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Man convicted of incest loses appeal for reduced sentence

By
Kaniva Staff
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A man who was convicted of incest after he maintained a relationship with his own daughter has had his appeal for a reduced sentence rejected on March 28.

Sunia Mailau was sentenced to nine years and nine months for crimes occurred in six separate occasions at a house in which he lived with the victim and his second wife.

During his trial the court heard that on the first occasion Mailau forced his daughter to smoke methamphetamine with him before subjecting her to oral sex and other indignities.

On the second occasion he attempted to strangle her with wire and threatened to cut her vagina with scissors.

On the remaining four occasions he raped her. She was a virgin and suffered physical pain and bleeding when he first penetrated her, the court judgement said.

Each time the intercourse was accompanied by indecent assaults including sucking the victim’s breasts.

Justice Cato convicted Mailau of five counts of serious indecent assault, four counts of incest and six counts of domestic violence. He pleaded guilty to a single charge of common assault.

The victim in each case was his daughter, then aged seventeen.

Mailau lodged an appeal in the Nuku’alofa Court of Appeal raising doubt against the Supreme Court judgement regarding the evidence presented against him.

However, the Court of Appeal judges said all decisions by the Supreme Court were consistent with their view that the starting point of eight years adopted by Justice Cato was not out of line with prevailing sentences for incest and entirely appropriate to the offending.

“It was brutal, callous and premeditated,” they said.

For more information

Incest and violence charges lead to long sentence in Supreme Court

Former hotel supervisor jailed for stealing from employer

By
Kalino Latu
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A pay supervisor at a Tanoa hotel who stole $21,299. 00 pa’anga over a seven-month period to finance a luxurious lifestyle for herself had been jailed for two years.

Selemana Fonua, 40, who had worked for the hotel when she was 38 had dishonestly manufactured a false spreadsheet which included the names of a number of fictitious or “ghost” employees thereby inflating the wages bill for Tanoa (Tonga).

By ghost employees, the judge meant employees who  were not entitled to wages during the relevant period.

The court heard Fonua did not accept that she was guilty of any wrongdoing.

She suggested that others were responsible for the fraud, although Mr. Cato said she did not give any evidence herself or advance evidence to support it.

Justice Cato said he considered the starting point of two years and six months adopted by Paulsen CJ to be appropriate in Fonua’s case.

Mr. Cato took into consideration Ms Fonua’s persistent offending over the period, her disregard of her employer’s trust as well as her refusal to accept responsibility,

The final six months of her sentence of two years imprisonment was suspended on the condition that she committed no further offences punishable by imprisonment during her suspension.

Mr. Cato made no order for restitution.

“None was sought and I have no evidence that Ms Fonua is able to repay any part of the sum stolen, in any event.

“On the falsification charge, she is sentenced to 2 years imprisonment to be served concurrently with her sentence on the theft charge.”

Tongan athletes head into weekend after a day of mixed results in Gold coast games

By
Philip Cass
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Tongan boxers Salote Huni and Samiuela Kei compete tonight on the Gold Coats, ending a day of mixed results for Tonga.

Huni is scheduled to compete in the women’s 75kg round at 6.3pm Queensland time (9.30pm New Zealand time) and Kei is scheduled to compete in the 91kg class at 8.17pm Queensland time (11.17pm New Zealand time)

Earlier today Charissa Panuve came second in Heat One of the Women’s 50m Freestyle at the Optus Aquatic Centre with a time of 30:34 seconds. She beat Bunturabie Jalloh of Sierra Leone, who had a time of  38.27. Maayaa Ayawere of Ghana came first with a time of 28.38.

In lawn bowls, Malia Kioa lost 4-21 to Colleen Piketh of South Africa. In her next match she did better against Catherine Beattie of Northern Ireland, losing 13-21.

Tonga is fielding a team of 13 athletes who will be competing in track and field, boxing, lawn bowls, swimming and weightlifting.

Yesterday Malia Kioa defeated Gertrude Siame of  Zambia 21-10.

She also faced Karen Murphy of Australia, who is the current world champion, losing 4-21.

Finau ‘Ohuafi came fourth in the men’s 50m butterfly with a time of 28:00.

In the 69kg bout in the men’s boxing, the judges awarded Stephen Newns of Scotland victory over John Moleni by a margin of  4:1.

Tonga’s swimmers and boxers will be back in the arena this weekend.

Tomorrow, Finau Ohuafi will compete in heat two of the men’s 50 metre backstroke.

Charissa Panuve will compete in heat one of the women’s 50 metre butterfly.

On Sunday, Magan Maka will compete in the first quarter final of the 69kgclass in women’s boxing.

Maka, 24, carried  the kingdom’s flag in the opening ceremony. In 2014 she represented New Zealand at the 2014 games in Glasgow.

The main points

  • Tongan boxers Salote Huni and Samiuela Kei compete tonight on the Gold Coats, ending a day of mixed results for Tonga.
  • Huni is scheduled to compete in the women’s75kg round at 6.30pm Queensland time and Kei is scheduled to compete in the 91kg class at 8.17pm Queensland time.
  • Tonga is fielding a team of 13 athletes who will be competing in track and field, boxing, lawn bowls, swimming and weightlifting.

Police deny hit-and-run reports after man killed in Tongatapu road accident

By
Kaniva Staff
-

Reports early this week said a 51-year-old man died in Veitongo on Tuesday 3 after he was knocked down by a hit-and-run driver on Taufa’ahau main road.

But Police have denied the reports.

Acting Police Superintendent Tevita Vailea told Kaniva News he had been contacted after reports on Facebook wrongly accused the 60-year-old man, who was driving the vehicle at the time of the accident, of hit-and-run.

“’Oku ‘ikai mo’oni e pehe ko e hit and run,” Vailea said.

This translates into English as: “The hit-and-run claim is untrue.”

The victim from Folaha was declared dead on arrival at Vaiola hospital.

The driver, who was also a church minister, stopped and helped the victim before he was rushed to hospital, Vailea said.

Police arrested him after receiving a report of the accident at around 11.30pm.

The accused was charged with careless driving causing death.

Police believed “poor visibility due to bad weather” and high speed were factors in the fatal accident.

Police investigation continues.

Tonga has ‘full support’ in PACER Plus agreement, says CEO 

By
Kalino Latu
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Tonga said New Zealand and Australia have its full support in processing the PACER Plus trade agreement.

The Chief Executive Officer (CEO) of Ministry of Labour and Commerce, Edgar Cocker said the government was working closely with the two countries to revise regulations and frameworks in readiness for the exportation of goods from Tonga to New Zealand and Australia.

Cocker said Tonga is expecting training and technical works as part of the work it did on the preparation process.

“Tonga is in full support of the PACER Plus Agreement,” Cocker told Kaniva News.

“We are currently working closely with NZ and Australia on implementation of the readiness package which includes the revision of the regulatory framework in Tonga and other Pacific Island Countries, the implementation of the trading and export framework, and many more activities to come forward including training attachment, and other technical works, as stipulated,” he said in an email.

“These are to enhance export development from Tonga to NZ and Australia.”

Cocker’s comment came after a report by Matangi Tonga online on March 26 reported the Prime Minister ‘Akilisi Pohiva told local reporters in a press conference the kingdom was no longer interested in the PACER Plus trade deal.

Hon. Pohiva has vehemently denied the report.

“The PACER Plus and its Alternatives outline the region’s current trading arrangements and trade flows, before investigating the options available for a new economic cooperation agreement that is likely to benefit, rather than harm, the Pacific’s development prospects.”

However some analysts said the planned trade deal with Pacific Island nations could be extremely damaging to their economies.

Dr. Cleo Paskal told Radio New Zealand International the New Zealand and Australian authorities were unaware of what was happening with PACER Plus.

Previous PC Panel letter asks cabinet to confirm Police Commissioner’s pay

By
Kalino Latu
-

A letter from the Privy Council’s Appointment Panel in 2015 to former Minister of Police Pohiva Tu’i’onetoa contained a request to Cabinet to confirm what it had agreed with New Zealand on the Police Commissioner’s pay.

The letter, which was written by former clerk of the Panel, Rosamond C. Bing, on 23 January 2015 was intended to ask the government to confirm it agreed with a draft contract of the current police commissioner Steve Caldwell.

Bing wanted to make sure the two governments reached a conclusion on the pay before the Panel recommended Mr. Caldwell’s appointment to the king.

She said the Panel had nothing to do with the commissioner’s pay and because Tonga had no Police Commissioner at the time she asked for an urgent response from the minister.

“Obviously any appointment of actual salary terms for Mr. Caldwell’s appointment must be negotiated between the New Zealand government and the Tongan government and that is not something the Panel is in a position to undertake,” Ms Fonua wrote.

The letter was sent to the Minister and copied to New Zealand’s then High Commissioner in Tonga, Mark Talbot, together with a copy of former Police Commissioner Grant O’Fee’s contract.

Bing wrote: “The Panel has assumed that the same arrangement will apply with respect to the appointment of Mr. Caldwell however before we are in a position to make a recommendation to His Majesty in Privy Council as to what the specific benefits and supplementary should be, we need to know what the government of Tonga and government of New Zealand are willing to contribute to the position.”

“I would be grateful for your urgent confirmation that the government is in agreement with the draft terms so that this can be submitted to His Majesty in Privy Council for approval.”

Commissioner versus the minister

Mr. Caldwell was at the centre of a clash between the Privy Council’s Appointment Panel and the Cabinet after the current Minister of Police Mateni Tapueluelu submitted that the Panel not extend the commissioner’s contract.

The Panel has already indicated it would recommend the king approve Mr Caldwell’s appointment.

As Kaniva News reported, the Privy Council has given Mr Caldwell seven days to respond.

Hon. Tapueluelu has made a number of accusations against the Police Commissioner including alleging his decision making was swayed by a number of corrupt senior Tongan officials in his office.

The former Minister of His Majesty’s Armed Forces Lord Ma’afu told Kakalu ‘o Tonga newspaper  Mr. Caldwell had written to Cabinet and apologised for the signing of a permit by the Deputy Commissioner for the Armed Forces to import 400,000 ammunition after the king dissolved Parliament last year.

Lord Ma’afu  claimed the Commissioner said it was a ‘fehalaaki’ (mistake.)

Hon. Tapueluelu claimed the signing was unlawful and the Deputy Commissioner had no power to sign such letter.

Lord Ma’afu  said Mr. Caldwell did the right thing by apologising when his office made a mistake.

Lord Ma’afu said he believed the gist of the problem was that  Hon. Tapueluelu was unable to sit down together with his Commissioner of Police and talk about why he was not satisfied with his work.

The main points

  • A letter from the Privy Council’s Appointment Panel in 2015 to former Minister of Police Pohiva Tu’i’onetoa contained a request to Cabinet to confirm what it had agreed with New Zealand on the Police Commissioner’s pay.
  • The letter, which was written by former clerk of the Panel, Rosamond C. Bing, was intended to ask the government to confirm it agreed with a draft contract of the current police commissioner Steve Caldwell.
  • Fonua wanted to make sure the two governments reached a conclusion on the pay before the Panel recommended Mr. Caldwell’s appointment to the king.

For more information

Hon Lavulavu denies he told mechanical supervisor to fake TP$1 million valuation, threatens legal action

Minister of Police threatens to stop Commissioner Caldwell’s pay today

Petition complaints nothing new say police, as Commissioner works on cyclone recovery

PM denies report he said Tonga withdrew from PACER Plus

By
Kalino Latu
-

Prime Minister ‘Akilisi Pohiva has denied a news media report saying he told reporters Tonga has withdrawn from PACER Plus trade deal.

The report appeared on Matangi Tonga online in March 26 after a press conference with the Prime Minister on March 23, according to a statement released to news media by the Prime Minister’s office yesterday.

The statement said:

“The article, entitled, “PM’s Cabinet incomplete”, attributed to the Hon Prime Minister the following statement, “The Prime Minister admitted that after he signed the PACERPlus (sic) Trade Agreement, it was discovered to be inappropriate and now Tonga is no longer a signatary (sic) to the PACERPlus (sic) Trade Agreement”.

“I did not make that statement during my media conference on 23 March, nor did I say anything that even suggested, or could be translated or interpreted, that Tonga was no longer a signatory to the PACER Plus Agreement,” Hon. Pohiva was quoted by his Office’s statement as saying.

The Minister of Finance Pohiva Tu’i’onetoa told Kaniva News on Wednesday, following the Matangi Tonga report,  he was unaware of any move by the government to withdraw its involvement in the PACER Plus agreement.

International reaction

The region-wide free trade agreement was signed in Tonga in June 2017.

It has been hailed by proponents as a new kind of agreement that links development to trade to boost island economies including Australia, New Zealand, Tonga, Niue, Nauru, Samoa, Solomon Islands, Kiribati, Tuvalu and Cook Islands.

The report by Matangi Tonga was republished by some international news media including Radio New Zealand International.

A spokesperson from Australia’s Department of Foreign Affairs and Trade told the Radio Australia has not received any formal advice from Tonga that it is not proceeding towards ratification of the Treaty.

“They said Australia’s Foreign Minister, Julie Bishop, discussed PACER Plus and the joint interest in lifting economic growth in the region when she met with the Tongan Government on 23 March.”

A report by The Diplomat said: “The withdrawal of Tonga has the potential to derail the agreement which had been in negotiations since 2009. It was envisioned as the centerpiece of a new regional trading and strategic framework. Tonga now joins the two largest Pacific economies (aside from Australia and New Zealand), Papua New Guinea (PNG) and Fiji in being non-signatories to PACER Plus.”

Auckland woman pleads guilty to three charges of unlawful immigration advice

By
Kaniva Staff
-

An Auckland woman has pleaded guilty to three charges laid by the Immigration Advisers Authority (IAA) of unlawfully asking for a fee for immigration advice, and taking payment, from four of her family members and friends in the Tongan community.

Lealeifuaneva Linda Moala appeared in the Manukau District Court on Thursday 29 and has been remanded on bail to reappear before court on 28 June 2018.

Ms Moala pleaded guilty to two charges under the Immigration Advisers Licencing Act 2007.

She asked for a fee for the provision of immigration advice knowing she was neither licensed nor exempt.

She also pleaded guilty to one charge under the Crimes Act 1961 of obtaining a payment by deception. She led the victims to believe she was an Immigration Officer, when she was not.

The Registrar of Immigration Advisers, Catherine Albiston, said: “The facts in this case are another example of someone taking advantage of Tongan and Pacific people who are in a tough spot. We’ll continue to actively investigate and prosecute offenders like Ms Moala.”

“The IAA hope that cases like this will raise awareness amongst Pacific communities in New Zealand, as well as in Tonga, Samoa and Fiji, that it is not acceptable to provide unlawful immigration advice.

“If people need help with a visa application, they should only use a licensed immigration adviser or exempt person such as a current New Zealand lawyer,” says Ms Albiston.

The IAA’s online register of licensed advisers is available for those who want to search for a licensed immigration adviser. More information on the IAA can be found at www.iaa.govt.nz.

The IAA looks into all complaints made by the public about unlicensed immigration advice. Individuals found breaking the law can face up to seven years in prison and a fine of up to NZD$100,000.

Editor’s note:

In a previous version of this story we said the accused is Tongan. We have just learnt from a very reliable source that she is not Tongan. In fact she married to a Tongan man.

New woman magistrate appointed

By
Kaniva Staff
-

‘Elisapeti Makoni Lavakei’aho Langi has been sworn-in as a senior magistrate on March 29.

Her family, relatives and friends celebrated her achievement online.

“To God be the glory, great things he hath done! Thank you everyone for the kind words of love and support. It is impossible to name all. Just know I am deeply grateful to each and every one who stopped by with well wishes and words of encouragement,” Langi wrote on Facebook.  

Langi worked as an Assistant Senior Crown Counsel at the Attorney General’s Office.

She is the second woman to be appointed to the position.

Vusenga Helu was the first Tongan woman magistrate.

King leaves Tonga as decision on Police Commissioner’s contract deferred, says Minister

By
Kalino Latu
-

A royal decision on whether King Tupou VI would approve his Appointment Panel’s  recommendation to extend the Police Commissioner’s contract had been deferred.

The decision was expected to be made this week.

This meant the Police Commissioner Steve Caldwell’s request to extend his contract has not yet been approved.

The king has left for Australia on Wednesday.

The Minister of Police, Mateni Tapueluelu, said the Privy Council has given Mr. Caldwell seven days to respond to Cabinet’s recommendation not to extend his contract.

Hon. Tapueluelu said New Zealand, which is paying for the majority of Mr Caldwell’s salary, has told the Privy Council’s Judicial and Appointment Panel its contribution to the Commissioner’s pay would depend on Tonga’s Cabinet.

The Minister said in Tongan: “Ne fakaha ‘e NZ ki he Judicial Panel te nau tali pee ‘a e ‘omai e vahe ‘a e Komisiona Polisi kapau ‘e kole pe request ‘e he Kapineti. And we are not.”

This translates into English as: “New Zealand told the Judicial Panel they would only pay for the Police Commissioner if the Cabinet made a request. And we are not.”

Judicial review

Hon. Tapueluelu told Kaniva News if the Judicial Appointment Panel forced Cabinet to pay Mr. Caldwell, Cabinet might file for a judicial review of the decision.

“We are firm on this,” he said.

Hon. Tapueluelu said the constitution gave the king power to appoint the Police Commissioner after he received advice from his Judicial Appointment Panel. He has the power to determine his term of appointment and also he has the power to dismiss them.

The Cabinet has the power to pay the Commissioner through its Remuneration Authority, he said.

He said budget had been prepared by the government and submitted to Parliament to be passed.

Contract

Mr. Caldwell was appointed Tonga’s Police commissioner in 2015 on a three-year contract which will end next month.

However,  he is entitled to another one year extension of his contract.

Hon. Tapueluelu said he wanted Mr. Caldwell to go after his first three terms ended as his treatment of suspended officers were not fair and square.

A spokesperson for Mr. Caldwell told Kaniva News the suspension of police officers “were for good reasons.”

She said the commissioner was restricted by his contract on what he could speak to the public.

As Kaniva News reported, Hon. Tapueluelu threatened to stop Mr. Caldwell’s pay if the Privy Council approved his request to extend his contract.

As we reported earlier, the Privy Council’s Judicial Appointment and Discipline Panel had asked the government to ask New Zealand for more money to pay for the Police Commissioner.

Hon. Tapueluelu said the government told New Zealand Prime Minister Jacinda Ardern and her delegation during a bilateral meeting in Tonga that it did not want the Police Commissioner’s contract extended.

For more information

Petition complaints nothing new say police, as Commissioner works on cyclone recovery

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