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Reports say Pōhiva and PSA win against Tongasat US$25 million illegal transfer court case

By
Kalino Latu
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Prime Minister ‘Akilisi Pōhiva and PSA have won a major court case against Tongasat company which took US$25,450,000 from government.

It is understood the Supreme Court has ruled that the payment of the money to Princess Pilolevu’s satellite company was illegal.

The Minister of Police Mateni Tapueluelu told Kanva News this evening he has just received a report from Prime Minster ‘Akilisi Pōhiva about the outcome of the legal battle.

The money was paid by the Republic of China to the Government of Tonga in May 2011 and was paid to Tongasat in around June of that year.

Prime Minister ‘Akilisi Pōhiva argued that the payment was unlawful within the meaning of the Public Finance Management Act.

Hon Pohiva, who began the case in 2013 when he was in opposition, wanted Tongasat and the Princess to pay back the money to the government.

This is breaking news.  More to come.

Power outage affecting traffic around Counties Manukau

By
Kalino Latu
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Counties Manukau Police are warning motorists to avoid the area around Cavendish Drive in Manukau after a power box outage at the Cavendish Drive and Sharkey St intersection.

Contractors are working to restore power, however power will be out for at least an hour and this is affecting traffic lights in the surrounding area.

The outage is already causing significant traffic disruption and motorists are urged to avoid the area this morning if possible.

Smoking toddler, 2, has 40 cigarettes a day habit in Indonesia

By
Kaniva Staff
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By Joshua Nevett (Daily Star)

Horrifying images show carefree two-year-old Rapi Ananda Pamungkas toking on a cigarette as his smiling mother watches on.

At just two months old, the toddler started smoking by picking up cigarette butts off the floor near is mum’s market stall in Sukabumi, Indonesia.

Rapi’s taste for fags escalated when shoppers passing by the marketplace began giving him cigarettes, encouraging his filthy habit.

Almost two months on, Rapi is in the throes of addiction and is said to smoke at least a pack a day.

 

His mum Maryati, 35, said: “It started with picking up cigarette butts and now he’s smoking.”

She has confessed that she keeps feeding his insatiable habit to prevent him from flying into a rage.

Maryati said he “cannot sleep” and starts “rampaging and crying” unless she buys him a pack of fags every day.

She said every time she and her husband Misbahudin try to wean him off them, he throws hysterical tantrums.

Court denies prisoner sentenced in case of premeditated violence leave to appeal

By
Philip Cass
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The Court of Appeal has refused an application for leave to appeal from a prisoner serving a sentence for causing grievous bodily harm.

Saia Naufahu was sentenced by Mr Justice Cato in the supreme Court to five and half years in prison for causing grievous bodily harm and given a concurrent sentence of 10 months for domestic violence.

Naufahu pleaded guilty to both charges after he committed the crimes in 2015.

In what the court described as a serious case of premeditated  violence,  Naufahu poured boiling water on his wife, causing burns to 35%-40% of his wife’s body, resulting in permanent scars and damage to her hand and eye.

The Court of Appeal refused to grant Naufahu time to appeal and said that in any case his appeal would have failed.

The Court said the prisoner had not explained why he had waited for more than two years to appeal.

The grounds advanced by the appellant in support of his proposed appeal were clearly hopeless and no purpose would be served in granting leave to appeal in any event, the Court was told.

The first ground of appeal was that Justice Cato failed to take into account that the victim was alleged to have committed adultery, based on a claim that this was recognised as a matter of extreme provocation by section 89(c) of the Criminal Offences Act.

The Court was told this part of the application was “misconceived” and that the section applied in cases of culpable  homicide.

Arguments that Judge Cato did not take into account Naufahu’s family and personal circumstances were described as incorrect.

Naufahu’s also claimed he should have been given a one third reduction in sentence because he pleaded guilty. The Court of appeal was told that in fact Judge Cato had in fact reduced more than 30% of the sentence.

“There can be no suggestion of error on the part of Justice Cato on any of the grounds advanced by the appellant and the sentence was clearly not excessive,” the Court of Appeal was told.

“The application to appeal is dismissed.”

Online community rallies behind Tongatapu family who lost a house to fire

By
Kalino Latu
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The Tongan online community was rallying around a family after their home went up in flames over the weekend in Koloua ‘O Kolomotu’a, Tofoa.

The details of the fire and its cause were still unknown.

Witnesses said it was just about 9pm on Monday when members of a kava club from across the road noticed the fire erupted in the house.

No injuries reported in the house fire.

Fire crews arrived, but couldn’t save the inside of the home and their belongings from destruction.

However they were able to save part of the property, which were belonged to Hei and Siaosi Hafoka.

It is understood the family now lived in that part of the building.

“Wow so sad prayers for the family. Whose property is this?” a commenter said on Facebook.

“Oh poor family,” another wrote.

The Fire Service had been contacted for comment.

Folau sick and tired of multiple Bledisloe Cup defeats

By
Kaniva Staff
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By Tom Decent (Sydney Morning Herald)

Wallabies star Israel Folau admits he is sick and tired of losing the Bledisloe Cup year after year but believes foundations built late last year have put Australia in a strong position to strike the first blow in Saturday’s Rugby Championship opener in Sydney.

Folau has been through five Bledisloe series defeats since making his debut in 2013 and is over watching New Zealand’s dominance that stretches back to 2003 in rugby’s most famous rivalry.

“It’s been a pretty tough time when it comes to this time of year,” Folau said. “It’s something as players you really get sick of being on the losing end of things … it’s not rocket science that you definitely want to win it.”

Words mean nothing come kick-off on Saturday night at ANZ Stadium but constantly being beaten by the Kiwis is not something that sits well with the Australians.

Jubilation on the faces of Wallabies players after their tense 23-18 victory over the All Blacks in October was a telling reminder of just how much it meant to them, even if the third and final fixture was a dead rubber.

The All Blacks haven’t forgotten that evening at Suncorp Stadium, in particular their coach Steve Hansen. He might be living in fantasy land by saying the Wallabies are favourites for this all-important first match but Michael Cheika’s men did show a big improvement in Brisbane compared to the horrendous rugby they dished up in Sydney this time last year.

“Off the back of last year, I thought we built a really good foundation within our team internally,” Folau said. “We came so close there in the second game and we managed to get the win in the third one … but I think that was just a good taste of the potential that the team can fulfil.

“I feel the guys can take a lot of learnings out of that and go into this week really confident that we can put our best foot forward.”

After speculation Folau might move away from the No.15 jersey he has made his own, he all but confirmed on Tuesday he would stay at fullback.

Cheika will officially name his Wallabies team on Thursday but players are usually told on the Tuesday of a Test week whether or not they will be in the starting XV.

“I’ve been training at fullback … I haven’t been training anywhere else,” Folau said. “Whatever decisions that Cheik makes, it’s best for the team, but I don’t see myself playing any other position other than 15.”

Folau was pressed on a Fairfax Media column written last week by Wallabies great Matt Burke that said the 29-year-old was not yet a “great player” and had plenty of aspects of his game to work on.

Coming from arguably Australian rugby’s greatest fullback, one would expect Burke’s comments to rile Folau.

He certainly wasn’t letting on if they did before training on Tuesday, saying Burke was entitled to his opinion.

“There’s absolutely nothing wrong with that if he believes that,” Folau said. “From my point of view I’m always looking to get a lot better as a player and I never want to get comfortable. It’s no hard feelings towards anyone who says what they feel. It’s all part and parcel of what comes with it.

“It’s something I’ve kind of got used to over the last couple of years. It definitely doesn’t affect me in any kind of way.”

Speaking of not being affected by things, Folau has made it clear he won’t change his approach to aerial contests after being suspended by World Rugby for a dangerous challenge with Ireland captain Peter O’Mahony during the June series.

“I believe my technique is fair play,” Folau said. “I’ll attack the ball at every opportunity I get to try and win possession for the team. That mindset for myself won’t change.”

PI countries should collectively ask China to forgive their debts, says PM Pōhiva

By
Kaniva Staff
-

SAMOA OBSERVER / PACNEWS

Tonga’s Prime Minister ‘Akilisi Pōhiva has cautioned Pacific Island (PI) nations, saying they should “slow down” asking China for loans.

Speaking on the sidelines of the one-day Forum Foreign Ministers conference in Apia last Friday, the Prime Minister told Samoa Observer in an exclusive interview that the debts that Pacific Island states owed to China should be on the agenda at next month’s Pacific Islands Forum (PIF) Leaders Summit in Nauru.

“Each of the Pacific Island (states) owes debts to the Chinese Government and this should be an issue on the agenda of the Pacific Islands Forum Leaders meeting next month.

“This should be an issue where the Pacific leaders should dialogue and openly discuss ways to deviate from this predicament. We need to discuss the issue.

“All the Pacific Island countries should sign this submission asking the Chinese government to forgive their debts and to me that is the only way we can all move forward, if we just can’t pay off our debts,” he said.

Tonga reportedly owes the Chinese government US$160 million in debts and had its request for the deferral of the loan repayment or their conversion into grants knocked back by Beijing.

Pōhiva, during the interview, confirmed the stalemate with the Chinese government and revealed that they will start repaying the loan next month.

“Nonetheless, we will start paying the principals for the loans. By September, 2018, we anticipate to pay US$14million, which cuts away a huge part of our budget. We’re supposed to start paying last two years, but we couldn’t afford it, hence the delay and we will pay this year.”

The loan from the Exim Bank of China was used to rebuild Nukualofa after the riots in 2006. Pōhiva said Papua New Guinea, Samoa, Solomon Islands and Vanuatu also have loans from China.

Speaking of the debt burden that his country currently faces, Pōhiva said he also raised it in a meeting with the Japanese ambassador.

“We’re supposed to start paying last two years, but we couldn’t afford it, hence the delay and we will pay this year.

“The debt burden is so much and I have met with the Japanese Ambassador who is very sympathetic with our situation. Even the Japanese government knows we cannot afford to pay the loans.

“And we have to find ways to comply and that is the cost of being so dependent on the donor partners to do the developments for small island states.”

Pacific Island nations have two options, says the Prime Minister, either they pay off their debts or the Chinese government extinguishes them.

“There are two options either we pay it or forget about it. And what I mean by that is have the Chinese Government forgive our loans.

“One issue for certain is that we don’t want the Chinese government to take the assets used as collateral for the loan, and when we don’t request for loans, we will not be aligned with the developments of the world it is today.”

Pōhiva said he is mindful of the consequences of defaulting in their loan repayment, which could see China claiming possession of state-owned assets such as buildings.

“If we fail to pay, the Chinese may come and take our assets, which are our buildings and that is why the only option is to sign a submission asking the Chinese Government to forgive our debts,” he said.

He said some lessons that could be learnt from the Chinese and Pacific nations loans controversy is for the funding recipient to begin debt servicing on time and avoid loans that the national budget will struggle to repay.

Kaniva News has a republication arrangement with PACNEWS

Electricity Commission dismissal, complaints, escalate into war of words on internet

By
Kalino Latu
-

Complaints by dismissed Electricity Commissioner Interim CEO Paula Tupou have escalated into a war of words on the internet with the man who fired him, Finance Minister Pōhiva Tu’i’onetoa.

As Kaniva News reported, Hon Tu’i’onetoa terminated Tupou’s contract with the EC, claiming he was unable to perform his functions of the office of the Commission.

Hon Tu’i’onetoa complained that he had received too many e-mails from Tupou after he was sacked.

The Minister told Tupou he believed he was troubled by his dismissal and begged him to cool down.

The Minister told Tupou in an e-mail that he had complained about the appointment of outgoing lawyer Seinimili Tu’i’onetoa Fonua, claiming it was illegal, but said  Cabinet had the power to appoint her.

As we reported, the Minister of Finance said his appointment of his niece, Fonua, as a Commissioner of the Electricity Commission did not breach the government’s employment regulations.

However, Tupou rejected the Minister’s claims.

“You will not be tried by the Cabinet. You will be tried by a Judge according to Law not according to Cabinet decisions,” Tupou claimed.

Complaint to Ombudsman

Tupou has also lodged a formal complaint against Hon Tu’i’onetoa with the ombudsman.

He claimed the Minister breached the Public Service Act 2010 (Section 19), code of ethics and conduct for the public service rules by allowing Fonua to be a commissioner for more than nine months.

He claimed the Minister had the sole authority, according to the Act, to dismiss Electricity Commissioners for misconduct and he had failed to dismiss Fonua until what he claimed was her illegal employment was exposed in the media and forced her to resign on August 2.

For more information

New EC commissioners appointed; govt terminates Interim CEO Paula Tupou’s contract

Lawyer Fonua resigns amid PSC probe; EC complains to Tonga Law Society

Two at centre of probe into electricity body to face each other in court

Tonga strengthen efforts in the fight against financial crimes

By
Kalino Latu
-

The Office of the Attorney General has announced its preparation for the evaluation of Tonga’s legal framework to combat money laundering and the financing of terrorism and proliferation of weapons of mass destruction.

The Attorney General’s Office wishes to announce that Government Ministries and Agencies are preparing for the evaluation of Tonga’s legal framework to combat money laundering and the financing of terrorism and proliferation of weapons of mass destruction.

This evaluation will be conducted by the regional body known as the Asia Pacific Group on Money Laundering (APG) in 2019/2020.

Tonga was a member of the Group since 2005.

This includes the Attorney General’s Office, the National Reserve Bank of Tonga, Tonga Police, the Ministry of Revenue and Customs, the Ministry of Commerce, Consumption, Trade, Innovation and Labour, and the Ministry of Foreign Affairs.

Tonga first underwent its first mutual evaluation in 2009/2010, and the APG adopted and published Tonga’s first mutual evaluation report in 2010.

Tonga will be assessed against the internationally accepted standards known as the

Financial Action Task Force’s 40 Recommendations on the International Standards for Combatting Money Laundering and the Financing of Terrorism and Proliferation, which were revised in 2012, and amended in 2017.

The assessment will involve two parts. First, Tonga’s technical compliance with the recommended international standards. This involves an assessment of Tonga’s legislation and institutional framework, and the powers and procedures of its competent authorites to implement the recoemmended international standards.

The second aspect of the evaluation, is an assessment of the effectiveness of Tonga implementing its legal framework to combat money laundering and financing of terrorism and proliferation in order to mitigate risks that exist within Tonga from money laundering, and terrorist and proliferation financing.

Tonga’s efforts will be led by the Cabinet Committee on Money Laundering and Terrorist Financing Activities that was established in 2003, and the preparation for the mutual evaluation will be jointly facilitated by the Attorney General’s Office and the National Reserve Bank of Tonga, and supported by the Ministry of Commerce, Consumers, Trade, Innovation and Labour, Ministry of Revenue and Customs, Tonga Police and the Ministry of Foreign Affairs.

The Government Ministries and Agencies will also be partnering and relying on the critical support of financial institutions and cash dealers in their understanding and compliance with Tonga’s legal requirements on anti-money laundering and the financing of terrorism and proliferation of weapons of mass destruction.

These include entities such as the commercial banks, money remitters, foreign exchange dealers, insurance companies, charitable trusts, lottery operators, real estate agents, precious metal dealers, lawyers, accountants, auditors, tax advisors, trusts and company service providers, and all entities covered under the Money Laundering and Proceeds of Crime Act.

The Secretariat of the APG will soon appoint experts from its Member countries to conduct the mutual evaluation of Tonga in 2019 and 2020. The assessors will visit Tonga

on a number of occasions to conduct the mutual evaluation, and will emet with both Governement and various private sector representatives to obtain relevant information for the evaluation.

The process is expected to end in July 2020 with the adoption of the Mutual Evalaution Report of Tonga during the APG Plenary meeting, and the subsequent publishing by the APG of that report in September 2020.

The mutual evaluation process is important for Tonga so that it maintains a good standing in international finance, and also establishes that Tonga has a strong reputation of effectively implementing its legal framework on combatting money laundering and the financing of terrorism and proliferation of weapons of mass destruction.

If Tonga does not do well after the mutual evaluation, international finance with Tonga may be limited or abolished, because there will be decreased in credibility of Tonga in combatting these crimes of money laundering, terrrosim and proliferation, which may lead in a decrease of foreign investors investing in Tonga, or a decrease in the establishment of businesses for the employment of Tongans.

In the last APG Plenary meeting that was held in Kathmandu, Nepal on 21 to 27 July 2018, the mutual evaluation report of the Cook Islands was adopted, and it was accepted that the Cook Islands was compliant or largely compliant with 38 of the 40 recommendations. The Acting Attorney General and Director of Public Prosecutions, Mr ‘Aminiasi Kefu, was part of the assessment team that conducted the mutual evaluation of the Cook Islands in 2017/2018, together with five other assessors from Australia, Fiji, Samoa, Tonga, Peoples’Republic of China and Hong Kong China.

The mutual evaluation report of Vanuatu, which was adopted by the APG Plenary meeting in 2015, was also reviewed by the APG in Kathmandu, Nepal, and the APG Plenary meeting accepted that Vanuatu was compliant or largely compliant on 39 out of the 40 recommendations.

The adoption of the Cook Islands mutual evaluation report and the upgrading of the Vanuatu mutual evaluation report has placed these two Pacific Islands countries as two of the best in the world in implementing the international standards on combatting money laundering and the financing of terrorism and proliferation.

According to the Acting Attorney General and Director of Public Prosecutions the mutual evaluation will involve a lot of work, and so the collaboration and support of Government is required to amend the laws, policies and procedures within Government Minsitries and Agencies, and also the financial institutions and cash dealers, and so he called upon for all these entities to work together to deliver a good image of Tonga in this area.

No sign of Tonga in NZRL calendar says it all for fans still hoping for clash with Australia

By
Philip Cass
-

Any Mate Ma’a supporters still hoping to see a Tonga-Australia game in Auckland only have to look the NZRL calendar to have their last hopes dashed.

New Zealand Rugby League’s online calendar  shows the Tuakana Maori rugby tournament on October 20, not the Tonga-Australia clash fans had hoped for.

Two days ago the Sydney Morning Herald claimed the NZRL was opposed a clash between the triumphant upstart Tongans and Australia in Auckland.

It blamed the New Zealand Rugby League for being lukewarm about the proposed match.

The Australian newspaper quoted NZRL boss Greg Peters as not being keen on a Tonga-Australian game because it would come a week after an all Blacks-Australia clash on October 13.

It said Peters denied the NZRL was snubbing the Tongans as payback for the New Zealand-based players, such as Jason Taumalolo, who opted to play for Mate Ma’a instead.

During its surge towards the semi-finals Tonga defeated New Zealand

“It’s the first time we’ve played Australia in New Zealand for four years,” Peters said.

“Other than the World Cup, we’ve had precious little [international rugby league] in our own market.”

Plans for a Tonga-Australia match first surfaced late last year when Kangaroos coach Mal Meninga gave his backing to a test in Hawai’i some time this year.

Australia’s Daily Telegraph reported at the time that negotiations were under way to stage the game in Honolulu’s 50,000-seat Aloha Stadium.

The Honolulu game never happened and over the weekend the Sydney Morning Herald said a decision on whether an Auckland game went ahead would be made in the next 48 hours.

The NZRL calendar appears to say it all.

For more information

New Zealand Rugby League torpedoes Australia-Tonga test in Auckland 

NZRL

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