Former boxer Maukakalaipakulaa Samiu Anitoni said Feimoefiafi was his very close friend and they excercised and trained together while they were boxing.

He said Feimoefiafi represented Tonga during the south Pacific Mini Games in the kingdom in 1989.

Anitoni said Feimoefiafi also represented Tonga in the Oceania boxing games.

He said he remembered Feimoefiafi as a man of good character.

Children speak

Feimoefiafi’s son told Fox News in Oregon his father had been his  main source of motivation and definition.

“Now that he’s gone, he’s even more of my motivation. I’m doing it for him, he really brought me joy,” 17-year-old Takanga Feimoefiafi said.

Last night members of his family in Oregon attended a basketball match where his 16 year old daughter Tala was playing.

“It was hard playing in the game, every struggle I went though, it went back to my dad,” Tala said.

“Every game I played in, he always came, so I was looking in the stands every time I scored a point or anything,” Tala said.

A GoFundMe page has been set up to help pay for funeral expenses and support Feimoefiafi’s family.

The main points

  • Thousands of people have taken to social media to show their respect and grief over the death of US-based Tongan Sione Feimoefiafi.
  • Feimoefiafi, 49, of ‘Uiha, who  became a resident of Oregon died, at Vaiola hospital on Monday night following an afternoon brawl at the Tali’eva bar in Nuku’alofa. 
  • Five men have been arrested and are in Police custody facing various charges in relation to Feimoefiafi’s death.

For more information

Portland man killed in bar fight while visiting Tonga

Maroons attempted to poach Jason Taumalolo for 2019 Origin series, reports

Queensland’s bid to poach North Queensland Cowboys powerhouse Jason Taumalolo for this year’s State of Origin tilt looks to have been vetoed by NRL chiefs.

Maroons bosses have reportedly made moves to see if the wrecking-ball backrower could be cleared to quit Tonga and become available for their side for this season’s clashes with NSW.

But the NRL have blocked the move because Taumalolo has earned 10 Test caps for New Zealand, a tier-one rival to Australia, News Corp reports.

The juggernaut forward confirmed his allegiance to Tonga last June after representing the Kiwis at the 2017 World Cup.

“Under current RLIF (Rugby League International Federation) rules around eligibility, players cannot represent two Tier One nations,” a NRL spokesman said.

“If Jason Taumalolo were to play for Queensland, he would need to make himself available for Australia.”

Janet Tupou: Speaking life into your goals and seeing dreams come true

By Dr Janet Tupou

Hand over heart, speaking life into your goals and dreams can see them come true.

After sitting in my first ever lecture at university, I knew that I wanted to be the one on the other side of the lectern. Week after week for three years in my undergraduate studies, I failed to see any Māori or Pasifika educators on the stage.

It was during those years that I set out the goal to be a university lecturer to inject some diversity into that space. Six years on, you can find me in front of the lecture stage and classroom, doing just that.

After completing a Bachelor of Communications Studies and honours degree, I began studying a Masters focusing on emotional labour. In other words, I call it ‘mastering the art of wearing different masks.’

As I was studying, I began teaching on undergraduate papers, the very same ones I had taken a few years back. It was such a surreal moment, to be lecturing alongside the same educators that once taught me. And it still is.

I then began studying a PhD called (De)constructing Tongan Creativity: A talanoa about walking in two worlds, which was recently awarded. The topic came to me after noticing a lack of scholarship around creativity in Tongan culture while I was teaching.

I wanted to show all sides of the story, particularly from a Tongan perspective. I therefore wanted to explore what creativity meant for Tongan people, specifically Tongan youth in New Zealand, and that’s exactly what I did.

Identity crisis
Creativity is seen as a concept that can be seen as a threat to the Tongan culture. For example, for Tongans who are born in New Zealand, there can be an identity crisis in how to express one’s Tonganness in a Western world.

I found there is a lack of awareness of how much creativity and studying creative subjects at a higher level can better Tongan people.

My passion of exploring the notion of creativity at a deeper level is also put into practice in my teaching approaches, by way of allowing students to share their creative outlooks, voices and perspectives on any given topic that is discussed in a safe space. At the same time, to back up my talk, I walked the walk by studying my Graduate Diploma in Tertiary Teaching.

As well as lecturing full time, I am also a part time real estate salesperson. I use my skills to help educate and shed light on the complicated terminology and processes in this industry that often exploits people. How did I get to where I am today?

As a Christian, my faith has helped me power through achieving goals. Supportive family and friends, commitment and taking up incredible opportunities at institutions such as AUT has also played a huge part in my journey.

My ultimate goal as a teacher is to nurture belief in students to dream big and to achieve big. The classroom is my space to encourage students to be the best versions of themselves, because “Hand over heart, speaking life into your goals and dreams can see them come true.”

Dr Janet Tupou is a lecturer in Communication Studies and chair of the AUT School of Communication Studies diversity committee. This article was first published by Spasifik magazine and is republished by Asia Pacific Report with permission. Kaniva has a republication arrangement with Asia Pacific Report.

“It needs dedication, commitment, perseverance,” says Tonga new Chief Secretary Edgar Cocker

Tonga’s newly appointed Chief Secretary and Secretary to Cabinet Edgar Cocker said he was prepared to dedicate his life and commit to the job.

He said his role was to give the Prime Minister correct advice and help with government’s roles in growing the country’s economy.

The Public Service Commission has announced the appointment today.  

The announcement comes after Kaniva news and other media have reported last week Cocker has been picked by PSC for the role.

In his role as CEO of the Ministry of Commerce, Consumer, Trade, Innovation and Labour, before he was appointed to the new job, Cocker was instrumental in pushing for Tonga to support the PACER Plus trade agreement.

He also traveled to other Pacific islands incuding Samoa to discuss opportunities for Tonga’s exports.

“This is a national task of providing the correct advice to the PM on how to grow the economy, which also include the professionalism of devising and implementing of Government priorities,”Cocker said.

“It needs dedication, commitment, perseverance, speed, analytical skills and strategic thinking.”

Cocker holds a Master of Business Administration (1991) and a Master of Science in Community Economic Development (1990) from New Hampshire College (now Southern New Hampshire University), New Hampshire, United States of America.

Cocker was previously appointed to the public service in 2007 as the Director of Tourism.

He also held various positions in the private sector including Shipping Corporation of Polynesia Ltd, Tonga Water Board, Friendly Islands Marketing Corporation from 1982 to 1992.

From May 1992 until December, 2000 Cocker was the Marketing, Trade, Investment and Product Development advisor for the Pacific Islands Forum Secretariat (PIFS), Fiji.

He was the director for the Cooperative Research, Education and Extension Services under the US Department of Agriculture (USDA), at the US Territory of Northern Mariana Islands from 2001 to November, 2005.

The post of the Chief Secretary became vacant in July 2018 after former chief secretary and secretary to cabinet, Dr. Palenitina Langa’oi Tiueti, tendered her resignation.