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Man found guilty of setting fire to a woman’s house in Tatakamotonga

By
Kaniva Staff
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A man has been found guilty of setting fire to a woman’s house in Tatakamotonga knowing that there were people in the house at the time he committed the crime.

Tevita Lao wilfully and without lawful justification set fire to a house which belonged to ‘Amelia Lao on 8 December 2015.

Lord Chief Justice Owen Paulsen found him guilty of serious arson and remanded him in custody  for sentence.

Tevita was drunk and he beat up his wife when he got home and found out there was no food for him that evening, the court was told.

At one stage Tevita was seen sprinkling the house with substance from a bottle which the court believed it was some accelerant.

“In my view, the combination  of  the  evidence  of  Kaneisini concerning seeing him with a bottle taken from the kitchen and sprinkling liquid around, asking for a match  even though  he did not receive one, the fact that the seat of the fire is seen  by ‘Apiloni to be in the accused and his partner’s bedroom and involved the burning of clothes and a suitcase also, as well as his noticing a smell of benzene, the consistency of this with other witnesses  who  saw the fire start on that side of the house point to the accused’s involvement in starting this fire”, Justice Paulsen said.

Mr Paulsen said he accepted the  evidence  of the  witness  Kaneisini Kioa, 14,  that she had seen the accused come back drunk in the  late evening  and had seen him with a bottle scattering some liquid  in  the  area  of  the hallway around his bedroom.

Mr Paulsen said: “I found her a well-spoken, 14 year old who gave a careful account of what she saw, and I had no reason to doubt the accuracy of her account. Her grandmother confirmed that she had been earlier watching videos on a laptop that evening as she had said before the fire.”

“I  accept  Kaneisini had heard the accused shouting outside “when it’s called for burning there will be burning,  when it’s called  for  fire, there  will be fire.” She assisted her great grandmother to get out  of  the house. I consider that the accused’s words outside before the fire could be taken to evidence his awareness of the fact that a fire would occur.

Tevita denied sprinkling the property with substance from a bottle but the judge did not buy it.

“I cannot see any justification for this in the circumstances of this case other than his using some accelerant”, Justice Paulsen said.

The court was told that the month before the incident Tevita had set fire  to a suitcase of clothes belonging to his child, because he had been upset with his partner.  The burning  of  the  suitcase had taken place outside.

The accused represented himself in court while Fakatou acted on behalf of the prosecution.

PGC should immediately take the Games to another country, writes Tongan Olympic metallist Paea Wolfgramm

By
Kaniva Staff
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 Regretfully I must intrude into your day, and reluctantly make a further comment on the sad saga that is the 2019 Pacific Games (PG2019).

I am compelled to write due to the ongoing campaign in Tonga and overseas, through social, and regular media outlets,  supporting the contention that the Games should still be held in Tonga. It seems to me, there is a deliberate polarising of the country in the  hope of somehow changing the cabinet decision. There is division in Tonga, but what share goes to which side, is unknown. What is known is that our nation is hurting. A nation divided, is a nation broken. If you are happy for this to happen, then you cannot readily say you are doing it for the good of the nation.

Therefore, this is an appeal directly to Lord Sevele, his supporters, as well as to the PGC, in the person of President Lakhan. I am being particular, because it is clear that the Government, via cabinet decision has unequivocally forfeited hosting rights. You are all aware of my general position in terms of Tonga not being unprepared to embrace the promise of 2019. Disturbingly, the purported counter view through the media of Lord Sevele supporters, is that riches, both material and spiritual will be poured onto our nation if we continue to host. Which is naive, if not spuriously misleading.

It is well known I have criticised TASANOC in the past for treating sports development like a lottery ticket. It is my opinion that they have done little more than pray for future Olympic medalists to walk through their door. I have come to think they have applied the  same practice with 2019. It is a selfish motive for them to continue with this narrative to sell the nation what amounts to a mere ‘lottery’ ticket. Even if were to be held, I firmly believe that 2019 is unlikely to bring any change now. I say that, for no more reason then the  evidence manifested in front of us. I suggest that we should only host as a celebration in the achievement of change, not in the hope of it.

On a personal level, I was deemed a ‘spearhead’ in the host bid effort in 2012. By 2015, I saw how Tonga was struggling with its commitment. I felt personal responsibility for bringing 2019 to Tonga, so I gave up my career, and its security to my family to be based in Tonga. Unfortunately, for little reward.  So, I will offer any of the above mentioned supporters, to count their wounds and sense of loss against mine in its cancellation. But, more importantly to me, as it should be for all, is the unity of our country

However, that in and of itself is not to deny the prerogative of Lord Sevele and supporters to continue their campaign. But they should consider they are causing greater harm and hurt for Tonga, when there is the choice and opportunity, to help heal our nation. They should also consider, Tonga cannot hold a “People’s Games,” if half our people are against it, let alone the Government.  Thereby, making the Games into an empty gesture held with a hollow spirit.  No Tongan athlete should be asked to perform under that circumstance.

If this is about patriotism, as is often quoted in the media.Then what greater act is there then to put our Nation before oneself, accept the cabinet decision and work for our healing and unity to begin.

Finally, I would also ask the PGC by way of personal appeal to President Lakhan, to immediately take the Games to another to host,  According to the media there is a line of countries eager to “take advantage of this, rare economic opportunity”. Director Minogue, and yourself have always said to me, that the good of Tonga is always a priority for the PGC. Sir, I hope you see that Games slow removal, albeit well meaning, is further contributing to my nation’s pain, and I ask that the PGC make that move as soon as possible. President Lakhan, it will be your decisive action in removing the games that is also needed for Tongas healing to begin.

As for future opportunities to host. I say that our point of difference has always been that we are a region with familial ties, and family always forgive, so I am certain, that the Games will return in future, and we will host and be very successful. Under those same ties of kinship I do not believe in the matter bandied in the media that the PGC will seek legal redemption, because of the Tongan Government reneging its obligation. I am sure you already understand this, so it is likely to be idle talk. But I advise as a believer in the Pacific Games concept, that any legal redress will hurt the PG brand more than Tonga, if at all.

Again, I apologise for my intrusion and for any unintended offence. But if you had ever been privileged to fight under our flag…then you would have ,heard the phrase below from our late boxing boss, Sione Ma’ilei; ‘He who serves the country, commits no crime, nation before self”.

Respectfully and humbly yours,

Paea Wolfgramm

Earthquake hits near Tonga

By
Kalino Latu
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A strong 6.3-magnitude earthquake has hit an area about 200km northwest of Tonga, the US Geological Survey says.

There have been no immediate reports of damage or casualties.

The quake hit at 5.42am Monday local time at a depth of 40km, according to EMSC.

The earthquake was the latest disaster to hit the area after a tremor was felt in Tongatapu last Monday 19.

In that earthquake Tongatapu residents took to Facebook to show their reaction.

“Ne tau ki’i lulu e”, a Facebook user wrote. In English she said “We have been shaken aye”

Amazing pictures from inside new St George Palace

By
Kalino Latu
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Photos: Hon. Semisi Sika, Minister of Tourism

For the first time, many Tongans can now look inside the new multi-million Chinese funded government building in Nuku’alofa.

Above are some amazing pictures of government ministers inside the $28 million pa’anga palace.

The construction of the building was completed on 17 May and its completion was certified in Nuku’alofa on June 22 after a handover certificate was signed by Deputy Prime Minister Hon Siaosi Sovaleni and the new Chinese Ambassador to Tonga, HE Mr. Wang Baodong.

The government has yet to confirm a date for the opening.

Over 90 per cent of the Utilities Commission testing has been completed which included Fire Emergency and Health Issues, a government statement said.

After a joint inspection, both parties unanimously agreed that the building met the requirement for acceptance, it said.

The construction began in November 18, 2015 and was expected to be completed by August 31.

China could build new Parliament house for Tonga

By
Kalino Latu
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China could fund a new Parliament house for Tonga but a final decision has to be made.

It has been revealed Tonga has submitted a proposal to the Chinese government.

The proposal came to light after the Chinese Ambassador to Tonga His Excellency Wang Baodong was welcomed at the Legislative Assembly this week by the Speaker Lord Tu’ivakano.

“The Speaker also proposed to the ambassador for China’s assistance on building a new Parliament House since it is the focal point of law and decision making”, a statement from the Legislative Assembly said. .

“In response HE Baodong revealed China is studying the Legislative Assembly of Tonga’s request”.

It is understood the plan for a new building for the Legislative Assembly was in the pipeline and was regularly discussed in the House recently.

The kingdom’s good relationship with the Chinese Communist led-Party was strengthened in Nuku’alofa in January during a visit by a Chinese National People’s Congress delegation.

In that diplomatic visit the Prime Minister ‘Akilisi Pohiva told the Chinese “that Tonga was overwhelmed with China’s bilateral assistance to their country’s development”.

As well as ongoing aid programmes, China’s assistance to Tonga includes the construction of St George Palace.

The $28 million pa’anga project, has a floor area of around 5745m2, to accommodate the Prime Minister’s Office, Ministry of Finance and National Planning, Ministry of Foreign Affairs, and other government ministries.

Tonga took up a US$119 million loan for the reconstruction of Nuku’alofa after the riots in November 2006, followed by a US$86 million pa’anga loan for road reconstruction.

China pledges more assistance as completion of St George Palace construction “certified”

By
Kalino Latu
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China has pledged more assistance to Tonga and the two countries have this week also formally marked the completion of the St George Palace which was solely funded by the Chinese Communist Party.

The construction has been completed ahead of schedule which was August 31. It was completed in May 17.

Chinese Ambassador H.E Mr. Wang Baodong and Deputy Prime Minister Hon. Siaosi Sovaleni on June 22 have signed a Handover Certificate at the MEIDECC’s Headquarters to mark the completion of the construction of the TP$28 million worth government building.

Meanwhile Baodong presented office equipment worth over TOP$160,000 for the Parliament.

The equipment included an all-in-one computer which contains a desktop computer, laser printers, scanners and a photocopier machines.

Baodong promised his country will continue to assist the kingdom in various fields.

“It is to further enhance the relationship and bilateral cooperation between the two countries”.

The donation was followed by an agreement signed by the two leaders.

“China’s contribution to the Legislative Assembly is to show the goodwill and friendship between the two countries”, a statement said.

“His Excellency also pledges to continue his predecessor’s support for more interaction between the Tongan Parliament and the People’s Republic of China’s Congress”.

“Mr. Baodong who presented his credentials to the King on Monday was also appreciative of the fact most Tongan legislators have visited China on numerous occasions therefore enhances the mutual understanding of the two parliaments.

“Lord Speaker Tu’ivakano expressed his sincere appreciation for the generous contribution and hoping for more assistance from China in the future”.

Four shops shut down in Tongatapu following tax fraud investigation

By
Kalino Latu
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The Ministry of Customs has temporally shut down four convenience stores in Tongatapu their owner allegedly falsified information on tax returns in order to limit the amount of tax liability.

The stores in Ma’ufanga, Pea, Ha’akame and Fatai belonged to one owner, the Ministry said.

However the owner has paid part of his tax liability and the Ministry is in the process of finalizing settlement arrangement before the shops can be re-opened, it said.

“The taxpayer owes income tax and consumption tax that has not been paid by the due date”.

“The tax liability was assessed as an outcome of a sales tracking mission conducted by the Ministry in July, August and September 2016.”

The Ministry’s investigation also found other business owners who failed to comply with tax laws.

“It was also found that these taxpayers were not properly keeping and maintaining their records according to law. Except for this company, all other taxpayers involved in the sales tracking mission came forward with settlement arrangements which were satisfactory to the Ministry”, the Ministry said.

“The temporary close down operation is in accordance with section 19 of the Revenue Services Administration Act 2002, as amended which gives power to the Ministry to close down a business temporarily for 14 days because of non-payment of income tax from employment income or consumption tax. It is intended to encourage the taxpayer to come forward and settle tax due”.

Fua’amotu man found not guilty in stabbing death for acting in self-defence

By
Kaniva Staff
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Sio Vaka, 20, is a free man after Supreme Court found that he acted in self-defence and not out of revenge.

He was found not guilty on June 13 for stabbing death of 33-year-old Lipine Fakatene, also from Fua’amotu.

Vaka was repeatedly assaulted on January 17 and after an earlier incident he went to his home and returned with a sharp kitchen knife.  Vaka was injured in that assault, the court was told.

The  worst being that Vaka had been hit by a rock which caused him sufficient discomfort.

He admitted in his record of interview, he was plainly so angry  alter the assault.

He had tried with his mother who had been informed of his injury in early evening to get assistance to travel to the hospital for treatment.

While they were looking for a transport Lipine and his young brother Sione approached them and then Lipine punched the accused with sufficient force to cause him to stagger back, the judgement said.

“I accept that Lipine  was a strongly built man and bigger than Sione who also appeared to be robust”, Mr. Paulsen said.

“The accused by comparison  was  slightly  built, and  rather  thin. I also accept that the mother Talafaiva intervened, attempted  to stand between Lipine and her son and tried to hold Lipine back but was unable to do so.

“I accept the evidence of Sione who was present nearby that he fronted up to the accused  and  was prepared  to fight but that he did not become further involved because the accused pulled the knife on him in a stabbing movement or movements which he avoided.

“During  this assault, the accused may have attempted  to cover his head and then retaliated by stabbing the deceased with a knife twice with sufficient force to enter deep into the body  and sever an artery close to the heart.

“This caused bleeding and lung and heart complications. The deceased collapsed shortly after and died before reaching hospital”.

Mr Paulsen said: “I accept that the accused at the material time of the stabbing had acted in self-defence and not out of revenge. The accused is accordingly acquitted  of  manslaughter and discharged  from  the indictment”.

He said if the accused used the knife  to  avenge  the actions of others who had assaulted him he, likely, would  have been prosecuted had others been harmed.

Paulsen warned that the “judgement does not condone the accused’s foolish action in taking a knife from his home to use in retribution or to avenge the actions of others who had assaulted him, earlier in the day”.

The accused was represented by Sifa Tu’utafaiva while ‘Aho acted for the prosecution.

Kelekolio’s ‘disturbance’ threat against PM incites public reactions, Minister of Police says

By
Kalino Latu
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Tonga’s Minister of Police said Kelekolio Tapueluelu’s disturbance threat against the Prime Minister during a press conference in Nuku’alofa last week had provoked public reactions.

Kelekolio told Prime Minister ‘Akilisi Pohiva at Fa’onelua Convention centre he had intended to disturb “fakahoha’asi” him from time to time until he would change his mind and bring back the Pacific Games 2019 to Tonga.

He told Hon. Pohiva he was ready to die as long as he would achieve his mission.

He said he was making the same threat the Prime Minister had made when he was in opposition after he declared he would continue to disturb the King until he agreed to reform Tonga’s political system into democracy.

The government declared last month it had cancelled hosting the Pacific Games.

This has angered the Pacific Games council as well as Tonga’s Games Organising Committee led by Lord Sevele ‘o Vailahi.

It is understood Kelekolio was a staunch supporter of Lord Sevele who has led a campaign since last month against the government’s decision.

Hon. Māteni Tapueluelu said he was concerned about the threat, whether it has an issue with the law or not, but the statement itself has posed national security threat to the kingdom.

The Minister said some people went looking for Kelekolio and when they found him an attack ensued. Kelekolio was injured during the attack, he said.

In Tongan the Minister said: “Sea ko hono ue’iue’i ‘a e fonua ke ngaungaue ‘o fehāngaaki ha ngaahi kupu, ko e tokotaha ko eni na’e, na’e kumi ia he ni’ihi ‘aneafi, na’e līpooti mai ki he Potungāue Polisi, na’e iku ‘o alasi ‘e he ni’ihi ‘o lavea e tokotaha ko eni ‘aneafi pea ‘oku tauhi ia ‘i ‘api polisi ke malu pea ‘oku fai ‘a e ngāue ki he keisi ko ia”.

The alleged attack on Kelekolio occurred outside a restaurant in Nukuʻalofa on June 14.

It followed with Police arresting a 49-year-old man on Thursday 15.

A 47-year-old man was later arrested on Friday, June 16.

They both charged with assault and will appear at the Magistrate’s Court on 30 June.

The Minister of Police told the House on Thursday last week after the assault Police accompanied Kelekolio to the station to protect him from any further attack.

Tapueluelu is a New Zealand – Tongan resident and he flew to Tonga the previous week to support his former boss in Tonga, Lord Sevele.

Supreme Court refuses to revoke authority to administer mother’s estate

By
Philip Cass
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The Supreme Court has refused to revoke the authority of Siosaia Pekipaki to administer his mother ‘Ofa Pekipaki ’s estate.

However, Lord Chief Justice Paulsen said he would not make an order on costs because Siosaia had misled the court and had brought the court proceedings on himself.

‘Ofa Pekipaki  died without a will on April 15, 2016 in the United States.

Siosaia Pekipaki was granted letters of administration by the Supreme Court on  November  21, 2016.

Frank Powell, a half-brother of Siosaia from ‘Ofa’s first marriage, applied to revoke the letters of administration on the ground that Siosaia had lied when said he did not have any information about Powell’s whereabouts in the United States and failed to disclose that he had two other half-brothers from ‘Ofa’s first marriage.

‘Ofa and her brother Tevita Moimoi, who has also died, were joint holders  of a registered lease of a property on the corner of Railway Road and Salote Road, Nuku’alofa. The  court was told the lease  expired  in 2070 and was a valuable asset.

Tevita Moimoi  died  in  2015 and no application  was made to administer his estate. His widow, Mele’ana Moimoi, 78, years and is living in the property.

Siosaia argued that on his death Tevita’s interest in the lease passed to ‘Ofa.

At the time  of her death her one asset in Tonga was the  lease.

On  June 21, 2016 Siosaia gave public notice ·in the Talaki Newspaper of his intention to apply for  letters  of administration and for any creditor to give  notice  of  any  claim to him. No creditor made any claim.

Powell launched his application to have Siosaia’s authority to administer the estate. He alleged that Siosai was aware of the existence of the other siblings. Other submissions were made, including one from Mrs. Pahulu-Kuli who claimed Siosaia had lied to fraudulently obtain for himself a greater share of the estate than  he  was  entitled to.

Lord Chief Justice Paulsen said while some doubt had been cast on Siosaia’s trustworthiness , it fell short of establishing an intention to defraud.

However, after careful reflection the judge said he had decided not to revoke his grant to administer the estate.

While Powell said he was concerned with ensuring a fair distribution of the estate,  neither he nor anybody other than Siosaia made any attempt to preserve the lease or to  apply  for  letters  of  administration.

There was a chance the lease would have been cancelled if but for the steps taken  by  Siosaia to preserve it by paying the outstanding rent.

The judge said he was satisfied that the steps taken by Siosaia to administer  the  estate were prudent and appropriate.

“I am also satisfied that Siosaia understands  his obligations  as administrator and has identified those who are entitled to share in the estate, including his half-brothers,” the judge said.

He said suggestions that Powell and Siosaia be appointed joint administrators were not realistic. He had no confidence they could co-operate in the interests of the estate. Any such arrangement would invite further legal action.

The main points

  • The Supreme Court has refused to revoke the authority of Siosaia Pekipaki to administer his mother ‘Ofa Pekipaki ’s estate.
  • However, Lord Chief Justice Paulsen said he would not make an order on costs because Siosaia had misled the court and had brought the court proceedings on himself.
  • The judge said while some doubt had been cast on Siosaia’s trustworthiness , it fell short of establishing an intention to defraud.
  • However, after careful reflection the judge said he had decided not to revoke his grant to administer the estate.
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