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Former Justice Minister says Pōhiva’s letter to acting AG “terrifying” and “unwise”

By
Kalino Latu
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EDITOR’S NOTE: Our source of information for this story was Nepituno News (www.nepituno.to). The website interviewed Mr Clive Edwards in Tongan. Kaniva News’ story is based on a translation of Edward’s interview in Tongan.

Tonga’s former Minister of Justice, William Clive Edwards, has blasted a letter issued by Prime Minister ‘Akilisi Pohiva in which he accused the Acting Attorney General of interfering in a criminal case, saying it was “political,” “terrifying,” “unwise” and “substandard”.

As reported in Kaniva News earlier this week, the Prime Minister wrote to Tonga’s Acting Attorney General, ‘Aminiasi Kefu and demanded he respond to what he described as his “grave concern” over his involvement with a firearms case in which Lord Tuʻilakepa was ordered by the Supreme Court to pay a fine of TP$10,000 (NZ$6396).

Lord Tu’ilakepa, one of the king’s 33 nobles and a former Speaker of Tonga’s Legislative Assembly, could have been jailed. Had he been jailed for two years or more he could have lost his title and noble’s privileges.

You can read the Prime Minister’s letter in full here

Edwards, who was Lord Tu’ilakepa’s legal counsel, said he was shocked to find such a letter has been written to the kingdom’s senior legal officer, who was supposed to be independent.

The former Justice Minister, said that for the Prime Minister to say the Acting Attorney General had interfered in Lord Tu’ilakepa’s criminal case implied the court’s ruling was unjust, not independent and partial.

Edwards said the doctrine of the separation of the powers, in which the executive (the Prime Minister and cabinet), the legislature (Parliament) and the judiciary (the courts and legal system) all acted independently, was important.

It protected the kingdom from the danger that the executive might interfere with the courts.

Edwards said the Prime Minister should have given the Acting Attorney General the chance to respond to the letter before any official statement was released to the media.

He said the Acting Attorney General worked under the Judicial and Disciplinary Panel and his appointment or dismissal lay within the power of His majesty and not the Prime Minister or cabinet.

Edwards said the Prime Minister’s letter was an embarrassment for a democratic country like Tonga.

In his interview with www.nepituno.to Edwards appeared to blame the Prime Minister’s new advisor, Viliami Tāufa, for the letter. The former Justice Minister said he was not the right person for the post as his expertise was based on research on cattle and dairy farming.

Edwards claimed the Prime Minister had called a meeting with the Acting Attorney General and the Solicitor General before Lord Tu’ilakepa was sentenced.

In the interview Edwards alleged the Prime Minister had told the Acting Attorney General that cabinet would make a final decision about his situation.

Edwards said the Prime Minister’s letter terrified him because it was a threat to the judiciary.

He denied the Prime Minister’s claim that the Acting Attorney General had pleaded to reduce Lord Tu’ilakepa’s sentence.

The main points

  • Tonga’s former Minister of Justice, William Clive Edwards has blasted a letter issued by Prime Minister ‘Akilisi Pohiva in which he accused the Acting Attorney General of interfering in a criminal case, saying it was “political,” “terrifying,” “unwise” and “substandard”.
  • As reported in Kaniva News earlier this week, the Prime Minister wrote to Tonga’s Acting Attorney General, ‘Aminiasi Kefu and demanded he respond to what he described as his “grave concern” over his involvement with a firearms case in which Lord Tuʻilakepa was ordered by the Supreme Court to pay a fine of TP$10,000 (NZ$6396).
  • Edwards, who was Lord Tu’ilakepa’s legal counsel, said he was shocked to find such a letter has been written to the kingdom’s senior legal officer, who was supposed to be independent.
  • The former Justice Minister said the Prime Minister should have given the Acting Attorney General the chance to respond to the letter before any official statement was released to the media.

For more information

Link to original nepituno story in Tonga here

Pōhiva says Interim Chief Secretary to cabinet's contract lawful

By
Kaniva Pacific
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The Prime Minister of Tonga, Hon. ʻAkilisi Pōhiva said the current Interim Chief Secretary (ICS) and Interim Secretary to Cabinet (ISC)  was employed according to Tonga’s employment rules.

The Prime Minister was responding to a letter from the Public Servants Association (PSA) alleging the current ICS and ISC’s employment contract was “invalid” and “unlawful”.

Hon. Pohiva said after he sought advice from the office of the Attorney General he was satisfied with the way how the interim secretary was officially appointed.

The Prime Minister went on to say the “blame” should be put on the Public Service Commission (PSC) as it “failed to make an appointment of a substantive office holder within the statutory requirements of 12 months. This is not the fault of the incumbent, and it is incorrect and improper to blame him”.

The current ICS and ISC contract with government would end soon and an interview was conducted in Nuku’alofa recently by a PSC panel to appoint a new Chief Secretary and Secretary to cabinet.

The panel’s recommendation has been withheld following a complaint launched with the Prime Minister’s office.

For more information

You can read the Prime Minister’s response in full here

Controversy: new appointment of Tonga’s Chief Secretary to cabinet goes to tribunal

By
Kaniva Pacific
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In response to a leaked information that was shared over social media early this week saying that Dr Pelenatina Langaʻoi has been officially appointed as Chief Secretary and Secretary to cabinet, the Prime Minister’s Office said the process for selecting an appointee was still ongoing.

A spokeperson for the Prime Minister’s Office, Viliami Taufa did not deny Dr Langa’oi was intially recommended by the panel for the post but said the decision has yet to be officially announced.

“The situation is not finalized yet and work is continuing. It is with the tribunal and are yet to make their final recommendation”, Taufa said.

We understand the decision by PSC’s panel to choose Dr Langaʻoi headed to the tribunal after a complaint was launched with the Prime Minister, Hon. ‘Akilisi Pohiva in relation to what has been reportedly described as a “procedural error” occurred during the interview process.

Tonga plans new bridge to connect Hahake and Nukuʻalofa

By
Kaniva Pacific
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The Tongan government will construct a bridge to connect the eastern side of Tongatapu and the capital town of Nukuʻalofa.

A Chinese team were in Tonga recently to conduct surveys in the hahake (eastern) area and negotiate with officials at the Ministry of Infrastructure about the project, Hon. Etuate Lavulavu, head of the ministry told Kaniva News in Auckland.

As the plan for the bridge was one of his ministry’s strategic and action plan 2015, the minister said the project is still in its initial stage and his ministry was working closely with the Chinese team on it before it would be submitted to cabinet for approval.

Once approved the government will look for donors to fund the project, he said.

Hon. Lavulavu said he has already briefed the Prime Minister, Hon ‘Akilisi Pohiva on the project.

Pōhiva accuses Acting Attorney General of interfering in  Lord Tuʻilakepa’s fire arms case

By
Kalino Latu
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Tonga’s Prime Minister Hon. ʻAkilisi Pohiva has accused Acting Attorney General ‘Aminiasi Kefu of interfering in Lord Tuʻilakepa’s fire arms case.

Lord Tu’ilakepa was sentenced earlier this month and ordered to pay fine of TP$10,000 within 14 days after pleading guilty to firearms and ammunition charges.

The offence carries a maximum penalty of five years imprisonment and if Lord Tu’ilapeka had been  jailed for two or more years he would have lost all his noble privileges and title.

He escaped the jail terms and still holds his title.

In a letter released to the media, the Prime Minister said Kefu appeared to have interfered  “with the independence and impartiality of a pending decision by a Supreme Judge of His Majesty’s Judiciary.”

The Prime Minister has demanded that Kefu responds to what he described as his “grave concerns.”

Kefu told Kaniva News he had just seen the letter as he was traveling overseas and would return and deal with the matter.

“I am fully prepared to answer and it is based on a total misunderstanding of judicial proceedings, and the role of the AG”, Kefu said.

Hon. Pohiva claimed Kefu, the principal legal officer who represents the Crown and the state in legal proceedings, appeared to have attempted “to reduce the severity of the case”.

He argued that Kefu failed in his role to bring full justice against Lord Tu’ilakepa.

He also accused him of trying to diminish the severity of the case in comments made on air.

The Prime Minister said  Lord Tu’ilakepa should have been treated the same way as the other people involved in the case.

Police laid firearms charges against Lords Lasike, Tu’ilakepa and Tuʻihaʻateiho, for illegal possession of firearms and weapons several years ago.

Hon. Pohiva said Lord Lasike’s case was heard four years ago. Lord Tu’ilakepa was only heard this year and Lord Tu’iha’ateiho’s case is yet to be heard.

He expressed concern about the different sentences handed down to Lord Lasike and Lord Tu’ilakepa, saying he found them “to be discriminating and excessive”.

According to the Prime Minister’s letter, only one bullet case was found in Lord Lasike’s residence while two caches of ammunitions were found at Lord Tu’ilakepa’s residences, in Longolongo and Ofu.

The Prime Minister said Kefu should have not pleaded for a lesser sentence for Lord Tu’ilakepa during his court prosecution hearing.

“Is it normal for a Crown Barrister like the Solicitor and acting Attorney General and now acting Attorney General, to be directly involved in seeking a lesser severe penalty for the defendant with the presiding judge of a case?” the Prime Minister said.

Hon Pohiva told Kefu his attitude may have been accepted by former administrations but it “has no place in my government”.

“The prolonged and unnecessary delay in bringing the case of Lord Tu’ilakepa to court baffled me,” the Prime Minister said.

For more information

You can read the Prime Minister’s letter in full here: Prime Minister’s Letter to Attorney General

The main points

  • Tongan Prime Minister ʻAkilisi Pohiva has accused Acting Attorney General ‘Aminiasi Kefu of interfering in Lord Tuʻilakepa’s fire arms case.
  • Lord Tu’ilakepa was sentenced earlier this month and ordered to pay fine of TP$10,000 within 14 days after pleading guilty to firearms and ammunition charges.
  • The offence carries a maximum penalty of five years imprisonment and if Lord Tu’ilapeka had been jailed for two or more years he would have lost all his noble privileges and title.
  • The Prime Minister has demanded that Kefu respond to what he described as his “grave concerns.”

Pope Francis welcomes King Tupou VI and Queen Nanasipauʻu

By
Kaniva Pacific
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Pope Francis welcomed Their Majesties King Tupou VI and Queen Nanasipauʻu Tuku’aho in an audience in the Apostolic Palace in the Vatican Monday, Radio Vatican said.

A statement released by the Vatican’s Press Office said:
“His Majesty first expressed his satisfaction at the election of the first Cardinal from the Pacific archipelago, Cardinal Soane Patita Paini Mafi, underlining the enthusiasm of the population and the presence of Her Majesty the Queen and numerous Tongans at the Ordinary Public Consistory held on 14 February.

“During the cordial discussions, attention was paid to the recent political developments in the country and on a number of aspects of social and economic life, as well as the positive contribution of the Catholic Church in various areas of society. There was subsequently an exchange of opinions on the international situation, with particular reference to the insular States of the Pacific and the environmental problems that some of them are compelled to face”.

Ports Authority Tonga marks 16 anniversary

By
Alpha Latu
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Tonga’s Ports of Authority (PAT) held a small ceremony to mark its 16th anniversary on the 16 February 2015 at the Head Office, Queen Salote Wharf Nuku’alofa.

In the past 16 years, PAT provided cost efficient effective and competitive services and facilities for port users and shippers.

‘’The board and staff of the Ports Authority Tonga are to be commended for their outstanding achievements in the past year,’’ General Manager Mosese Lavemai said in a statement.

‘’Our ports success is a win for us all, and a direct result of PAT’s commitment and support for critical port infrastructure projects. PAT’s infrastructure expansion support jobs, investment and economic development in every aspect for the Kingdom’s benefit’’, he further added.

In retrospect, PAT’s main mission is to enhance the long term value of (ports) business and to ensure its sustainability, by making remarkable profits returns.

“PAT’s operations are here for the long term,” remarked the General Manager.

In 2014, PAT has exceeded targets in operations, financial revenue and shareholder return. General Manager Lavemai also revealed that after 16 years the PAT is still growing stronger and expanding its ventures and infrastructure. Operating at international standard, one of the visible highlights of PAT’s success is the facilitating of incoming visits of ocean cruise liners over the last two years, when Vuna Wharf re-opened.

Chinese-Vavaʻu store robbed at gun point, four appear in court

By
Kaniva Pacific
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Three male adults and a teenager appeared in court yesterday after robbing a Chinese store with a 22 rifle on the night of February 12 at Tu’i Rd near the village of Mataika in Vava’u.

Molitoni Fifita, 22, of Koloa, Viliami Tupou, 26, of Okoa, ‘Osaiasi Talia’uli, 21, of Tokomololo and Fenuki Tupou, 17, from Okoa have been charged with conspiracy to commit robbery, committing armed robbery with a firearm without a license and aggravated robbery.

[sociallocker id=”43062″]The owner of the shop, Feing Yumn, was left unharmed according to Vava’u Police Superintendent, Netane Falakiseni.

Superintendent Falakiseni said the accused fled the scene with telephone cards worth TP$500 and other goods worth TP$2000 as well as cigarettes.

He said when Police captured the alleged robbers they recovered the stolen goods and seized the firearm. The accused remained in Police custody, Falakiseni said.[/sociallocker]

Ha‘apai celebrates appointment of new governor, meets new Prime Minister

By
Kaniva Pacific
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The Haʻapaians cerebrated the appointment of their new governor Moʻale Fīnau last week in a cerebration that appeared to have produced a euphoric mood among the celebrants when the Prime Minister ʻAkilisi Pohiva arrived at the Salote Pilolevu airport.

Hon. Pohiva was in Haʻapai as part of his role to appoint Governor Finau.

An official release from the Prime Minister’s Office read:

A human canon ball rolled down towards the plane as the 200 strong and noisy crowd cheered and clapped the Hon. Prime Minister as he led his delegation in an open truck, decked with flagrant flowers, leis and the best weaved mats and tapa cloths, specifically prepared by people from his Kauvai island, as the noisy, colorful procession clapped, cheered and crawled its way to Pangai where the official welcome and traditional and cultural protocols were held, including special ta’olunga from his extended Lotava families.

This was followed by the swearing-in ceremony of the Governor of Ha’apai, Mo’ale Finau at his LDS ward in Hihifo. The church was packed to capacity, with only standing room available, outside. The official appointment of Mo’ale Finau, by His Majesty, King Tupou VI, was read out by the Interim Chief Secretary to Cabinet, ‘Aholotu Palu. Mo’ale Finau becomes the first Governor to be nominated from outside the nobles. Significant, although the sole decision to appoint a governor rests with the PM, it still needs “royal assent” from the King, which he agreed to without hesitation.

The Hon. PM congratulated the newly appointed Governor, and advised him to appreciate and uphold the great honor endowed on him by His Majesty. With increasing power and authority vested in any prominent position, there is temptation, at times, to abuse the power therein, Hon. PM ‘Akilisi Pohiva reminded the new appointee. The Governor of Ha’apai is responsible for “all the people in your island group; its governance, administration, stewardship and care of all constituents.”

In a light-hearted banter by none other than the Minister of Infrastructure, the Hon. Lavulavu brought the congregation to occasional fits of laughter, as he related past incidents of their comradeship with the new appointee as they went through the LDS universities in Hawaii, together. Upon completion, Mo’ale knew of only one place he was going to serve, and that was Ha’apai, and he has been here since. There was one piece of advice that gripped the audience in uncontrollable fits of laughter proffered by the colourful Minister as he launched his funny anecdotes and overly exaggerated oracles at the Governor. “You are no saint”, he beamed at his close friend. “Only Jesus Christ is, followed by those elders who are sitting behind the guests of honor, and you, a distant third”, Hon. Lavulavu advised his good friend with humor. “When work needs to be done for public good and cause,” Lavulavu recited, “work is addressed in timely, organized haste, with calculated, measured and responsible approach and implemented with succinct nous, experience and skill. Take this advice brother, do it and Ha’apai will love you,” the colorful politician advised his close friend, amidst clapping and enthusiastic applause from the crowd.

Elder Tukuafu, who came together with the Hon PM ‘Akilisi Pohiva on the plane, spoke of the delight of his congregation with the nomination. He digressed in his speech, by recounting a touching moment as the plane touched down. Looking out he saw the smiles and the delight in the faces of the enthralling crowd as they awaited the Hon. PM. Instead, they were met by the LDS elder and then the Hon. PM ‘Akilisi Pohiva. “Such humility”, elder Tukuafu recounted, “is difficult to be seen in civic receptions as honorary guests are often caught up in the commotion. I am touched with the gesture”, as he told the crowd of what the PM told him to do inside the aircraft, to disembark first,” he said softly as he fought back the tears and the welling emotion.

From the LDS church, the parliamentary procession cut across to the Wesleyan hall for the celebration in Hihifo. After the speeches and the ensuing protocols, the guests of honour took their seats while the hall filled to capacity with people who came to take part in the inauguration of the Governor and the Prime Minister, enjoying the dancing, the raptures, the friendly banter and the lavishly prepared feasts put in front of them, by the participating hosts and friends of the Governor.

After a hectic five hour spell of seemingly, never ending celebration, ta’olunga and feasting, the delegation welcomed the call for the PM’s party to retreat to their residence where they wound down and caught some very much needed rest. The party flew out on Friday morning to Tongatapu, to complete the chores for the week.

NZ foreign minister Murray McCully arrives in Tonga

By
Alpha Latu
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New Zealand Foreign Minister , Murray McCully has arrived in Tonga an official statement from Tonga’s Prime Minister’s office said.

It said Hon. McCully and his entourage were greeted and welcomed by Tonga’s Finance Minister Hon. ‘Aisake Valu Eke  at Fua’amotu International Airport.

“An official meeting between the Hon. Prime Minister of Tonga, Hon Samiuela ‘Akilisi Pohiva and Hon. McCully has been set to be held shortly after arrival, and to be followed by a Joint Press Conference with the Media, later today at the Ministry of Foreign Affairs. The Hon. Minister McCully is also scheduled to visit the rebuilding of Ha’apai from the destruction of cyclone Ian, and is expected to return to New Zealand on Wednesday the 18th February 2015″, the statement said.

In a statement from the McCully’s office before he left for Tonga it said:

“Tonga is one of our closest neighbours and we enjoy a very strong relationship built around a large Tongan population in New Zealand, development cooperation, and working together
at the Pacific Islands Forum,” Mr McCully says.

“This will be my first visit to Tonga since their election late last year and it is an opportunity to discuss the new government’s priorities and how we can support their development objectives.

“Our aid programme in Tonga is currently focused on support for basic education and policing, private sector development, and in particular the development of renewable energy generation,” Mr McCully says.

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