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Man’s use of machete to defend himself and protect his brother was reasonable, court told

The Supreme Court has acquitted a man of causing serious bodily harm.

Salesi Makafilia appeared before the Hon. Justice Cato in the Supreme Court at the beginning of this month charged with having caused grievous bodily harm to a man with a machete during a fight outside his home.

Hon. Justice Cato reserved his decision.

The fight began about 2am on August 21 last year when Makafilia  e that group of men had been chasing his brother, Lautaimi.

Makafilia took his machete and went outside his house to disperse the group of about six or seven young men who had gathered there. Two of them the men in the crowd began throwing rocks at him. One of the men, Mosese Piutau, also punched Makafilia several times. He then struck Piutau, cutting his arm and chest.

Makafilia said he was sorry he had hurt him.

Makafilia’s lawyer argued that his client was entitled to claim self defence and that he was acting to protect his brother, who he felt was in danger.

Hon. Justice Cato said he accepted that Makafilia honestly believed that his actions were necessary.

Even though Piutau had been cut, these were not life threatening injuries.

“I am  unable  to  say  beyond  reasonable  doubt  that his   use   of  the   machete   to   inflict   the   injuries   he  did  for   the purpose    of   dispersing    the    group    was    unreasonable    or    an excessive,  or disproportionate  use of force,” Hon. Justice Cato said.

Makafilia was then acquitted and discharged.

The main points

  • The Supreme Court has acquitted a man of causing serious bodily harm.
  • Salesi Makafilia was charged with having caused grievous bodily harm to Mosese Piutau with a machete during a fight outside his home.
  • The fight began in the early hours of August 21 last year when Makafilia learned that a group of men had been chasing his brother, Lautaimi.
  • Justice Cato said he accepted that Makafilia honestly believed that his actions were necessary.

Kava is “pure” and without it Tongan values are worthless, Health Minister tells conference

Without kava, Tongan cultural and social values were worthless, the kingdom’s Health Minister said.

Dr Saia Piukala told Kaniva News last weekend that in Tonga kava made a difference in people’s lives, regardless of whether they were the king or a commoner.

He said that within the Tongan context, kava was something pure because of its role in culture and society.

Dr Piukala was talking to Kaniva News about a paper he read at the Pasifika Medical Health 20th Anniversary in Auckland last week in which the question was raised about whether kava was “cure or killer.”

The theme of the conference was “Pathway to leadership is Service”.

He said cultural values had to be part of a nation’s leadership.

His paper stressed the importance of kava on “cultural values”, “social values” and “no values.”

He said without kava the Tongan cultural and social values were worth nothing.

King Tupou VI could not have become king if he had not accepted and drunk the first kava cup served to him on his appointment day.

In Tongan this is known as “fua-kava” (first kava) which also means a covenant showing the king culturally accepted his role for the nation.

The matāpule told the king before he drank the first kava that it represented the fonua (nation) and the people for him to look after.

“If the king did not accept and drink his first kava he would not become the king,” Dr Piukala said.

“It is the same thing when we come to a wedding when the bride has to drink her first kava to show her acceptance of her husband.”

“The same thing goes to the nobility and most of the religious positions. It would not officially be announced that people hold the posts until they have drunk their first kava.”

Dr Piukala said kava in the Tongan context was “pure.”

“Kava brings the community together,” the Minister said.

At a social level in the villages everyone knew where to sit in the kava circle.

“So it helps tell the identity of everyone in the villages and we have seen how this has worked well in formulating a good society for a long, long times,” he said.

If there was any dispute among young people or families that was hard to solve, the elderly turned to kava and brought all the parties for a fakalelei (reconciliation).

Dr Piukala said he raised the cultural context in Tonga because he believed kava has done far more advantage than disadvantage.

He said most of the fundraising in  which millions of dollars was sent to Tonga from overseas for churches, scholarships and community buses, came through kava fundraising.

“Without those kava clubs raising these funds we would not know how all these millions of money could be donated,” Dr Piukala said.

Dr Piukala said he believed there was a bad side of the kava, but that only came when it was abused.

Some kava drinkers drank too much and could not wake up in the morning to go to work. People like this slept all day and drank kava at night.

He rejected one of the papers read to the conference that claimed kava caused liver problems to Fijian kava drinkers.

He said the claim lacked scientific proof and did not reflect the situation among Tonga’s kava drinkers.

The main points

  • Without kava, Tongan cultural and social values were worthless, the kingdom’s Health Minister said.
  • Dr Saia Piukala told Kaniva News last weekend that in Tonga kava made a difference in people’s lives, regardless of whether they were the king or a commoner.
  • He said that within the Tongan context, kava was something pure because of its role in culture and society.
  • “Kava brings the community together,” the Minister said.

Bootless Fekitoa keeps playing as All Blacks head for 29-9 win over Australia

Tongan-born All Blacks centre Malakai Fekitoa spent part of his time on the field on Saturday night playing with just a sock on his left foot after Australian player Nick Phipps stole his boot.

Fekitoa kept playing until a trainer could retrieve his boot, which Phipps had thrown off the field.

Phipps ripped off the boot during the second half of the game after tackling the Tongan.

Despite Phipps’ assault, the All Blacks won 29-9 in the second game of the Bledisloe Cup.

Some commentators have suggested that Phipps could have been penalised for violating World Rugby law 10.4 (m), which says that “A player must not do anything that is against the spirit of good sportsmanship in the playing enclosure.”

The All Blacks and the Wallabies will play the final Bledisloe Cup match at Eden Park on October 22.

Phipps plays for the Waratahs in the Super Rugby competition.

Fekitoa was born in Ha’apai, Tonga in 1992. In 2009, during a visit to New Zealand, he gained a rugby scholarship and enrolled at Wesley College.

He made his debut for Auckland in the ITM Cup in 2012 and was signed by the Blues for the 2013 season. He then signed for the Highlanders for the 2014 Super Rugby season.

The Tongan centre was selected for the All Blacks squad for the June 2014 test series against England and made his debut as a replacement player in first test of that series.

The main points

  • Tongan-born All Blacks centre Malakai Fekitoa spent part of his time on the field on Saturday night playing with just a sock on his left foot after Australian player Nick Phipps stole his boot.
  • Fekitoa kept playing until a trainer could retrieve his boot, which Phipps had thrown off the field.
  • Phipps ripped off the boot during the second half of the game after tackling the Tongan.
  • Despite Phipps’ assault, the All Blacks won 29-9 in the second game of the Bledisloe Cup.

For more information

Nick Phipps caught on camera ripping off and throwing away Malakai Fekitoa’s boot

What are you doing mate? (TBNZ video)

Aussie throws Fekitoa’s boot into crowd

Tongan girl with enormous tumour undergoes surgery in Melbourne

A young Tongan girl with an enormous tumour on the left side of her jaw has had her face rebuilt by charitable Melbourne surgeons using the fibula bone in her leg.

Pulei Latu, 19, underwent radical surgery on Friday to remove the rapidly-growing benign tumour near her cheek – which was affecting her speech and had already deformed parts of her mouth and teeth.

‘Sometimes I look in the mirror, and yeah, I think it’s grown bigger,’ Ms Latu told 7 News before the surgery.

‘It’ll be good because they change mine (sic) to my normal face.’

Tumour girl 1
An x-ray of Ms Latu’s face (right) reveals the enormous size of the rapidly-growing tumour, which was affecting her speech and had already deformed parts of her mouth and teeth

The teenager’s life-changing surgery was sponsored by Children First Foundation, an organisation that helps children in serious medical need from developing countries.

It took five surgeons eight hours to reconstruct her face, with one team working on removing the bone from her leg and another team removing the tumour and resculpting her jaw.

Ms Latu, who has dreams of being an accountant, will spend the next week recovering in the general ward of Cabrini Hospital, Melbourne, before returning to Children First’s ‘Miracle sMiles retreat’ for post surgery care.

She will then fly home to Tonga to begin life without the physical and emotional trauma of a tennis-ball sized tumour stuck to the side of her face.

Daily Mail

Independent cabinet MPs will stand by PM in no confidence vote, says Dr Piukala

Vavaʻu 14 MP Dr Saia Piukala said today Saturday 27 he was confident the independent MPs in the Cabinet would vote for Prime Minister ʻAkilisi Pohiva in Tonga’s planned vote of no confidence.

Dr Piukala, who is Minister for Health, was one of the independent MPs who supported Hon. Pohiva in his bid for the premiership.

Seven independent MPs who supported Hon. Pohiva were Hon. Siaosi Sovaleni of Tongatapu 2, Hon. Poasi Tei of Tongatapu 6, Dr ‘Aisake Eke of Tongatapu 7, Dr Saia Piukala of Vavaʻu 14 and Hon. Feʻao Vakatā of Niua 17.

Among the Prime Minister’s supporters was former Vavaʻu 16 MP ʻEtuate Lavulavu. His wife has been elected as his replacement and  has publicly announced her support for Hon. Pohiva.

Dr Piukala, who was in Auckland this week to attend the Pasifika Medical Association’s 20th anniversary conference  said today the independent MPs in Cabinet talked from time to time about government matters, including the vote of no confidence.

They regarded it as a serious matter that Hon. Pohiva had no “personal agenda” while becoming Prime Minister and that he did not use his power for his own personal benefit.

He said they could see some shortcomings in Hon. Pohiva’s leadership and performance, but they were minor matters that did not affect the public as a whole when compared to the behaviour of past governments and the corruption which led some MPs to court.

“He is genuine and he is different from those who did things only because they knew they would gain personal benefit out of it”, Dr Piukala said in Tongan.

Dr Piukala said the vote of no confidence had yet to be submitted to the House, although Lord Vaea has declared it would be submitted next week.

He said he would continue to support Hon. Pohiva and was confident his co-independents would do likewise.

Dr Piukala said he was aware that  Lord Vaea told Kaniva News the opposition had already made a deal with independent MPs in Cabinet to join them in a new government

“They were just trying to stir things up, but that won’t happen” Dr Piukala said.

The nobles had nine MPs, but Lord Ma’afu was appointed Minister of Land and Survey, leaving them with only eight.

The other independent MPs who supported the nobles were MP Viliami Hingano of Ha’apai 12 and MP Samiu Vaipulu of Vava’u 15. As it stands the nobles have 10 MPs while Hon. Pohiva has 15 MPs to support him.

Hon. Pohiva has faced criticism over a number of issues since becoming prime Minister. These have included his decision to appoint his son as his Personal Assistant, even though he said he was paying him out of his own pocket.

Critics said this contradicted his opposition to the nepotism and favoritism he claimed occurred in previous governments.

His decision to change the assessment of students’ exam results from the standardisation to use raw marks also drew fire. Last week a meeting in Nukuʻalofa saw some of Tonga’s top educators declaring that Hon. Pohiva has destroyed a great system of education.

The main points

  • Vavaʻu 14 MP Dr Saia Piukala said today he was confident the independent MPs in the Cabinet will vote for Prime Minister ʻAkilisi Pohiva in Tonga’s planned vote of no confidence.
  • Dr Piukala, who is Minister for Health, was one of the independent MPs who supported Pohiva in his bid for the premiership.
  • Dr Piukala said the vote of no confidence had yet to be submitted to the House, although Lord Vaea has declared it would be submitted next week.
  • As it stands the nobles have 10 MPs while Hon. Pohiva has 15 MPs to support him.

For more information

Noble MPs vow to topple government with no confidence motion when Parliament resumes

 

Tongan University of Auckland ex-students meet in Nukuʻalofa

The Tongan students who studied at the University of Auckland will formally meet in Tonga for the first time.

The meeting has been organized by the University and the New Zealand High Commission to be held at the New Zealand Residence in Popua.

“The University of Auckland and New Zealand High Commission are delighted to announce the first Alumni and Friends reception to be held in Tonga”, a statement said.

“We warmly invite alumni and their guest to attend what will be a special opportunity to meet other graduates living in Tonga, hear the latest news from the University, and celebrate the achievements of Tongan alumni and current students.

“We look forward to sharing with you the University’s latest research and initiatives, especially those centred on the Pacific, and how these will impact Tonga and our Tongan students”.

Event details:

Date:                        Thursday 1st September 2016

Time:                        5.30 – 7pm

Venue:                      New Zealand Residence, Popua, Nukualofa

Dress code:               Business Casual

Drinks and canapés will be served. There will also be a business card prize draw.

Drinks and canapés will be served. There will also be a business card prize draw.

Online registrations for this event have now closed.  Please contact the alumni office if you have any queries.

NB: Please note, a copy of your invitation email or letter will be required for entry into the event.  If you are an alum and have not received an invitation from us, please contact the alumni office on alumni@auckland.ac.nz

We look forward to seeing you there.

Prisoner now faces 16 years behind bars after sentencing for attempted rape

The Supreme Court has sentenced Kefu Kalavi to  six years in prison for attempted rape.

He has also been sentenced to two years in prison for housebreaking and six months for assault.

Kalavi, 21, is already serving a 14 year sentence for manslaughter in the death of a shopkeeper.

The bulk of his  new sentence will be served concurrent with his current sentence.

However, two years of the sentence for attempted rape will be served in addition to his current sentence.

This means he will now serve a total sentence of 16 years.

Kalavi was found guilty on July 25 and appeared before Lord Chief Justice Paulsen for sentencing this week.

About 2am  on May 26, 2014, the victim, a young  mother  alone  with  a  baby son, heard  someone outside her house. She went to see who it was and saw Kalavi trying to enter the house by ripping off  its  tin  cladding.  Kalavi was known to the woman.

She called the police on her cell phone and asked for help. Kalavi entered the house, threw her cellphone away,  strangled her and asked for sex. He then dragged  her by the hair and throat outside the  house to a nearby mango tree. He told the woman he was going to have sex with her and kill her  before the police arrived.

At that point the policer arrived. When the woman tried to call out, Kalavi punched her around the  face and then ran off towards the neighbours’ pig sty. Kalavi was arrested the next day when he went back to the neighbouring property  to  retrieve  his pants.

Lord Chief Justice Paulsen said Kalavi had a history  of  serious  offending   which   appeared  to   be  escalating.     He was  convicted  on  two  counts  of  housebreaking in 2010, but the sentences   were  totally   suspended   on  the  condition  that   he  did  not commit  any  further  offences.

In 2011 he  was  convicted of  a  series  of  housebreakings  and  thefts  and  sentenced  to  five  years imprisonment  with  the  final  two  years  suspended  for  three  years.

In July  2014  he  appeared  before  Mr Justice Cato who  sentenced  him to  four  years and  nine  months  imprisonment  for  armed  robbery.  He  was  also  sentenced  to  two  years imprisonment   for   housebreaking   and   two   years   for causing     bodily   harm.

Then, on November 25, 2015, Kalavi was sentenced to 12 years in jail after being found guilty of manslaughter   when   he   killed   a   Chinese shopkeeper after hitting him on the head while robbing his store in February 2014.

In sentencing Kalavi, Lord Chief Justice Paulsen said little could be said in favour of the prisoner.

“He  is  a  recidivist  offender  and  I do  not  believe  he  has shown  any  genuine  remorse  or  that  he  feels  any  remorse  for  what  he did,” the judge said.

The main points

  • The Supreme Court has sentenced Kefu Kalavi to six years in prison for attempted rape.
  • Kalavi, 21, is already serving a 14 year sentence for manslaughter in the death of a shopkeeper.
  • The bulk of his new sentence will be served concurrent with his current sentence.
  • However, two years of the sentence for attempted rape will be served in addition to his current sentence, so he will now serve a total sentence of 16 years.

Supreme Court tells Pohiva to leave Sevele in place and pay his wages until judicial review

Tonga’s Supreme Court has ordered the government to keep Lord Sevele-‘O-Vailahi in his position as Chief Executive Officer and Chairman of the Tonga Pacific Games Organising Committee and keep paying his salary until the judicial review of his dismissal in October.

Lord Chief Justice Paulsen made the order in response to a request from Lord Sevele for a temporary injunction to halt the government’s attempts to dismiss him from his position.

Lord Sevele had filed a petition for an injunction at the beginning of June, but no further action was taken because an agreement had been reached to leave him in office until the review. Lord Sevele’s pay was stopped at the end of June and he then sought an urgent review of his claim.

Tonga was named the host of the 2019 Pacific Games in late 2012. The government enacted the Pacific  Games  Organisation  Act  2013  to provide for  the organisation  of the Games. The Act gave the Audit and Governance Authority power to appoint members of the organising committee.

Under the Act, the Games Organising  Committee  is meant to follow any directions of the international body responsible for the event, the Pacific Games Council, which retains overall control of the Games.

In a lengthy judgement, Lord Chief Justice Paulsen said that in his view  the  Act   did   not  give  any   power  on  the Audit and Governance Authority   to   terminate   the   Chief   Executive’s   employment.

On  December 15, 2015, the Prime Minister, Hon. ‘Akilise Pohiva,  wrote expressing the displeasure and concern of the Cabinet at the performance of Lord Sevele and his staff of the Organising Committee.

They said Lord Sevele was being paid too much and that his employment contract had been signed without due consultation with the Remuneration Authority as required by law. The letter also challenged the appointment, salaries and performance of other staff members.

On May 26 this year, Hon. Pohiva sent Lord Sevele a letter saying his employment had been terminated with immediate effect. The letter said the role of CEO and Chair of the Games Organising Committee had been downgraded when most of the committee’s responsibilities were handed to the Government   Facilities  Committee on February 5.

Lord Sevele refused to accept his dismissal and kept working. The   Pacific Games Council has also refused to accept the decision, saying it was not within the power of the government.

However, in early July the Prime Minister’s office ordered that all funds for the Games Organising Committee be withheld, effectively cutting off staff salaries. This triggered the early hearing of the injunction.

After reviewing the arguments put forward by Lord Sevele on the one hand and the Prime Minister and the Audit and Governance Authority on the other, Lord Chief Justice Paulsen said Lord Sevele had a  strong  case  for arguing that his removal was unlawful.

“I am  satisfied  that  it  is  proper  to  grant an  interlocutory  injunction  restraining  the  defendants  (Hon. Pohiva and the Authority) from  taking any  steps  to  remove  the  plaintiff from  office  as  Chief  Executive and requiring  them  to  pay  his  salary  and  other  benefits pending the  hearing of this  action,” the judge said.

Bumpy road to the Games

Legal challenges have not been the obstacles to Tonga’s ambitions to host the Pacific Games in 2019.

There have also been threats from the main organising body and the sheer cost of running an international event.

As Kaniva News reported in May, Pacific Games Council chair Vidhy Lakhan warned the kingdom could lose the international tournament.

Lakhan wrote to the Audit and Governance Authority, which is headed by Hon. Pohiva, threatening that if it pushed for Lord Sevele’s resignation, the Pacific Games Council would start looking at the termination clauses of the host country agreement signed by Tonga.

The government has announced a variety of measures to raise money for the event, including increasing airport taxes and international money transaction fees.

According to a report from consultants Beca International, the kingdom will need to find up to NZ$73.6 million to fund the Games, but the real cost could be more than NZ$100 million.

The main points

  • Tonga’s Supreme Court has ordered the government to keep Lord Sevele-‘O-Tonga in his position as Chief Executive Officer and Chairman of the Tonga Pacific Games Organising Committee and keep paying his salary until the judicial review of his dismissal in October.
  • Lord Chief Justice Paulsen made the order in response to a request from Lord Sevele for a temporary injunction to halt the government’s attempts to dismiss him from his position.
  • The judge said Lord Sevele had a strong  case  for arguing his removal was unlawful.

For more information

Pacific Games Council’s warning to PM latest twist in troubled preparations for tournament

Police arrest two men over US peace corps director attack

Two men have been arrested by Tongan police investigating the assault of the Director of US Peace Corps in Sopu.

The director, who has not been named, was jogging along a footpath behind one of the residences at the waterfront when a man attacked her on Saturday, July 16.

The accused, aged 21 and 23, had been charged with grievous bodily harm and in connection with the attack.

“These arrests reflect very good police work and result from a very thorough investigation,” says Commissioner of Police Steve Caldwell.

“Both accused persons have been remanded in custody and will appear in the Magistrates Court on the 5th of September 2016”.

READ MORE

Film claims US Peace Corps helped accused go free after 1976 Tongan killing

“Peace corps operations continue as normal,” US office says as police follow leads after attack

Fundraising to find US Peace Corps’ attacker as fury surges among Tongan community

Tonga destroys illegal cigarettes arrived from Australia

Tonga will start burning about four millions of illegally imported cigarettes from Australia tomorrow Saturday 27.

The Minister of Custom and Inland Revenues Hon Tevita Lavemaau told Parliament on Wednesday the Ministry will burn the cigarettes at Tapuhia waste management facility.

He said this would be a public demonstration and media were invited to attend.

In June 2015 a 50-year-old Tongan who lived in Australia appeared in court after he was charged with importing tobacco with health warnings and labels that did not comply with font size requirement.

Tongan Police seized the container with 288 cartons.

The court was told there was trade of illegal tobacco, falsifying invoices and tax evasion.

The seizure was made as a result of a joint investigation between local authorities and the Australian Federal Police.