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Lord Nuku will keep title, estate after court case says Attorney general

By
Kalino Latu
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Lord Nuku will not be stripped of his title and estates despite being ordered by the courts to pay TP$5 million to Lord Luani.

As Kaniva News reported yesterday, the Land Court has ordered Lord Nuku and a Chinese mining company to pay the current Lord Luani TP$5,556,000 in compensation for a dispute over a block of land in Malapo.

Since the story appeared, Tongans have been using social media to speculate about whether rules that can be used to strip nobles of their title and estate if convicted of a crime could apply.

There has been some confusion about how the rules apply.

Under Clause 23 of the constitution, no civil servant or Member of Parliament convicted of a criminal offence shall hold office under the government or shall be qualified to vote for nor to be elected a representative of the Legislative Assembly, unless he has received from the King a pardon, together with a declaration that he is free from the provisions of this clause.

The Land Act section 37 also states that if a noble has been convicted in the Supreme Court, he can be stripped of his title along with his estate.

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However, Acting Attorney General ‘Aminiasi Kefu said Clause 23 of the constitution and section 37 of the Land Acts only applied if the noble was convicted in the Supreme Court of criminal offences that entailed a jail sentence of two years or more.

He said Lord Nuku was not convicted in the Supreme Court of criminal offence. He was convicted and sentence in a civil court case and so he would retain his title and estate.

Lawyer Sione Fonua, who represented Lord Luani in court, said that according to Tongan law, Lord Nuku could file an appeal, but he must convince the judge he has good grounds to do so.

In 2012 Lord Lasike’s title and estate were stripped of after he was convicted for illegal possession of 2.22 ammunitions.

His conviction was overturned by a Court of Appeal decision and his title and estates were restored.

It was his case that triggered a move by nobles in Parliament to pass a law to reduce the penalties for the illegal possession of firearms from seven years imprisonment to only one year, as well greatly reducing the fines that can be imposed.

Akilisi Pohiva, then leader of opposition, said the law had been passed by parliament only to serve the interests of two of its noble representatives.

He referred to Lord Tu’ilakepa and Lord Tu’iha’ateiho who at the time face court cases after they were charged with possessing ammunition and firearms without licenses.

The main points

  • Lord Nuku will not be stripped of his title and estates despite being ordered by the courts to pay TP$5 million to Lord Luani.
  • Since we carried a story about the court case, Tongans have been speculating about whether provisions that can be used to strip nobles of their title and estate could apply.
  • Acting Attorney General ‘Aminiasi Kefu said Clause 23 of the constitution and section 37 of the Land Acts only applied if the noble was convicted in the Supreme Court of criminal offences that entailed a jail sentence of two years or more.
  • Lord Nuku was not convicted in the Supreme Court of criminal offence. He was convicted and sentence in a civil court case and so he retain his title and estate.

For more information

Land Court finds Lord Nuku and mining company were trespassing

Siotame Drew Havea honoured with the 2017 Harris Wofford Global Citizen award

By
Kaniva Staff
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National Peace Corps Association (NPCA) is pleased to announce that the 2017 Harris Wofford Global Citizen Award will go to Siotame Drew Havea.

Nancy Gehron (Peace Corps Tonga country director) noted in nominating him that Havea “is a well-known Tongan citizen for his work supporting youth, democracy, civil society and leadership in Tonga.”

Havea has spent his life striving to eradicate poverty through a ‘community first’ approach to development and to create safe spaces to voice opinions for the historically underrepresented groups of young people and women in Tonga.

In the Kingdom of Tonga’s recent transition to democracy, Havea was instrumental in ensuring that common people – not just nobility and royalty – held leadership positions in the fledgling democracy.

He has worked tirelessly to ensure that everyone can realize their full potential.

Havea has long been heavily involved in leadership roles with non-governmental organizations (NGOs) and community based organizations (CBOs) that relate to Tonga and the Pacific Island community at large.

Havea currently serves as the chairperson of the Civil Society Forum of Tonga, the umbrella organization for all NGOs and CBOs in Tonga.

He is also president of the Tonga National Youth Congress, chair of the Tonga National Leadership Development Forum, and member of the board of Tonga Red Cross Society.

The Peace Corps Connection

For Havea, the Peace Corps connection is a lifelong one. His father, a ministry of education officer, was instrumental in Peace Corps coming to Tonga in 1967, when Havea started junior high school.

At that time there were five Peace Corps volunteers teaching at his school.

His father also likely helped arrange housing for Peace Corps staff, because Havea’s family lived between the Peace Corps country director on one side and the Peace Corps medical officer on the other.

He recalls that Peace Corps staff were always passing through his living room.

After attending college and graduate school in the United States, the opportunity arose for Havea to become Peace Corps staff in Tonga.

He was an Associate Peace Corps Director (APCD) for twenty years, from 1985-2005.

His whole approach on life and development was vastly influenced by his experience with the Peace Corps.

He gained an appreciation of community-based development after seeing how countless volunteers immersed themselves in their communities.

He also credits Peace Corps Volunteers with instilling in him a sense of idealism as well as showing him the importance of equality, gender sensitivity, and volunteerism.

About the Harris Wofford Global Citizen Award

The Harris Wofford Global Citizen Award honors an outstanding global leader who grew up in a country where Peace Corps Volunteers served, whose life was influenced by the Peace Corps, and whose career contributed significantly to their nation and the world in ways that reflect shared values in human dignity and economic, social, and political development.

It is the highest honor bestowed upon a global leader by the NPCA. For more information, visit NPCA’s award page, and to attend the awards ceremony, register for Peace Corps Connect, NPCA’s annual conference taking place in Denver, Colorado August 4-6, 2017.

Nanisē Fifita’s dismissal was legal; government does not persecute media, TBC chair says

By
Kalino Latu
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The government dismissed former Tonga Broadcasting Commission CEO Nanisē Fifita on legal grounds and not as an attempt to persecute media, the new chairman of TBC said.

‘Ahongalu Fusimalohi said the government has the right to terminate Fifita’s job according to the law governing the selection and appointments of its chief executive officers.

He said the law was updated in 2015 to require that all government chief executive officer posts must be publicly advertised and as many applicants as possible attracted before the selection of the successful candidate.

The government had fired Fifita based on good reasons and not because the government was trying to obstruct media freedom, Fusimalohi said.

In Tongan he said: “Koe mo’oni kuo tuku ‘ehe poate ‘a Nanise ki tu’a meihe ngaue ka ‘ i he ‘uhinga kehe ia meihe pehee tokua ‘oku feinga e pule’anga ke fakafaingata’a’iai e tau’ataina e ongoongo.”

Fusimalohi vehemently denied reports on local media quoting him as saying the decision by the government to dismiss Fifita was illegal. He said he did not say that.

He said the Public Enterprise Act stipulated the Minister of Public Enterprise must agree in principle to the person who had been chosen to take up the job before formalising their appointment.

Fusimalohi said the TBC board disregarded this part of the law and went ahead and renewed Fifita’s contract without seeking the Minster’s consent.

It is understood the renewal of Fifitaʻs contract by the former TBC Board chairman relied on a clause on her contract that said it would automatically be renewed once it expired.

Fusimalohi said his Board had no choice but to terminate Fifita’s contract as it would not be “legally binding” to keep her while at the same time the government disagreed with her appointment.

The government and sacked TBC boss saga has attracted international interest.

The president of the Public Media Alliance, Paul Thompson, said his organisation had been following the moves in Tonga.

Thompson reportedly said he wrote to the Prime Minister and the King of Tonga asking them to protect the integrity of the TBC.

The main points

  • The government dismissed former Tonga Broadcasting Commission CEO Nanisē Fifita on legal grounds and not as an attempt to persecute media, the new chairman of TBC said.
  • ‘Ahongalu Fusimalohi said the government has the right to terminate Fifita’s job according to the law governing the selection and appointments of its chief executive officers.
  • He said the law was updated in 2015 to require that all government chief executive officer posts must be publicly advertised.
  • The government and sacked TBC boss saga has attracted international interest.

For more information

Bringing fairness to Tonga’s state broadcaster

Pohiva declares war on TBC, declares it an obstacle and constraint on gov’t

Government trying to intimidate state broadcaster, Edwards claims

Teen’s chest injured in accidental shooting in Vava’u

By
Kalino Latu
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A 16-year-old teenage boy was critically injured after he was shot in the chest near Taoa.

He was flown to Vaiola hospital in Tongatapu and is currently in a stable condition, a spokesperson for the Ministry of Health said this afternoon.

The incident happened in a tax allotment, Kaniva News has learnt.

The cause of the shooting is under Police investigation, but health authority believed it was accidental.

The spokesperson said he could not release further details of the victim and any of the information they get in relation to the incident citing Police ongoing investigation.

TBC boss responds to claims he threatened to throw sacked TCC CEO out of window

By
Kalino Latu
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The new chair of the Tonga Broadcasting Commission board said this week he was ready to respond in court to claims he and a colleague threatened to throw the former CEO of the Tonga Communication Corporation out of a window.

‘Ahongalu Fusimalohi also said he would refute claims that they threatened to beat up  Rizvi Jurangpathy while they questioned him during an internal investigation.

Fusimalohi reportedly said Jurangpathy was not helpful during the investigation and his behaviour had drawn them into an argument which escalated to a point where language used was interpreted by Jurangpathy and his lawyer as threatening.

Fusimalohi was responding to claims by Jurangpathy’s lawyer made in Kakalu ‘o Tonga newspaper that his client had secretly taped the interview and would submit the recording in court if the government refused to settle their civil action.

Fusimalohi and TCC board director Saia Fonua were questioning Jurangpathy as part of an internal investigation into allegations of misdemeanour and corruption by TCC staff.

He told Kakalu anyone who was interested needed to listen to the whole of the recording and what had happened before the interview began to understand what he said to Jurangpathy.

Jurangpathy’s employment contract was terminated on April 21 after the TCC alleged he deliberately and incorrectly declared the company’s net profit for 2014-15 financial year as TP$2.2 million.

This caused the TCC to pay its shareholder, the government, a dividend of TP$1.5 million.

The Corporation said Jurangpathy failed to declare that the TCC still owed TP$600,000 to creditors, allowing him to incorrectly receive a TP$20,000 bonus.

The TCC demanded he repay the bonus and vacate his Corporation-provided housing in Tofoa.

Jurangpathy’s lawyer filed a civil action against the TCC in the Supreme Court on April 28.

They demanded the corporation pay more than $TP400,000  for damages of salary, other financial benefit entitlements including breach of natural justice, procedural impropriety and failure to take into account relevant factors.

Jurangpathy is also awaiting a Supreme Court decision on a lawsuit he took against Kele’a newspaper after the paper alleged he had committed indecent acts upon, and was having affairs with, staff members, was misusing TCC funds and dismissing employees for improper reasons.

He denied the allegations.

The main points

  • The new chair of the Tonga Broadcasting Commission board said today he was ready to respond in court to claims he and a colleague threatened to throw the former CEO of the Tonga Communication Corporation out of a window.
  • ‘Ahongalu Fusimalohi also said he would refute claims that they threatened to beat up Rizvi Jurangpathy while they questioned him during an internal investigation.
  • Fusimalohi was responding to claims by Jurangpathy’s lawyer made in Kakalu ‘o Tonga newspaper that his client would submit a recording of the interview in court if the government did not settle his claim.
  • Jurangpathy’s employment contract was terminated on April 21.

Turmoil in media industry as three senior leaders dismissed

Former CEO of TCC suing the company for terminating his employment contract

Tonga welcomes New Zealand new foreign affairs minister with a hāʻunga in ʻAlakifonua

By
Kaniva Staff
-

New Zealand’s Minister of Foreign Affairs, the Hon. Gerry Brownlee was formally welcomed in Tonga with presentation of the traditional hāʻunga.

The baked food and Tongan gifts given to welcome the New Zealand delegation was held at ʻAlakifonua.

Hon. Brownlee arrived in Tonga today Wednesday 10 on his first visit to a Pacific Island country in his new role.

He had a wide ranging conversation on security and policing issues when he met with the Minister of Police, the Honourable Mateni Tapueluelu.

“The Ministers spoke openly about the working relationship between the two countries”.

He also met with Tongan Minister for Defence Lord Ma’afu and Chief of Defence Brigadier Fielakepa to discuss the long-standing and strong relationship between the New Zealand and Tongan Defence Forces.

“Minister Brownlee observed the military workshop and training facilities at Taliai Military Camp, Fua’amotu, where training is supported by New Zealand Defence Adviser, Warrant Officer Roger Middleton”.

Her Excellency New Zealand High Commissioner Sarah Walsh and Hon. Brownlee were accompanied by Officer in Charge District Commander Tevita Vailea and New Zealand Police Superintendent Ged Byers to view the refurbishment of the Central Police Station in Nuku’alofa.

“The long-awaited refurbishment was made possible through funding provided by the governments of New Zealand and Australia under the Tonga Police Development Programme”.

Hon. Brownlee also had the opportunity to view the solar panels at the Police Headquarters in Longolongo.

“Installation of solar panels at police stations across the Kingdom of Tonga through the Tonga Police Development Programme is reducing Tonga Police’s operating costs and contributing to Tonga’s renewable energy targets.

“The New Zealand Government has been working in partnership with Tonga Police for ten years to develop the leadership and core policing skills of Tongan Police Officers, reduce domestic violence, provide the necessary infrastructure to support efficient policing, and strengthen opportunities for Police and community engagement”.

‘Alakifonua villagers presented the ha’unga for Hon. Brownlee to show their appreciation for New Zealand’s support in improving the safety and reliability of electricity in their homes.

“Between 2010 and 2018, New Zealand will have invested NZ$28m in the project to help 50 rural villages in Tongatapu, giving Tongan residents greater access to safe and reliable electricity”.

Hon. Brownlee congratulated four of the 17 trainees from Tonga Power Limited on their achievement of becoming the first NZQA qualified line mechanics outside of New Zealand after completing the Level 4 New Zealand Certificate in Electricity Supply (Line Mechanic Distribution).

Tonga becomes first Pacific island country to join Budapest convention

By
Kalino Latu
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Tonga is the first Pacific island country in the world to sign the Budapest Convention.

The Convention on Cybercrime of the Council of Europe, known as the Budapest Convention, is the only body to deal internationally with how to tackle criminal activities carried out by means of computers or the internet.

“It serves as a guideline for any country developing comprehensive national legislation against Cybercrime and as a framework for international cooperation between State Parties to this treaty”.

Tonga’s participation was marked yesterday after Deputy Prime Minister Siaosi Sovaleni signed the treaty in Strasbourg, France.

Gabriella Battaini-Dragoni, Deputy Secretary General of the Council of Europe applauded  Tonga’s accession and said it confirmed that the Convention has reached the world at large.

“The efforts by Tonga to bring domestic legislation in line with the Convention and to strengthen criminal justice capacities are setting an example for the Pacific Island region.”

Hon Sovaleni said Tonga has the high-speed Internet via broadband connection since 2013 bringing to the kingdom advanced internet communication activities such as e-commerce and e-government.

But Tonga must prepare to protect its citizens from the unfavourable circumstance that reduces the chances of these internet activities’ effectiveness, he said.

“This is why joining the Budapest Convention, accompanied by technical assistance, is so important for Tonga and for the Pacific region,” Hon. Sovaeni said.

Hansen found guilty in $1million Adult-Adoption Immigration fraud scheme

By
Kaniva Staff
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SACRAMENTO, Calif. — Helaman Hansen, 64, of Elk Grove, was found guilty today by a federal jury for operating an elaborate adult-adoption fraud scheme that targeted undocumented aliens, U.S. Attorney Phillip A. Talbert announced.

After an 11-day trial, the jury found Hansen guilty of 12 counts of mail fraud, three counts of wire fraud, and two counts of encouraging and inducing illegal immigration for private financial gain.

According to evidence presented at trial, between October 2012 and January 2016, Hansen and others used various entities such as Americans Helping America (AHA) to sell memberships in what he called a “Migration Program.”

A central feature of the program was the fraudulent claim that immigrant adults could achieve U.S. citizenship by being legally adopted by an American citizen and completing a list of additional tasks. At first, memberships were sold for an annual fee of $150, but that fee gradually grew and eventually was as high as $10,000.

According to evidence presented at trial, although some victims completed the adoption stage of the “Migration Program,” not one person obtained citizenship.

As early as October 2012, Hansen had been informed by the U.S. Citizenship and Immigration Services that aliens adopted after their 16th birthdays could not obtain citizenship in the manner Hansen was promoting.

Despite that notification, Hansen and others acting at his direction induced approximately 500 victims to pay more than $1 million to join the fraudulent program.

This case is the product of an investigation by the Federal Bureau of Investigation and the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant U.S. Attorneys André M. Espinosa and Katherine T. Lydon are prosecuting the case.

Hansen is scheduled to be sentenced by U.S. District Judge Morrison C. England Jr. on August 3, 2017.

Hansen faces a maximum statutory penalty of 20 years in prison and a $250,000 fine for each count of mail fraud and wire fraud. He faces up to 10 years in prison and a $250,000 fine for each count of encouraging and inducing illegal immigration for private financial gain.

The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

-United States Department of Justice

Judge rules police endangered evidence, dismisses robbery charges

By
Philip Cass
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A charge of armed robbery has been dismissed after Mr Justice Cato ruled that police had endangered the validity of evidence.

The judge made the ruling during the trial of Heamani Lopeti on a charge of armed robbery of a Chinese store in Longolongo Tongatapu on March 25, 2016.

Lopeti was charged with the offence, even though there as little evidence apart from an informant’s statement that was the robber.

Mr Justice Cato said that a witness, Ioko Manavahetu, also known as Ioko Latu, was shown a series of photographs by police shortly before the trial and identified Lopeti from them.

However, it was revealed during the trial that police had also shown her a photograph of the accused before being shown the montage of photos.

The Crown prosecutor, Mr Aho, was surprised at this revelation and said he knew nothing about it.

Mr Justice Cato  halted the trial and sent the jury away.

He said that if Mr  Lopeti  had not  raised  the  issue,  the  case would have gone to the  jury  without  anybody  knowing  that Ms Latu had been shown a  photograph  of  the  accused  alone  prior to the  montage  procedure.

This  omission  had the  potential to cause a serious  miscarriage  of justice.

“I consider there was much more than a real risk in this case that showing Ms Latu the single photograph of the accused which she said she recognized as the same photograph in the photo montage would contaminate the integrity of the photo montage identification,” the judge said.

He said a previous ruling had declared that it was wrong to show a single   photograph of an accused to a person who was going to called as an identifying  witness.

“When this occurs there  is, as here, a serious risk of contamination of the integrity of identification,” the judge said.

“In my view, to admit this evidence following what was unsatisfactory police practice would be wrong.

“The evidence is, in my view, so diminished in its integrity and probative value, that it would be impossible for  a  jury to reliably act and convict upon it.”

Mr Justice Cato said that because he had ruled the identification evidence as inadmissible,  the  prosecution  could  not  succeed.  He further ruled that a prima facie case has not  been  established  and the  charge  of armed  robbery  is dismissed.

The main points

  • A charge of armed robbery has been dismissed after Mr Justice Cato ruled that police had endangered the validity of evidence.
  • The judge made the ruling during the trial of Heamani Lopeti on a charge of armed robbery of a Chinese store in Longolongo Tongatapu on March 25, 2016.
  • However, it was revealed during the trial that police had also shown her a photograph of the accused before being shown the montage of photos.
  • He said a previous ruling had declared that it was wrong to show a single photograph of an accused to a person who was going to called as an identifying witness.

US National Football League: Pita Taumoepenu shines

By
Kaniva Staff
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San Francisco 49ers has picked Tongan Pita Taumoepenu as one of its best players to compete for the selection of the 2017 National Football League players.

The 2017 NFL draft was the 82nd annual meeting of National Football League to select newly eligible football players.

The selection of Taumoepenu could be seen by Tongans as a milestone  because NFL is one of the four major professional sports leagues in North America, and the highest professional level of American football in the world.

The 49ers used their second sixth-round pick, No. 202 overall, on pass rusher  Taumoepenu from Utah.

According to Utah media Taumoepenu grew up in Tonga where he played rugby. He was a pass-rush specialist for the Utes over the last three seasons.

Last year he started only four games but finished with 34 tackles — nine behind the line of scrimmage — nine sacks and three forced fumbles.

Two of his sacks came in the Foster Farms Bowl against Indiana at Levi’s Stadium. He was teammates with fourth-round pick Joe Williams, a running back.

Taumoepenu (6-1, 243) said he wasn’t sure whether the 49ers would have him play defensive end, weak-side linebacker or strong-side linebacker.

Their biggest need appears to to be at right defensive end, the so-called “Leo” spot. That position plays on the weak-side of the line and goes to the team’s best pass rusher.

That seems to mesh with Taumoepenu’s role at Utah. “I never stop and I’ve always felt like I’ve always been good at it. I’m looking forward to joining the Niners and help them,” he said.

NFL has announced that the 2017 draft was the most attended in history with more than 250,000 people attending.

His mother comes from Pea, Tongatapu.

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