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Tongatapu 4 seat declared vacant, but AG says he has not received appeal from Tapueluelu

In picture: L-R, Acting Attorney General ‘Aminiasi Kefu, Mateni Tapueluelu and Speaker of the House Lord Tu’ivakanō.

The Tongatapu 4 electorate has been declared vacant and Tonga’s Attorney General, ‘Aminiasi Kefu, has declared that a by-election must be called.

The seat was held by MP Mateni Tapueluelu, but the electorate’s Parliamentary seat was declared empty after the Supreme Court ruled that Tapueluelu had outstanding court debts when he ran as a candidate for Parliament.

This breached Clause 65 of the Tongan Constitution, which says that nobody can be elected if they have not paid their court fines on the day they submit their nomination paper to the Returning Officer.

Local media reported last week that Tapueluelu has appealed the court ruling, but Kefu said this morning (December 21) he had not received the appeal and therefore the seat was currently vacant.

Kefu said the: “Tongatapu 4 seat is vacant.”

According to Section 6 of the kingdom’s Legislative Assembly Act, when a seat is declared vacant, the Speaker (in this case Lord Tu’ivakano) will issue a writ for an election. It says the Electoral Commission will work with the Speaker to fix the time and place for the election:

The Attorney General told Kaniva News the court ruling was enough to declare Tapueluelu’s election was void.

Kaniva News understands all appeals against any judicial decisions in Tonga must first be registered at the Supreme Court Registry Office. Copies of the appeals must then be delivered to the Attorney General’s Office for processing.

Kefu said Section 6 of the kingdom’s Legislative Assembly Act accorded with Clauses 23 and 76, which he said the Act strengthened the constitution.

The constitution made it clear that it was the responsibility of the Speaker of the House to declare any disqualification of any MPs and apply for processing of a by-election to elect a successor.

Appeal

Tapueluelu can appeal the court decision after it was made on December 12.

New Zealand-Tongan based Barrister and Solicitor Sione Fonua said he believed that while Kefu’s interpretation of the legal situation was technically correct,  Tapueluelu’s legal team could appeal and apply for a stay of execution.

If a stay of execution was approved by the court, Tapueluelu would remain a Member of Parliament until the Court of Appeal made a decision on his appeal.

Fonua said this would depend on whether the Court of Appeal agreed to hear the appeal.

The legal situation

The following are the passages from Tonga’s Constitution and Legislative Assembly Act concerned with a person’s eligibility to be elected or retain a Parliamentary seat.

Section 6 of the kingdom’s Legislative Assembly Acts:

“If any representative shall die or shall resign his seat or shall cease to be qualified for election under clauses 23 and 65 of the Constitution or be unseated in accordance with clause 66 of the Constitution or the provisions of the Electoral Act, his seat in the Legislative Assembly shall thereupon become vacant and the Speaker of the Legislative Assembly shall issue a writ for the election of a successor. The Electoral Commission in consultation with the Speaker shall thereupon fix the time and place of such election and the person elected thereat shall hold office for the balance of the term of his predecessor.”

Clause 76 of the Constitution on by-elections:

“Upon the death or resignation of any representative of the nobles or of the people and when a member is deprived of his seat after impeachment, the Speaker shall immediately command that the nobles or the electors of the district which he represented shall elect a representative in his place. But the Legislative Assembly shall have the power to sit and act although its number be not complete.”

Constitution clause 23:

“No person having been convicted of a criminal offence punishable by imprisonment for more than two years, shall hold any office under the Government whether of emolument or honour nor shall he 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 freed from the disabilities to which he would otherwise be subject under the provisions of this clause. (Act 8 of 1961.)”

Constitution clause 66:

“Any person elected as a representative who shall be proved to the satisfaction of the Assembly to have used threats or offered bribes for the purpose of persuading any person to vote for him shall be unseated by the Assembly.”

Constitution clause 65

“Representatives of the people shall be chosen by ballot and any person who is qualified to be an elector may be chosen as a representative, save 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 or if ordered to pay by instalments the whole or any part of such instalments remain outstanding on the day on which such person submits his nomination paper to the Returning Officer: Provided that no person holding an office of emolument under the Crown shall enter the Assembly except the Ministers, and the Governors. (Substituted by Act 8 of 1978.)”

Correction: Earlier on we refferred in this story to Section 6 saying it was Section 6 of the kingdom’s Electoral Acts. This was not correct. We should say it was Section 6 of Tonga’s Legislative Assembly Acts. 

The main points

  • The Tongatapu 4 electorate has been declared vacant and Tonga’s Attorney General, ‘Aminiasi Kefu, has declared that a by-election must be called.
  • The seat was held by MP Mateni Tapueluelu, but the electorate’s Parliamentary seat was declared empty after the Supreme Court ruled that Tapueluelu had outstanding court debts when he ran as a candidate for Parliament.
  • Local media reported last week that Tapueluelu has appealed the court ruling, but Kefu said this morning (December 21) he had not received the appeal and therefore the seat was currently vacant.
  • He said the Speaker of Parliament, Lord Tu’ivakano, in consultation with the Election Commissioner, must immediately publish a notice of vacancy, the time, date and place for the by-election.

For more information

Constitution of Tonga

Tonga Electoral Act

Tongan MP’s election ruled unconstitutional (RNZI)

Ngele’ia woman arrested over passport forgery

A 65-year-old woman from Ngele’a in Tongatapu has been arrested on December 10 following  Police investigation in relation to Tongan passports forgery.

The woman was charged with two counts of forgery and knowingly dealing with forged documents contrary to sections 170, 171 and 172 of the Criminal Offences Act, Telesia Adams, Police Communication and Media Oficer said.

“The Accused was released on bail on 11 December 2015 and will appear at the Magistrate’s Court on Monday 11 January 2016″.

“Deputy Police Commissioner Viliami ‘Unga Fa’aoa confirmed that four accused persons have been charged so far in relation to the passport investigation and are now pending trial in courts. The Police are likely to lay more charges as the investigation continues”.

“The Police will not be making any further comments as the matter is now before the Courts”, Adams said.

Lord Chief Justice to deliver judgement on Lavulavu trial in January 2016

Lord Chief Justice Owen Paulsen will deliver judgement on the Lavulavu case next month.

Failed parliamentary candidate Dr Viliami Uasike Latu lodged a complaint against former Minister for Infrastructure Hon. ‘Etuate Lavulavu alleging corruption and illegal campaigning in Tonga’s 2014 General Election.

Three weeks’ of hearings concluded in Tonga’s Supreme Court in Neiafu, Vava’u, yesterday.

Mr Justice Paulsen reserved his decision until January.

Hon. Lavulavu, who is also MP for Vava’u 16, was stripped of the Infrastructure portfolio by Prime Minister ‘Akilisi Pohiva, who also imposed a fine on him earlier this year.

The Prime Minister’s actions came in the wake of a move to impeach the Minister. Lavulavu remains Tourism Minister.

Yesterday the trial heard final submissions from Hon. Lavulavu’s witnesses.

Prominent commercial farmer Sione Lisala from Leimatua and Chairman of Leimatua Women’s Development Group and Leimatua Grower’s Association gave the closing depositions on behalf of Hon. Lavulavu.

Lisala told the court that he lived next door to Dr Latu’s house in Leimatua and was related by blood to both Dr Latu and Hon. Lavulavu.

Lisala said in his evidence that everybody in Leimatua was a member of the association, which approached the Minister for help in marketing and sourcing funding for the growers’ body

Lisala answered every question firmly in support of Hon.Lavulavu during questioning by Clive Edwards, who appeared for Dr Latu.

Edwards appeared to struggle during the cross examination.

Edwards argued that for Hon. Lavulavu to represent the Vava’u Road Council was unlawful according to documents and files submitted to court by the registration office in regard to the association.

The plaintiff subpoenaed the registration file for Vava’u Road Works Council from the Ministry of Labour and Commerce and also summoned its Principal Assistant Registrar, Maiseni Fukofuka to give evidence in court.

Siosifa Tuutafaiva, who acted for Hon. Lavulavu, asked Fukofuka if the Vava’u Road Work Council was still registered under the Ministry of Labour and Commerce. Fukofuka agreed that it was.

Mr Justice Paulsen asked Fukofuka to clarify the process and how the registration forms and other documents were filed when received by the registration office.

Fukofuka said there were discrepancies in the way the Ministry of Labour and Commerce office of registrar kept records.

The court was told there were differences between different copies of the registration of the Vava’u Road Council submitted to court by the defendant and those submitted by the plaintiff.

The respondent’s evidence showed the  Vava’u Road Council documents were stamped and marked as received by the Ministry of Labour and Commerce in 2010, but that this was missing from the Ministry of Labour and Commerce file submitted to the court yesterday.

The main points

  • Lord Chief Justice Owen Paulsen will deliver his judgement on the Lavulavu case next month.
  • Failed parliamentary candidate Dr Viliami Uasike Latu lodged a complaint against former Minister for Infrastructure Hon. ‘Etuate Lavulavu alleging corruption and illegal campaigning in Tonga’s 2014 General Election.
  • Three weeks’ of hearings concluded in Tonga’s Supreme Court in Neiafu, Vava’u, yesterday.
  • Mr Justice Paulsen reserved his decision until January.

For more information

Lavulavu trial continues this afternoon, but blood ties make it hard for witnesses (Kaniva News)

PM punishes Lavulavu to work without pay for 5 months (Tongan Parliament)

Child-poverty report reveals bleakness of young lives

The Child Poverty Monitor Report 2015 makes for very bleak reading, Labour’s MP for Manukau East Jenny Salesa says.

“It illustrates the reality in South Auckland, where entrenched hardship is severely affecting many children’s health, education and future prospects.

“The hike in the number of Kiwi kids living in poverty is a disgrace – 305,000 children, up 45,000 since last year.

“Poverty rates for Pacific and Māori children are consistently higher than for Europeans. Around a third of Māori children and 28 per cent of Pacific children live in poor households, compared to an average of 16 per cent of European children.

“Nearly 148,000 children are going without the basic things they need in life.

“And three out of five children living in poverty are living in “persistent poverty” – that is, they will live that way for many years, if not their whole lives,

“Far too many continue to live in cold, damp, mouldy homes, which trigger respiratory or infectious diseases. Their parents sometimes cannot afford to pay for medicines. This has led to significant increases in the number of children hospitalised with poverty-related health issues – now around 40,000 children per year, Deborah Morris-Travis reported early in 2015.

“I agree with Duncan Garner’s recent comments that the sheer cost of housing is a major driver of child poverty.

“Poor health and education outcomes are made worse by overcrowding, which is endemic in areas like Ōtara and Ōtahuhu because of spiralling rents in Auckland’s crisis-ridden housing market.

“About 16 per cent of children live in overcrowded conditions. Māori, Pacific and Asian children – the majority demographic of my electorate – are reported to be significantly more likely than European children to live in a crowded house. Almost half of Pacific children live in crowded homes.

“We are now seeing homeless children. The recent CAB report on emergency accommodation need highlighted the lack of options for those pushed out of rented homes with nowhere to go. Too many young children are living in cars without access to basic hygiene requirements let alone a bed.

“The Government’s scattergun approach is not making progress bringing down New Zealand’s OECD-leading rates of child poverty.

“It must take child poverty seriously before it gets any further out of hand, ruining the lives of hundreds of thousands of children and damaging this country’s future.

“Lifting low incomes is very much part of the solution as is a commitment to regular measurement and concerted action on the results.

“It is heartening to see the Children’s Commissioner’s #itsnotchoice campaign attracting great public support and I hope this can be leveraged to dismantle the causes of child poverty.

“The future of our children and our country is of the utmost seriousness to Labour. As Labour Party children spokeswoman Jacinda Adern has said, we will take on the production of the Child Poverty Monitor every year and would publish the results at every budget,” Jenny Salesa says.

Tongan artist’s work is “unique,” “beautiful”

An exhibition of acrylic painting by a South Auckland-based artist has been described as “unique,” “beautiful” and “new” according to a leading Tongan art scholar and academic.

Benjamin Works, who is of Tongan and Scottish heritage, showed his work at the Mangere Arts Centre in a public exhibition entitled For the King and Country, that ran from October 16 to November 21.

Works mainly painted on board using red and black acrylic paints. The colours are particularly used in Tongan material arts and fine arts.

Professor Hufanga ‘Okusitino Mahina, an acclaimed art scholar and artist in his own right,  said the two acrylic colours were prominent in the arts of kafa kula (red sennit) and kafa ‘uli (black sennit)  and kele ‘umea (clay) and vaitohi ‘uli (black ink) used in pottery and koka’anga (ngatu making).

Professor Hufanga said Works’ art portrayed the same conflicting, but beautiful, ideas that were embedded by Tongan artists in the past when decorating their wooden weapons such as clubs, arrows and bows.

They were also found in the Tongan music instruments such as tukipitu (hitting the bamboo on the ground so it can produce sound), blowing mouth-organs, drumming and blowing fangufangu (nose flutes).

According to Professor Hufanga, Works has successfully transferred these ideas into his paintings such as The Guardian, The Explorer, King and Country, Sign of Times and Ikai ke tapu (Not Taboo).

Professor Hufanga opened Work’s exhibition by blowing the fangufangu. This was followed by an opening speech by the Director of the Mangere Arts Centre, James Pinker.

The main points

  • An exhibition of acrylic  painting by a South Auckland-based artist has been described as “unique”, “beautiful” and “new” according to a leading Tongan art scholar and academic.
  • Benjamin Works, who is of Tongan and Scottish heritage, showed his work at the Mangere Arts Centre in a public exhibition entitled: For the King and Country, that ran from October 16 to November 21.
  • Works mainly painted on board using red and black acrylic paint. The colours are particularly used in Tongan material arts and fine arts.
  • Professor Hufanga ‘Okusitino Mahina said Works’ art portrayed the same conflicting, but beautiful, ideas that were embedded by Tongan artists in the past.

For more information

For King and Country (Artweek)

Exhibition opening (Mangare Arts Centre)

Silver Fern wins NZ flag referendum

The Electoral Commission has confirmed Silver Fern (Black, White and Blue) was the winner  in the first referendum on changing New Zealand’s flag.

The next most preferred flag design is Option E: Silver Fern (Red, White and Blue), followed in order of preference by Option B: Red Peak, Option D: Silver Fern (Black and White) and Option C: Koru.

The total votes received were 1,546,734, which includes 149,747 informal votes (9.68%) and 3,372 invalid votes (0.22%).

Voter turnout is 48.78%. Turnout is calculated by taking the total votes received as a percentage of the total number of voters enrolled as at 19 November 2015 (3,170,726).

The breakdown of the iterative count process of the votes received is attached and is available online at www.electionresults.govt.nz. Information on the turnout by each electorate is attached and also available atwww.electionresults.govt.nz.

The second binding referendum on the New Zealand flag will be held from 3-24 March 2016. Voters will be asked to choose between Silver Fern (Black, White and Blue), being the most preferred flag design selected in this referendum, and the current flag. The flag that receives the most votes will be the official flag of New Zealand.

Voters should ensure that they are enrolled and their enrolment details are up to date well before voting begins in the second referendum atwww.elections.org.nz/enrol.

Research reveals Queen Sālote’s “great sorrow” about loss of tradition in modern Tonga

Fifty years after her death, new research by a Tongan scholar has revealed Queen Sālote’s fears for the demise of tradition in modern Tonga.

Queen Sālote Tupou III ruled from 1918 to 1965. The anniversary of her death comes this Wednesday, December 16.

She is widely remembered by many Tongans for her great talent in music composition, choreographer and arts.

According to Massey University Master of Philosophy candidate Paula Onoafe Lātū, who has been researching Her Majesty’s personal documents  for his thesis, she was worried about the loss of the kingdom’s traditions.

Latu said the beloved Queen Sālote “warned the twentieth century people of Tonga of the problem of neglecting talatukufakaholo [oral traditions] and their significance to the identity of the people as a sovereign nation.”

According to Latu, Queen Salote wrote: “Ko e makatu’unga ‘o e Fonua pe puleʻanga kotoa pe ko e loto mo e mo’ui mo e anga ‘o e kakai.”

In English, this means: “The foundation of every nation and government is the heart, life, and character of her people.”

“The problem is that we are throwing away [our traditions] too quickly, but have nothing to replace it, and we become gatherers of bits here and there. We have become pickers of crumbs, a generation of kailu (those who eat what has been thrown away by others),” the Queen wrote.

The Queen believed the loss of traditions meant the loss of identity of Tongans which was significant when identifying the fonua kakato (literally are still a complete country).

“That is the result of half-baked education (ako tuku konga loto) and shows the weakness of the leaders in holding on to their duties without knowing what they should be, and that is why they threw it away,” she wrote.

Queen Sālote lamented what she claimed as Tongan leaders’ disregard and carelessness in keeping and holding to the kingdom’s traditions.

She said: “We have looked at this throwing away of tradition with great sorrow, for our traditions is a good foundation for Tonga”.

In her dedication to the book Songs and Poems of Queen Sālote, which included English translations of her work by Melenaite Taumoefolau, editor Elizabeth Wood-Ellen described her Majesty as: “a gifted poet, musician, choreographer, intelligent and gracious, beloved of her people, promoter of peace and unity in Tonga.”

The main points

  • Fifty years after her death, new research by a Tongan scholar has revealed Queen Salote’s fears for the demise of modern Tonga.
  • Queen Salote Tupou III ruled from 1918 to 1965. The anniversary of her death comes this Wednesday, December 16.
  • According to Massey University Massey Master of Philosophy candidate Paula Onoafe Latu, who has been researching Her Majesty’s personal documents for his thesis, she was worried about the loss of the kingdom’s traditions.
  • Latu said the beloved Queen Salote “warned the twentieth century people of Tonga of the problem of neglecting talatukufakaholo [oral traditions] and their significance to the identity of the people as a sovereign nation.”

For more information

Poems and Songs Fit for a Queen (Radio Australia)

Royal Visit to Tonga 1954 – Queen Sālote meets Queen Elizabeth II

Tribute to Queen Sālote (NZ Film Archives)

Lavulavu trial continues this afternoon, but blood ties make it hard for witnesses

There were tears in the Supreme Court in Neiafu yesterday as witnesses told the corruption trial  of MP ‘Etuate Lavulavu  that blood ties to both sides of the case made it difficult to give testimony.

The hearing into a petition filed against the MP for Vava’u No. 16 constituency, who is also Minister for Infrastructure, on complaints of illegal campaigning and corruption has been the subject of repeated delays, appeals and adjournments.

It was adjourned again last week after 11 out of 18 witnesses for Lavulavu had testified.

The petition was filed by Viliami Uasike Latu and is being heard before Chief Justice Owen Paulsen.

Among the claims made against Lavulavu is that contracts for road construction projects were allocated corruptly.

The fact that the plaintiff (Latu) and the respondent (Lavulavu) are related by either blood or marriage to so many people giving testimony through connections within the village of Leimatua has made it hard for many witnesses.

Tears fell from Mr. Li’ekina Lavulavu as he told the court his oldest son was named after Viliami Latu and his second son was named Etuate Lavulavu Jr.

He said giving evidence was not easy for him as he was close by blood to both Viliami and Etuate.

Li’ekina gave evidence that all payment made by him to the Ministry of Infrastructure and other suppliers was on behalf of UTRI and Vava’u Road Council.

Clive Edwards, who appears for the plaintiffs, cross examined Li’ekina on whether Lavulavu was personally responsible for the cost of the Vava’u Road Council works.

However, Li’ekina repeatedly answered that responsibility for the road works  came under the Vava’u Road Council.

Officer in Charge of the Ministry of Infrastructure Automalu Tupou told the court all road construction work from July to November 2014 fell under the control of the Vava’u Road Council.

He said they were approved  by former CEO Ringo Faoliu under the community road programme.

Edwards cross examined Automalu Tupou about whether the road works came under the control of Etuate Lavulavu. Despite his repeating the question several times,  Tupou was adamant that the work was under the control of Vava’u Road Council.

In answer to questions about corruption, retired primary school teacher Aloeti Kena told the courts the school prize giving on November 26, 2014 was not a campaign function for Hon. Lavulavu.

Kena said the function was for Leimatua Women’s Development Group and Leimatua Grower’s Association. The function was chaired by Association member Sione Lisala.

Kena is also closely related by blood to both the plaintiff, Viliami Latu and the respondent, Etuate Lavulavu.

Muna Nasilai, who works as a school teacher for ‘Unuaki ‘o Tonga Royal Institute, said in her affidavit  that she helped UTRI students develop the winning website in  the Tonga in Business competition in July 2014. Ms. Nasilai gave evidence that Mr. Saia Moehau donated funds to UTRI to support Vava’u Road Council from July-November 2014.

The trial was adjourned by Chief Justice Owen Paulsen until 9am this morning (December 15).

The main points

  • There were tears in the Supreme Court in Neiafu yesterday as witnesses told the corruption trial of MP ‘Etuate Lavulavu   that blood ties to both sides of the case made it difficult to give testimony.
  • The hearing into a petition filed against the MP for Vava’u No. 16 constituency, who is also Minister for Infrastructure, on complaints of illegal campaigning and corruption, has been the subject of repeated delays, appeals and adjournments.
  • The fact that the plaintiff and the respondent are related by either blood or marriage to so many people giving testimony through connections within the village of Leimatua has made it hard for many witnesses.
  • The trial was adjourned by Chief Justice Owen Paulsen until 9am this morning (December 15).

For more information

Tongan minister’s bribery trial to continue (RNZI)

Tongan minister’s pay suspended for 5 months (RNZI)

Court says MP Tapueluelu’s election unlawful

Tonga’s Supreme Court has ruled that the election of Mateni Tapueluelu as MP for Tongatapu 4 to Parliament in November 2014 was unconstitutional.

According to Radio Tonga news, Justice Owen Paulsen ruled that Tapueluelu’s oath to become a member of the Tongan Parliament was unlawful.

Tapueluelu’s case was brought to court by Acting Attorney General ‘Aminiasi Kefu after receiving evidence from the Supreme Court Registry that Tapueluelu had breached the kingdom’s electoral laws after he failed to pay fines imposed on him by a Magistrate Court.

Kefu argued that clause 65 of the Tongan constitution stipulated that Members of Parliament could only be qualified to take their seats if they did not have an order from any “Courts in the Kingdom for the payment of a specific sum of money, the whole or any part of which remains outstanding or if ordered to pay by instalments the whole or any part of such instalments remain outstanding on the day on which such person submits his nomination paper to the Returning Officer.”

Tapueluelu’s legal team argued that Tapueluelu went through the government’s election registration procedures and was cleared to run as candidate.

They also argued that the Election Act requires that any challenges or complaints made against the election results or elected MPs must be filed within 28 days after the election.

Tapueluelu had failed to pay a fine imposed on him in 2011 after he was sued by former MP and Minister of Justice Clive Edwards over a defamatory article published in Kele’a newspaper when he was its editor.

The court was told that during the week of the elections, the newspaper published a story on its front page accusing Edwards of having a “secret list” of candidates backed by the then government for the election.

Edwards denied the claim and Tapueluelu failed to provide the court with his source of information when he was asked to do so.

Edwards represented himself in court while ‘Ofa Pouono, acting under instruction from Dr Rodney Harrison, acted for Tapueluelu.

The main points

  • Tonga’s Supreme Court has ruled that the election of Mateni Tapueluelu as MP for Tongatapu 4 to Parliament in November 2014 was unconstitutional.
  • According to Radio Tonga news, Justice Owen Paulsen ruled that Tapueluelu’s oath to become a member of the Tongan Parliament was unlawful.
  • Tapueluelu’s case was brought to court by Acting Attorney General ‘Aminiasi Kefu after receiving evidence from the Supreme Court Registry that Tapueluelu had breached the kingdom’s electoral laws after he failed to pay fines imposed on him by a Magistrate Court.
  • Tapueluelu had failed to pay a fine imposed on him in 2011 after he was sued by former MP and Minister of Justice Clive Edwards over a defamatory article published inKele’a newspaper when he was its editor.

Inquest confirms Muller drowned,  no suspicious circumstances

An inquest found the death of  24-year-old Haini Muller of Fatai  was due to drowning in Hufangalupe beach, after he fell off cliff on November 26.

The inquest took place on December 4 before the deceased’s body was released to his family, Telesia Adams, Police Communication and Media Officer said today.

It is not yet known how Muller fell off the cliff but the inquest ruled there were no suspicious circumstances surrounding his death

The finding contradicted earlier reports on social media that Muller’s death was a suicide.

Muller was reportedly at the beach with his girlfriend and others on the night when the fatal incident happened.

Police attended the scene and a man from Vaini by the name Patelesio  reportedly jumped into the water in an attempt to rescue Muller but were unable to revive him.