A Popua man who stabbed his son-in-law, slashing his wrist, after an argument with the victim’s wife has been jailed for two years and eight months.
‘Atunaisa Kali was sentenced yesterday August 28 for attacking the victim, Feleti Hafoka after Hafoka questioned the whereabout of his wife, who is Kali’s daughter.
Kali pleaded guilty to causing grievous bodily harm.
The court was told that Hafoka and his wife Halina live in Popua in a separate house on Kali’s allotment.
On the afternoon of 11 March 2023, Halina left the residence. She did not come home that night.
The next day, Hafoka was cooking food in their backyard when he noticed Halina at her parent’s house. He asked her where she had been. That led to an argument. As Hafoka turned to leave the house, Kali attacked him with a short samurai sword, the judgement said.
Hafoka raised his left hand to defend himself and the blade slashed his wrist, resulting in a deep laceration, fracture to his Hamate bone, and damage to one of his extensor tendons.
He was taken to hospital where he underwent surgery.
On March 14 Kali was arrested and charged and admitted to the offending.
On 18 March 2023, Hafoka was discharged from hospital. His injuries took about six months to fully heal albeit with significant scarring. No other residual deficit has been reported.
In his ruling, Lord Chief Justice Whitten said Kali is convicted of causing grievous bodily harm and is sentenced to two years and eight months (or 32 months) imprisonment.
The final 16 months of the sentence are to be suspended for a period of two years from the date of the Kali’s release from prison on condition that during that period he is to:
(a) not commit any offence punishable by imprisonment;
(b) be placed on probation;
(c) report to the probation office within 48 hours of his release from prison and thereafter as directed by his probation officer; and
(d) complete an anger management course as directed by the probation officer.
Failure to comply with those conditions may result in the suspension being rescinded and the Defendant being required to serve the balance of his prison term.
In the result, and subject to those conditions and any remissions available under the Prisons Act, the Defendant will be required to serve 16 months in prison.
A senior Pacific media figure is saddened by moves of the Tongan parliament to effectively stage a “media blackout” – blocking the public and media and from getting access to parliamentary sessions and debates.
Kaniva News Editor Kalino Latu
This comes at a time when a group of members of Parliament have filed a no confidence motion in the government of Prime Minister Siaosi Sovaleni Hu’akavameiliku, and the Auditor General is reporting critically on the poor financial management of some government agencies.
The Editor of Auckland-based Kaniva Tonga News, Kalino Latu, told Levi Matautia-Morgan on 531pi’s Pacific Mornings that Parliament stopped updating its website with official parliamentary records and debates in June 2023.
And this month the Speaker, Lord Fakafanua, announced that the House was no longer funding daily radio broadcasts of the proceedings of the House.
“The public in general believe that this a media blackout which was intentionally imposed by the Parliament to block the media and the public from getting access to the Parliament sessions and debates,” Latu said.
He said some believe it’s politically-motivated but he was saddened given the tremendous strides the Tongan parliament had made recently in terms of transparency and improving its relationship with the media.
He said in 2021, parliament launched a “Tonga Parliamentary Reporter’s Handbook” that was celebrated as a major milestone but the speaker who launched that book, is the same one who has now stopped funding the daily radio broadcasts.
“It’s really incredibly sad to me to see that Parliament has made such decisions because it’s ruined the good works recently to develop and improve its relationship with the media and the public,” Latu said.
The no confidence motion was filed by Tongatapu MP No 5, Dr ʻAisake Eke, last Tuesday which was supported by 10 other MPs – the minimum number required for the motion to be considered by the House, Latu said.
He said the law requires that the motion be considered by the House within 14 days.
Latu said the 10 includes two nobility MPs, so it will be interesting to see whether others will support the motion.
Watch the full interview below or head to 531pi’s Facebook page to like, share and comment on the interview.
By Kevin Anthony and Christina Persico of RNZ and is republished with permission
The court case followed a motion of no-confidence in the prime minister being defeated under a technicality of the rules as interpreted by the speaker.
Sato Kilman with opposition supporters outside the Vanuatu Supre Court in Port Vila. Photo: Kelvin Anthony/RNZ Pacific
Former prime minister Sato Kilman, who is now in the opposition, said the judge had ruled an absolute majority in parliament was 26, so the opposition won the case.
But the judge had stayed the case until 3pm on Monday to allow any appeal.
“We are glad, because we believed that we were right from the start, and that is why we lodged the application to the court,” Kilman said.
Sato Kilman says he is pleased with the ruling. Photo: Kelvin Anthony/RNZ Pacific
Earlier this month the opposition, in seeking to remove Prime Minister Ishmael Kalsakau, won 26 votes in the 52-member House, while the government got 23 votes.
There was one abstention, from the speaker; one seat is vacant and one is empty due to that MP getting medical treatment overseas.
Vanuatu’s constitution states that an absolute majority is needed to oust a prime minister and this has been interpreted to mean 27 MPs in the 52-member parliament.
Kalsakau said there was legal precedent to support this position.
In the judgment released on Friday, the judge said the court “concludes that the actual number of members of Parliament when this vote was taken is the relevant number on which an absolute majority should be based”.
“It is the view of this court that the applicants have shown that their Constitutional rights, as set out in the application filed on 17th August 2023, have been infringed by the 1st respondent,” the judgment said.
“They are entitled to relief sought.”
It also said an order would be issued about that relief, but the order would include a stay to allow an appeal before any further steps are taken to enforce the order.
Cathy Solomon, 64, who lives in Port Vila, said the majority of people in Vanuatu were suffering because of “unfair and sad” politicians who were only thinking of self preservation.
She said the country’s politicians had failed in their purpose as elected representatives of the people.
She said it was time for more women to get into parliament so they could challenge and change Vanuatu’s precarious politic situation.
Hendon Kalsakau, 65, a chief of the Coconut Tribe on Ifira island, said the situation was “affecting deeply” the Ni-Vanuatu people.
The Prime Minister Hu‘akavameiliku is currently awaiting king Tupou VI to appoint his newly nominated Cabinet Ministers.
The Prime Minister said on July 6 his nominations had been submitted to His Majesty.
Kaniva News understands the king has yet to sign the proposal which was apparently submitted before July.
The Minister of Fisheries post was still vacant after former Minister Sēmisi Fakahau died in October 2022. There was a rumour going around that a new Minister of Police was nominated. The Prime Minister is currently the Minister of Police.
The lack of response from the throne comes after the late Prime Minister ‘Akilisi Pōhiva’s requests for an audience with the king went unanswered. The law says the Prime Minister must meet with the king once every month.
However, as we previously reported, the late Prime Minister Pōhiva Tu’i’onetoa claimed in an interview with Kaniva News that the king did not accept the audience because he was unhappy with ‘Akilisi.
In 2017, the king dissolved the Parliament in an attempt to revoke Prime Minister ‘Akilisi Pōhiva and his Cabinet but that did not work out after it became clear that he has no power in the constitution to dismiss the Cabinet. His dissolution power, according to the constitution, is restricted to the Legislative Assembly only.
In 2021 the king shocked the nation, by questioning the honesty of the members of parliament and their ability to run the government. He also chastised the Tu’i’onetoa government for its involvement in businesses and failing to complete the annual ministerial reports on time.
The law stipulates that the Prime Minister must nominate his Cabinet ministers and submits it to the king for appointment. There is no timeframe for the king’s signature.
The news comes after a Motion of No Confidence in the Prime Minister’s government was filed on Tuesday by 10 MPs.
The Parliament said MP Dr ‘Aisake Eke had submitted the motion of Vote of No Confidence on Tuesday with 10 MPs, which Kaniva News understands including two nobility MPs Lord Tu’ivakanō and Lord Nuku.
A motion for a vote of no confidence against Tongan Prime Minister Siaosi Sovaleni Hu’akavameiliku has been filed in the parliament.
The motion was filed on Tuesday by 10 MPs.
Matangi Tonga Online reported the news citing an anonymous source.
The news comes after Kaniva News reported last week a revelation by MP Piveni Piukala about his proposed motion of no confidence in the Hu’akavameiliku government, saying the government’s financial record justified the move.
As we reported at the time, Piukala told an interview with Facebook livestream programme Radio Television Tonga International (RTTI) the government had failed to “aggressively address” the deficit budget.
He said the solution for a deficit budget was to reduce expenses, but this had not been the case. In the previous budget the government’s travelling allowance was budgeted at TP$13 million, but grew to TP$21 million.
The government could not be reached for comment.
Hon. Piukala claimed this was unlawful because the law said the government could only make an increase of 10 percent, or TP$1.3 million. Instead the government increased it by TP$8 million. Piukala described the situation as a crisis currently faced by the nation.
He said there were complaints about the problems with roads, but TP$27 million had been spent on them. He was referring to the former government’s controversial roading project, which is still being dealt with by the Hu’akavameiliku’s government.
During the interview, RTTI owner and journalist Setita Tu’i’onetoa told Hon. Piukala many people did not think this was a time to move a no confidence vote motion because it could affect the economy of the country. She suggested it could stir up political unrest in the country and that the government should be given its remaining two more years to finish off their term.
Hon. Piukala responded by asking where Tu’i’onetoa obtained her facts and said she had given her audience a “misconception of what the reality is.”
He said it was his job as an elected MP to submit the vote of no confidence. He told Tu’i’onetoa her claims were different from the solid information he had.
Tu’i’onetoa told Piukala her source of information was from discussions on social media. She also asked Piukala to explain any failures and causes that would cause enough mistrust in the Hu’akavameiliku government to justify a vote of no confidence.
In response Piukala said, he has been on livestream programmes enough times to explain the failures of this government and he did not know what else he could do to explain it.
By John Gerritsen of RNZ and is republished with permission
Japan’s release of over one million tonnes of treated nuclear wastewater into the Pacific is officially underway.
Tokyo Electric Power Company Holdings has confirmed that the disposal started at 1pm local time on Thursday.
“This is a big step and punctuating moment in the process of decommissioning,” TEPCO spokesperson Junichi Matsumoto told media on Thursday.
“We will have 30 years or so [to release the water], we will ensure safety and quality.
“We will accomplish this discharge, we have to buckle down ourselves and we have to do it with an intense attitude,” he said.
TEPCO said it was an important step towards decommissioning the destroyed Fukushima power plant after it was hit by a tsunami 12 years ago.
“Per day 460 tonnes is the amount of discharge. So if there are no troubles in about 17 days, 7800 cubic metres of water will be successfully discharged,” Matsumoto said.
Assurances were given in TEPCO’s latest media briefing that if unsafe levels of Tritium were detected, the operation would stop until the water has been re-treated through its ALPS processing system and was safe.
Daily monitoring has begun and the International Atomic Energy Agency (IAEA) is also independently monitoring the process on site.
“So, after a sea water pump is operated regarding the vertical shaft, the monitoring will become in service,” Junichi Matsumoto said.
The treated water is being discharged “continuously”, he added.
Holding Japan ‘fully accountable’
Pacific leaders are committed to holding Japan accountable should anything go wrong, the Secretary General of the Pacific Islands Forum, Henry Puna said.
“We’ve done our best to get Japan not to commence the discharge, until there is full agreement that it’s verifiably safe to do so. But Japan has taken a sovereign decision.
“And you know, that point is now past. What we need to focus on now is to hold Japan to account,” he said.
He said Japan has made a guarantee that it will comply with international standards and the Pacific will be watching keenly to make sure it stays that way.
“Since the announcement of the discharge in April 2021, our leaders have been busy engaging with Japan.
“The statements are very clear. Their collective statements expressing our concerns given our nuclear legacy issues and that position has never changed,” Puna said.
Pacific leaders are to discuss the issue face-to-face in Rarotonga in November at the Pacific Islands Forum leaders’ meeting.
The parliament’s decision to grant MPs pay rises which allowed a pay back period of three years from 2018 until 2021 was a breach of the constitution, the Lord Chief Justice Whitten has ruled today.
The decision comes after Member for Tongatapu 4 Mateni Tapueluelu sought leave to apply for judicial review of two resolutions of the Legislative Assembly – 58-A/2018 and 60A/2018 – passed in 2018 and a decision in 2022 to implement those resolutions.
Mr Whitten ruled that Tapueluelu has “established an arguable case that” the House did not comply with its own rule which stipulated that such decisions must be “dealt with as motions”.
As Kaniva News reported previously the House passed the decisions after circulating a circular among its MPs.
However Mr Whitten said previously that “The circulars were neither a motion nor a resolution”.
“The Defendants’ challenge to jurisdiction is refused”, Mr Whitten said today.
“The Plaintiff has leave to proceed.
“The Defendants are to file a Statement of Defence by 22 September 2023.
“The Plaintiff is to file any Statement of Reply by 13 October 2023.
“The matter will be listed for further directions before Tupou J on 20 October 2023 at 9 AM in court 2 or such other date as Her Honour may advise.
The costs of the Defendants’ application shall be costs in the cause”.
The hearing for a judicial review of a decision by Parliament to grant MPs pay rises is now up to a Supreme Court judge to determine if the Legislative Assembly was acting within the powers given to them by legislation
MP Tapueluelu (Middle), his wife Lautala and members of his legal team. Photo/Supplied
Member for Tongatapu 4 Mateni Tapueluelu sought leave to apply for judicial review of two resolutions of the Legislative Assembly – 58-A/2018 and 60A/2018 – passed in 2018 and a decision in 2022 to implement those resolutions.
Tapueluelu and his legal team posed for a photo outside a Tongan court and shared it on social media today.
A caption said this was the final day of the hearing and they were awaiting the court decision.
As Kaniva News previously reported, the application was heard by Lord Chief Justice Whitten.
The effect of the resolutions was to grant Members and staff of the Legislative Assembly a 14% pay rise backdated to 2018.
A previous court document said the timing of the approvals was unreasonable given that the kingdom was in a financial crisis following the volcanic eruption, tsunami and Covid-19 epidemic.
The first resolution was not the subject of a motion prior to its circulation for Members’ approval. Voting was done by placing a tick next to MP’s names and signing their names.
The effect of the resolutions was to propose pay rises for MPs amounting to $TP1,997,742 for 2018/19; $TP1,538,742 for 2019/20; $TP1,538,742 for 2020/21 and $TP1,968,662 for 2021/22.
The pay rises derived from consultancy work done by Dr ‘Aisake Eke and investigations by the Standing Committee on Privileges and the Standing Committee on Finance.
The court was told that none of the reports from the Standing Committees or Dr Eke were referred to Parliament for debate and vote in accordance with Rule 79 of the Rules of Procedure of the Legislative Assembly.
During a sitting of Parliament in June last year the then Minister of Finance, Tatafu Moeaki, referred to a provision of $TP6.7 million for salary increases for Members of the Legislative Assembly and staff.
Lord Chief Justice Whitten said the 2022/23 Appropriation Act was assented to on 30 June 2022. At the bottom of page 152 of the approved Budget, the sum of TP$6.7 million is stated in the “Note” without any explanation or detail as required by ss 7(5) of the Public Finance Management Act.
“Mr Tapueluelu believes that sum represents the amounts for the pay outs pursuant to the resolutions,” the judge said.
In July 2022, the Legislative Assembly resolved to implement the salary increases and backdate the payments to commence from 1 July 2018. That decision was not the subject of any motion presented to, or debate within, the Legislative Assembly. There was no record of any proper resolution to that effect as required by Clause 19 of the Constitution.
“The financial implications of the decision are said to have been immense, given the nation was in a critical situation and in a recovery phase from the impacts of the volcanic eruption and tsunami in January 2022 and the Covid-19 pandemic from the first week of February 2022,” the judge said.
The salary increases for the Members and staff were described in the Reports of the Standing Committees as being justified on the basis of increases in the costs of goods in Tonga. The effect of the decision was to grant Members of Parliament a pay rise of 14%. Meanwhile, the cost of living allowance for all other civil servants was only 3%.
In his application, Hon. Tapueluelu said Parliament’s powers were bound by the Constitution of Tonga, which was the supreme law.
The Rules of Procedure of the Legislative Assembly were mandated by clause 62(2) of the Constitution. The Legislative Assembly’s failure to comply with its Rules was a breach of the Constitution.
The Legislative Assembly did not have the privilege of supremacy over the Courts.
On the use of circulars, Lord Chief Justice Whitten said Part 5 of the Rules of Parliament prescribed the procedure for matters for discussion in the Legislative Assembly. Rule 79 required such matters to be presented by way of a notice of motion. Both the resolutions under consideration were communicated to the Members in the form of circulars delivered to their homes for them to tick and sign their names to express agreement.
The circulars were neither a motion nor a resolution, the judge said.
The manner in which the resolutions were communicated was in breach of Rules 79 and 80 which is, in turn, inconsistent with clause 62(2) of the Constitution.
Circulars were usually used for administrative purposes such as issues concerning travel, donations and other minor matters. In this instance, the practice was inconsistent with Rule 117 and therefore clause 62(2) of the Constitution because it denied Members their right to debate and vote before reaching a decision by means of a resolution as per clause 19 of the Constitution.
“The timing of the approval was so unreasonable that no reasonable authority could ever have decided it,” the judge said.
“Tonga was still recovering from the Hunga Tonga Hunga Ha’apai volcanic eruption and tsunami and the Covid-19 lockdowns. The nation was in crisis and subject to severe financial constraints.
“Yet, the Legislative Assembly made a decision, without any proper motion, debate or vote, to apply substantial amounts of money to pay out salary increases for Members and staff back dated 1 July 2018.”
Lord Chief Justice Whitten granted Hon. Tapueluelu leave to apply for judicial review of the lawfulness of the two resolutions in 2018 and the decision in July 2022 to implement those resolutions.
The hearing for a judicial review of a decision by Parliament to grant MPs pay rises is now up to a Supreme Court judge to determine if the Legislative Assembly was acting within the powers given to them by legislation
Member for Tongatapu 4 Mateni Tapueluelu sought leave to apply for judicial review of two resolutions of the Legislative Assembly – 58-A/2018 and 60A/2018 – passed in 2018 and a decision in 2022 to implement those resolutions.
Tapueluelu and his legal team posed for a photo outside a Tongan court and shared it on social media today.
A caption said this was the final day of the hearing and they were awaiting the court decision.
As Kaniva News previously reported, the application was heard by Lord Chief Justice Whitten.
The effect of the resolutions was to grant Members and staff of the Legislative Assembly a 14% pay rise backdated to 2018.
A previous court document said the timing of the approvals was unreasonable given that the kingdom was in a financial crisis following the volcanic eruption, tsunami and Covid-19 epidemic.
The first resolution was not the subject of a motion prior to its circulation for Members’ approval. Voting was done by placing a tick next to MP’s names and signing their names.
The effect of the resolutions was to propose pay rises for MPs amounting to $TP1,997,742 for 2018/19; $TP1,538,742 for 2019/20; $TP1,538,742 for 2020/21 and $TP1,968,662 for 2021/22.
The pay rises derived from consultancy work done by Dr ‘Aisake Eke and investigations by the Standing Committee on Privileges and the Standing Committee on Finance.
The court was told that none of the reports from the Standing Committees or Dr Eke were referred to Parliament for debate and vote in accordance with Rule 79 of the Rules of Procedure of the Legislative Assembly.
During a sitting of Parliament in June last year the then Minister of Finance, Tatafu Moeaki, referred to a provision of $TP6.7 million for salary increases for Members of the Legislative Assembly and staff.
Lord Chief Justice Whitten said the 2022/23 Appropriation Act was assented to on 30 June 2022. At the bottom of page 152 of the approved Budget, the sum of TP$6.7 million is stated in the “Note” without any explanation or detail as required by ss 7(5) of the Public Finance Management Act.
“Mr Tapueluelu believes that sum represents the amounts for the pay outs pursuant to the resolutions,” the judge said.
In July 2022, the Legislative Assembly resolved to implement the salary increases and backdate the payments to commence from 1 July 2018. That decision was not the subject of any motion presented to, or debate within, the Legislative Assembly. There was no record of any proper resolution to that effect as required by Clause 19 of the Constitution.
“The financial implications of the decision are said to have been immense, given the nation was in a critical situation and in a recovery phase from the impacts of the volcanic eruption and tsunami in January 2022 and the Covid-19 pandemic from the first week of February 2022,” the judge said.
The salary increases for the Members and staff were described in the Reports of the Standing Committees as being justified on the basis of increases in the costs of goods in Tonga. The effect of the decision was to grant Members of Parliament a pay rise of 14%. Meanwhile, the cost of living allowance for all other civil servants was only 3%.
In his application, Hon. Tapueluelu said Parliament’s powers were bound by the Constitution of Tonga, which was the supreme law.
The Rules of Procedure of the Legislative Assembly were mandated by clause 62(2) of the Constitution. The Legislative Assembly’s failure to comply with its Rules was a breach of the Constitution.
The Legislative Assembly did not have the privilege of supremacy over the Courts.
On the use of circulars, Lord Chief Justice Whitten said Part 5 of the Rules of Parliament prescribed the procedure for matters for discussion in the Legislative Assembly. Rule 79 required such matters to be presented by way of a notice of motion. Both the resolutions under consideration were communicated to the Members in the form of circulars delivered to their homes for them to tick and sign their names to express agreement.
The circulars were neither a motion nor a resolution, the judge said.
The manner in which the resolutions were communicated was in breach of Rules 79 and 80 which is, in turn, inconsistent with clause 62(2) of the Constitution.
Circulars were usually used for administrative purposes such as issues concerning travel, donations and other minor matters. In this instance, the practice was inconsistent with Rule 117 and therefore clause 62(2) of the Constitution because it denied Members their right to debate and vote before reaching a decision by means of a resolution as per clause 19 of the Constitution.
“The timing of the approval was so unreasonable that no reasonable authority could ever have decided it,” the judge said.
“Tonga was still recovering from the Hunga Tonga Hunga Ha’apai volcanic eruption and tsunami and the Covid-19 lockdowns. The nation was in crisis and subject to severe financial constraints.
“Yet, the Legislative Assembly made a decision, without any proper motion, debate or vote, to apply substantial amounts of money to pay out salary increases for Members and staff back dated 1 July 2018.”
Lord Chief Justice Whitten granted Hon. Tapueluelu leave to apply for judicial review of the lawfulness of the two resolutions in 2018 and the decision in July 2022 to implement those resolutions.
Former New Zealand coach Steve Hansen has joined Australia in a short-term advisory role in the leadup to the Rugby World Cup after accepting an invitation from Wallabies coach Eddie Jones.
An Australia team spokesperson confirmed Hansen, who guided the All Blacks to their 2015 World Cup win in England, would be in camp this week ahead of Sunday’s warmup test against World Cup hosts France in Paris.
Hansen is not being paid by Rugby Australia for what is expected to be a one-week stint, the spokesperson said.
Jones and Hansen have battled from opposing coaches’ boxes throughout their long careers, most notably during the 2019 World Cup in Japan.
Under Jones, England upset Hansen’s All Blacks 19-7 in the semi-finals before losing 32-12 to South Africa in the final.
Jones, who is winless from four tests in his second stint coaching the Wallabies, is expected to name his matchday squad for the France clash on Friday.
Australia, under former coach Dave Rennie, were beaten 30-29 away by France last November.
