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Tongan gang member admits to two killings

By
Kaniva Staff
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A Tongan suspected gang member has confessed to manslaughter in relation to two unresolved homicides dating back nearly nine years.

According to Salt Lake City’s Deseret News “Nitokalisi Niki Fonua, 33, pleaded guilty to a reduced charge of manslaughter, a second-degree felony, in the shooting death of 22-year-old Krystal Flores in July 2009”.

Fonua was originally charged in 2011 with murder, a first-degree felony, and aggravated burglary for Flores’ death.

At the same hearing Friday, charges were filed and Fonua pleaded guilty to manslaughter, a second-degree felony, in the 2007 killing of Viliami Latu, 34. Fonua told police he went to Latu’s Salt Lake home to settle a debt, an argument ensued and he shot the man.

Deputy Salt Lake County district attorney Vince Meister said that without a plea agreement, the charge would have been murder.

Each charge carries a potential prison sentence of two to 20 years in prison due to weapons enhancements. Sentencing in both cases has been set for April 18, where prosecutors will recommend the two terms be served consecutively, meaning Fonua could spend up to 40 years behind bars. They will recommend that credit be given for the five years Fonua has served so far.

Meister declined comment as he left the courtroom in light of ongoing cases against additional defendants still facing charges in Flores’ death.

Alexander Bloomfield, 35, and Pailate Lomu, 26, are charged with murder and aggravated burglary, first-degree felonies, in the death and have separate jury trials scheduled later this year.

Bloomfield is also charged with possession of a dangerous weapon by a restricted person, a second-degree felony. Court records indicate he rejected a plea offer from prosecutors last month.

George Angilau, 25, is facing first-degree felony charges of murder, aggravated burglary and discharge of a firearm, as well as third-degree felonies of discharging a firearm and discharging a firearm from a vehicle. No upcoming hearings are scheduled in that case.

In a 2011 preliminary hearing for Bloomfield and Lomu, an ex-girlfriend of Bloomfield testified that tensions had been high between the gang her boyfriend at the time belonged to — the West Valley City-based Baby Regulators — and a rival predominantly Tongan gang based out of Glendale, the Tongan Crips. A “brawl” had broken out between the two earlier that summer, and Lomu, who is also believed to be a Baby Regulator, had his house targeted in a drive-by shooting soon after.

A number of people — including Fonua, Bloomfield, Lomu and Angilau — were drinking heavily at a party in West Valley City on July 19, 2009, and becoming increasingly more angry about the rivalry, the woman said. The four men headed out looking to retaliate at another party they had heard about in Salt Lake City.

According to charging documents, an armed Fonua headed into the home at 1309 S. Stewart St., but realized it was the wrong house.

Others in the home took cover in another room when two men burst in through the front door and gunfire rang out. They didn’t witness the shooting but emerged to find Flores on the couch where she had been resting, wounded with a gunshot to the head. She died Aug. 2, 2009.

– Deseret News

Mateni Tapueluelu legally elected as member for Tongatapu 4, Court of Appeal declares

By
Philip Cass
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Māteni Tapueluelu was legally elected, Tonga’s Court of Appeal said today.

In a 19 page ruling dated April 8, Judges Moore, Handley, Blanchard and Tupou found his election was lawful and did not breach Clause 65 of the Constitution.

Clause 65 says that “no person may be chosen against whom an order has been made in any court in the Kingdom for the payment of a specific sum of money the whole or any part of which remains  outstanding.”

However, the judges said Tapueluelu was not in breach of Clause 65 because the Court of Appeal had stayed a Magistrate’s judgement against him pending an appeal in 2012.

That stay was in force at the time of his nomination and election in 2014.

Tapueluelu had lodged an appeal with the Court of Appeal to overturn a declaration by Lord Chief Justice Paulsen that his election on November 27, 2014 as the People’s Representative of the Tongatapu 4  constituency was unlawful and invalid.

Lord Chief Justice Paulsen’s judgement was based on the fact that at the date of Tapueluelu’s nomination and election, there was a judgment against him from the Magistrate’s Court.

On June 17, 2011 Tapueluelu was held liable to pay veteran Tongan politician Clive Edwards $TP10,000 in damages and $TP4500 in costs in a civil action for defamation.

Tapueluelu lodged an appeal against the Magistrate’s decision, but his appeal had been struck out by the Supreme Court on the grounds of what the Appeals Court called “inordinate and inexcusable delay in the prosecution of the appeal.”

An application for leave to set aside the Supreme Court’s decision and for a stay of execution of the Magistrate’s Court’s judgment had been dismissed by the Supreme Court, but on August 30, 2012 a Judge of the Appeals Court gave him leave to appeal and ordered the Magistrate’s Court’s judgment to be stayed, pending the outcome of that appeal.

An attempt to overturn the Magistrate’s    Court’s original judgment against him was dismissed by the Appeals Court in June 2015.

In its statement, the Appeals Court said that stay was in force when Tapueluelu was nominated, registered as a candidate, elected and took his oath of office as a People’s Representative.

The main legal points

The four judges said the main issues they had examined were:

  • Whether a Tongan Court’s order for payment of a specific sum of money remains “outstanding” if execution of the order has been stayed by that court or a higher court;
  • Whether it is possible to challenge the validity of the outcome of an election by a means other than a petition brought under, and within the time limit fixed by, the Electoral Act, in a case raising an issue under cl 65 of the constitution;
  • Whether such a challenge can be brought by the Attorney General; and
  • Whether the Supreme Court in the exercise of its discretion should, in any event, refuse to grant any relief.

On the first point, the judges declared:

“What is intended by clause 65, we believe, is that a person qualified as an elector should  not be able to become a  candidate at an election if at the time of nomination he or she is in default in complying with a court order for the payment of specific sum of money.”

“But such a judgement  does  no more than  create  a judgment debt. It is not framed as an order to  pay.  If the judgement  debtor does not pay, he is not in breach of the judgment or order so as to be in contempt.

“Once a stay has been granted the judgment debtor is not in default (even if the judgment was in the form of an order to pay) because the judge granting the stay, which is likely to be granted only pending the determination of an appeal, has concluded that the debtor should not be compelled by court process to pay until it is decided.

“The judgment debt is not ‘outstanding’  in terms of Clause 65 once a stay has been ordered. The debtor cannot be seen to be in default in the sense that he is simply ignoring the judgment or refusing to give effect to it. He has gone back to the court and it has agreed to stay the operation  of the judgment  so far as court processes are concerned.”

On the second and third points, the judges said the Attorney General could not challenge the outcome of the election because it breached Sections 25 and 26 of the Constitution, which limited the people, time and means of appeal against the outcome of an election.

On the final point the Court of Appeal awarded costs to Tapueluelu in the Court of Appeal and Supreme Court.

The main points

  • Mateni Tapueluelu was legally elected, Tonga’s Court of Appeal said today.
  • In a 19 page ruling issued dated April 8, Judges Moore, Handley, Blanchard and Tupou found his election was lawful and did not breach Clause 65 of the Constitution.
  • The judges said Tapueluelu was not in breach of Clause 65 because the Court of Appeal had stayed a Magistrate’s judgement against him pending an appeal in 2012.
  • That stay was in force at the time of his nomination and election in 2014.

MP Tapueluelu’s future in balance as court investigates claims he breached electoral law

New change to waste policy benefits Nukuʻalofa residents

By
Kaniva Staff
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A change to Tonga’s waste collection policy has benefitted both inside and outside residents of Nukuʻalofa.

The new change means every waste put out on collection day “will be collected”.

Previously, residents have to purchase stickers and stuck them on their waste bins to show the carbage truck drivers they have paid for their waste to be picked up.

This means the wastes from residences which did not pay and got stickers would not be collected.

The waste charges now are added to residents’ monthly power bills.

“From the 1st April, if you put waste out on your collection day it [will] be collected. Stickers will no longer be required, with the Utilities Board resolving to improve waste collection services for the benefit of our health and environment”, a statement from Waste Authority says.

“From the start of May, you will see that waste charges will now be included in your Tonga Power bill. This new arrangement is to make sure that every home, every institution, and every business pays the waste charges”.

Woman rescued after falling overboard from ʻOtu Angaʻofa

By
Alpha Latu
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A woman has been rescued after falling overboard from a Friendly Islands Shipping Agency  passenger ferry bound for the northern outer islands of Tonga.

The woman fell from the ʻOtu Angaʻofa ferry on Tuesday morning while it was unloading shipments and passengers in Nomuka.

The island has no wharf and the ferry has to heave to in the open sea while cargoes and passengers are offloaded into a barge.

Report from Nomuka said the sea was really rough and it was dark when the woman fell but she was immediately rescued and uninjured.

FISA company could not make a comment saying it’s awaiting a report from the captain of the ship.

The woman’s identity was unknown.

Cyclone relief goods from Kiwis arriving in Vava’u

By
Kaniva Staff
-

Cyclone-relief donations from Tongans in New Zealand and other ordinary Kiwis will be arriving in Vava’u from the 11th of April.

Three container loads of goods, collected by the Vava’u Relief Committee have left New Zealand on the Olo Mana. The containers are carrying family-to-family donations as well as many items of non-perishable food donated by Churches and individuals in New Zealand for the Vava’u community at large.

“I am travelling to Tonga to receive the containers and to ensure that all donations get to the right people and the right village after they are unpacked,” says Vava’u Relief Committee Chair, Jenny Salesa.

“I am really grateful to all of the media who have supported our calls for community donations and to the many people who then contributed food items, in particular the many Tongan Church congregations who answered the call as well as the Robertson Road Niuean Church in Māngere.

“My committee is also delighted to be able to offer Vava’u families in New Zealand the chance to support their families back home.

“Thanks to all of these wonderful people, three container loads of non-perishable goods have left New Zealand destined for Vava’u.

“My thanks also to Matson Shipping, which has donated and shipped the containers for free; to Ultimate Transport, which transported the containers within New Zealand for free; to the Lotofale’ia Tongan Methodist Church in Mangere, which hosted the containers while they were packed; and to the Tongan Government, which has waived port and customs duty fees,” Jenny Salesa said.

Tonga grateful, Zena hit but largely unscathed

By
Kaniva Staff
-

Cyclone Zena was over Tonga this afternoon but has left the kingdom mostly unscathed.

There were reports of minor damages during the morning hours in Nukuʻalofa including an accident on Vuna Road after a street lamp fell and hit a Tonga Water Board vehicle.

Fuʻamotu Met Services said at 2.45pm today Thursday 7 Tropical Cyclone Zena was downgrated to Category One when it hit Tonga at 1pm.

It said it was located about 95km west-southwest of Nuku’alofa or 110km west of ‘Eua at 1pm.

On its current track, the cyclone is expected to lie about 145km southeast of Nuku’alofa at about 7:00pm this evening.

Met said the storm warning previously in force for ‘Eua, Tongatapu and Ha’apai is now cancelled.

The gale warning previously in force for Vava’u is now cancelled.

The heavy rain warning previoulsy in force for Tongatapu,’Eua, Ga’apai and Vavauis now cancelled. the flash flood warning previously inforce for tongatapu,’Eua, Ha’apai and  Vava’u is now cancelled.

A strong wind warning is now in force for ‘Eua, Tongatapu, Ha’apai and Vava’u and is now cancelled for Niuatoputapu and Niuafo’ou.

A heavy damaging swells remains inforce for Tongatapu,’Eua, Ha’apai and Vava’u coastal waters.

Diabetes during pregnancy increases significantly

By
Kaniva Staff
-

Tongan women with diabetes during pregnancy were increasing significantly in numbers a statement from Tonga Health said.

Diabetes is a serious health problem in Tonga affecting more than thousands a year.

Tonga Health today marked the “World Health Day” with the theme “Together on  the front line against Diabetes”.

It said diabetes “puts a heavy burden” on patients and affected their financial means and affordability.

“There is also a startling rise in the number of pregnant mothers developing diabetes – referred to as Gestational Diabetic Mothers or GDMs”, Tonga Health said.

The kingdom has committed to fighting against the deadly non communicable disease and in 2006 the Tonga Diabetes Association was established.

Tonga is also one of the 21 member countries of the International Diabetes Foundation.

A study by Professor Stephen Colagiuri of the University of Sydney  found that about  15,000 people in Tonga have type 2 diabetes of which 12,000 were “undiagnosed”.

The survey said most of the population is “overweight and has other risk factors for cardiovascular disease”.

The report found that the “lifestyle-related noncommunicable disease” was key factor in causing the increase in the number of diabetic patients in the kingdom.

Tonga Health has planning and strategy in place to battle the national non- communicable diseases (NNCD) and is supported by the Government of  Australia Tonga Health.

The national health body marked the World Day today in Nukuʻalofa with the following programme:

11am, 89.5FM: Diabetic Specialist Dr. Taniela Palu throws light on the Diabetic epidemic in Tonga

11:30am. A3Z: Diabetic Specialist Dr. Taniela Palu in conversation with Viola Uluaki

2pm, A3Z: LIVE Talk-Back with Dr. Sione Tomiki and chief nurse Seilini Soakai of the Diabetic clinic, Vaiola hospital

7:30pm, TV Tonga1: An in depth conversation with nurses Kafuatu and Penisimani, which special focus on the situation pregnant mothers with Diabetes face and how to win it over.

Cyclone Zena downgraded as it expected to make landfall in Tonga

By
Kaniva Staff
-

Tropical Cyclone Zena was due to make landfall in Tongtapu this afternoon but was downgraded to a Category 2 storm overnight as it was moving away from Fiji.

Zena was located about 540km west of Nuku’alofa  at 7am this morning, according to Tonga Met Service Centre at Fu’amotu.

The cyclone has estimated average winds speed of 110km/hr with momentary gust of 155km/hr and is moving east-southeast at 46km/hr.

On its current track, the cyclone is expected to lie about 200km west-northwest of Nuku’alofa or 230km west-northwest of ‘Eua at about 1:00pm this afternoon Thurday 7.

Meanwhile our correspondent in Tonga has reported that clouds spread over most part of Tongatapu and it was rainy in Nuku’alofa.

Facebook users have reported that there was calm in Ha’apai  although there were clouds seen over Lifuka and Foa.

Met said a storm warning remains in force for ‘Eua, Tongatapu and Ha’apai.

A gale warning remains in force for Vava’u.

A strong wind warning remains inforce for Niuatoputapu and Niuafo’ou.

A heavy damaging swells remains inforce for Tongatapu, ‘Eua, Ha’apai and Vava’u coastal waters.

A heavy rain warning remains inforce for Tongatapu, Eua,  Ha’apai and Vava’u

A flash flood warning remains in force for Tongatapu,’Eua, Ha’apai and Vava’u.

For  Tongatapu, ‘Eua and Ha’apai:

Expect damaging gale force winds average speed 65-85km/hr (35-45 knots) this afternoon.

Increasing to destructive storm force winds average speed of 110km/hr(60 knots) this evening.

With momenatry gust up to 155km/hr(85knots).period of rain,heavy at times with severe thunderstorms.expect flash flooding in low lying areas including seas flooding.high to very high seas with heavy damaging swell.

Car accident causes power pole falls near school building occupied by children

By
Kaniva Staff
-

School children at Kolomotuʻa Primary School were evacuated from a school building they were studying in because a vehicle crashed into a power pole just outside the school compound on Monday.

The powerpole was broken causing its top part with power lines to lean towards the school building.

No injuries were reported and the conditions of the vehicle and the driver were still unknown.

Facebook users have reported the school was closed down for the midterm break but children who will be sitting the Secondary School Examination Entrance at the end of this year were having classes when the incident happened.

Tropical Cyclone Zena targets Tonga

By
Kaniva Staff
-

Tropical Cyclone Zena continues to gain strength as it about to make landfall in Fiji this evening before heading towards Tonga.

On its current track severe Tropical Cyclone Zena Category 3 was located near south east of Nuku’alofa at 1pm today Wednesday 6, The Fua’amotu Tropical Cyclone Warning Centre (FTCWC) said at 4.30pm.

Zena carried an estimated average winds speed of 120km/hr with momentary gust of 150km/hr and is moving east-southeast at 40km/hr.

It may affect the island groups of ʻEua, Tongatapu, Ha’apai and Vava’u from later tomorrow.

FTCWC  said a gale alert is now in force for all land and sea areas of ‘Eua, Tongatapu, Ha’apai and Vava’u.

A strong wind warning remains in force for Tongatapu, ʻEua, Ha’apai and Vava’u.

A heavy damaging swells remains in force for Tongatapu,’Eua, Ha’apai and Vava’u coastal waters.

Forecast to midnight tomorrow for Tongatapu and ‘Eua:

Fresh to strong south to souwest winds turning north to northwest winds gusty at times increasing to damaging gale force winds from later tomorrow.

Mostly cloudy with scattered showers. Very rough to high seas.

For Vavaʻu and Ha’apai:

Moderate to fresh west-northwest winds, strong at times.

Mostly clodudy with occassional showers, possibly heavy at times, with possible isolated thunderstorms. Seas very rough to high.

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