Samoa and Tonga have finalised their line-ups for tomorrow’s decisive Rugby World Cup qualifying match in Hamilton.
The Manu beat Tonga 42-13 in Auckland last weekend, with the aggregate winner over two legs sealing a spot at the 2023 World Cup in France.
Samoa have named an unchanged forward pack, with Jonathan Taumateine coming in at halfback in place of Auvasa Faleali’i and Ed Fidow promoted from the bench to start on the right wing. That means Tomasi Alosio shifts to his preferred fullback slot in place of Ahsee Tuala.
The ‘Ikale Tahi have made two changes in the tight five, with Siua Maile replacing Sam Moli at hooker and Harrison Mataele in at lock for the injured Zane Kapeli. Former Chiefs number eight Maama Vaipulu will provide cover for the second row and loose forwards off the bench.
In the backs, James Faiva is fit again and starts at first five after being a late scratching from the first test. That forces another reshuffle, with Kalione Hala returned to fullback and Nafi Tu’itavake dropping to the reserves.
Both teams are also in line to cap some more test rugby debutants at FMG Stadium.
Grammar Tech hooker Jay Fonokalafi and North Harbour scrumhalf Aisea Halo have been named on the Tongan bench, while Bay of Plenty wing Losi Filipo is among the reserves for Samoa.
The winner of the two-legged Oceania 1 playoff will join England, Japan and Argentina in Rugby World Cup Pool D. The loser will face the Cook Islands in Auckland next weekend for the right to keep their qualification hopes alive.
Samoa squad:
1.Tietie Tuimauga, 2. Ray Niuia, 3. Michael Alaalatoa (c) , 4. Benjamin Nee-Nee, 5. Samuel Slade, 6. Olajuwon Noa, 7. Alamanda Motuga, 8. Henry Time-Stowers, 9. Jonathan Taumateine, 10. Rodney Iona, 11. Neria Fomai, 12. Henry Taefu, 13. Stacey Ili, 14. Ed Fidow, 15. Tomasi Alosio. Reserves: 16. Seilala Lam, 17. Jonah Aoina, 18. Kalolo Tuiloma, 19. Theo McFarland, 20. Jack Lam, 21. Dwayne Polataivao, 22. D’angelo Leuila, 23. Losi Filipo*.
Tonga squad:
1. Jethro Felemi, 2. Siua Maile, 3. Sila Puafisi, 4. Don Lolo, 5. Harrison Mataele, 6. Sione Tu’ipolotu, 7. Mateaki Kafatolu, 8. Nasi Manu, 9. Sonatane Takulua (c), 10. James Faiva, 11. Hosea Saumaki 12. Nikolai Foliaki, 13.Fine Inisi, 14. Penikolo Latu, 15. Kalione Hala. Reserves: 16. Jay Fonokalafi*, 17. Duke Nginingini, 18. Ben Tameifuna, 19. Maama Vaipulu, 20. Viliami Taulani, 21. Aisea Halo*, 22. Nafi Tu’itavake, 23. Walter Fifita.
Fiji has recorded 1220 new cases of covid-19 as at 8am today — the highest daily record so far — and five more deaths.
Fiji’s Colonial War Memorial Hospital in Suva … people with severe covid-19 are dying at home or going to a medical facility in the late stages of severe illness. Image: Atu Rasea/The Fiji Times
Health Secretary Dr James Fong said the five people who had died from the virus were all aged over 60 and were not vaccinated.
He said the first death was a 61-year-old woman from Kinoya who died at home after being sick with generalised body pain, weakness, and sore throat for 10 days.
“The second covid-19 death to report is a 62-year-old man from Tacirua. He presented to the CWM Hospital emergency department in severe respiratory distress,” Dr Fong said.
He died in hospital on the same day (July 13). His family reported that he was unwell with fever, cough, and generalised weakness for three days prior,” he said.
“The third covid-19 death to report is a 66-year-old woman from Nabua who died at home on July 13. Her family reported that she was feeling unwell with a cough and shortness of breath for 3 days.
“The fourth covid-19 death to report is a 60-year-old woman from Verata who died at home on July 13.
Fifth death
“The fifth covid-19 death to report is a 78-year-old woman from Nauluvatu village. She was retrieved from home by a medical team and transferred to a healthcare facility. She was noted to be in severe respiratory distress. She died in the healthcare facility on the same day (July 13).”
The total death count has increased from 69 to 74 since yesterday morning, however, there are eight deaths of covid-19 positive patients that are still under investigation to determine if they had died due to the virus or other medical problems.
There are now 11,033 active cases of people who have been infected with covid-19, either at home or in dedicated facilities around Viti Levu.
Fiji has recorded 13,816 cases of the virus during the outbreak that started in April this year.
Dr Fong said people with severe covid-19 were dying at home or going to a medical facility in the late stages of severe illness.
“Severe covid-19 is a medical emergency, and a delay in receiving appropriate medical treatment reduces your chance of recovering from the disease,” he said.
With 213 people reported to have recovered from the virus, the ministry is more concerned that the daily test positivity rate continues on an upward trend.
Positivity rate 18pc
The country’s daily test positivity rate is at 18 percent — more than three times the World Health Organisation (WHO) threshold of five percent.
This means that there is widespread transmission of the virus.
“Based on available testing numbers, the national 7-day daily test average is 3772 tests per day or 4.3 tests per 1000 population. These numbers are expected to increase once all lab testing number data is received,” Dr Fong said.
“As of July 14, 377,090 adults in Fiji have received their first dose of the vaccine and 73,127 have received their second dose.”
Fiji’s covid-19 case count stands at 13,886 since the first case was reported in March 2020, with 2,748 recoveries.
This story by Asia Pacific Report is republished with permission
A witness has told RNZ a man was shot by police at the intersection of the Great South Road and the south eastern highway.
The scene of the shooting. Photo: RNZ/Kate Gregan
Other witnesses have said a man stole car in Greenlane, crashed, and there was a “shootout” with the police.
Two people are injured, one seriously after the incident at Penrose in Auckland.
Police are at the incident just off Auckland’s Southern Motorway, where a busy intersection has closed for an investigation.
Witnesses have told RNZ a man stole a BMW car in Greenlane, crashed, and there was a “shootout” with the police.
A man who was driving a work van at the time said he saw a car driving past him, going the wrong way.
He said police told him a man stole a BMW car from Greenlane, crashing at an intersection near a KFC.
He said police told him a woman in a Suzuki Swift was then car-jacked at gunpoint, and the gunman then crashed a short time later in Penrose, where there was a shootout.
The intersection of Great South Road and the south-eastern highway is cordoned off.
At least 10 police cars are at the scene.
St John Ambulance says they were called just before 11am and took the person with serious injuries to Auckland Hospital and another with moderate injuries to Middlemore Hospital.
Auckland Transport initially said it was a crash just after 11am, but then 15 minutes later said it was a police issue at the crash site, and now a police investigation.
Police have been asked for details.
One woman in a business off Great South Road told RNZ she heard a loud bang but dismissed it as a car backfiring. Shortly after she heard a lot of sirens.
Claims by Prime Minister Pohiva Tu‘i‘onetoa that the ruling People’s Party was inspired by the Chinese Communist Party have been condemned by Democrat supporters and community leaders.
PM Pōhiva Tu’i’onetoa. Photo/Kalino Lātū
Critics have asked why the government of a democratic, Christian nation, appeared to be embracing communism.
The Prime Minister told a function held to mark the 100th anniversary of the CCP that members of his party had drafted their manifesto after a visit to China.
Matangi Tonga reported him as saying “In our Manifesto we described governance in Tonga as a fish. The government and party are the fish’s head and body, the people are the fish tail. The tail controls the head and the body, as well as maintains the direction of the head,” he said. “The fish theory unifies the whole body in driving forward our work. Practice has proven that when you put your people in your heart, your people will in turn will hold you up.” said the chairman Tu‘i‘onetoa.
“We look forward for further on going technical and economic cooperation. Let us also wish great success in marching toward the second centenary goal in building China into a great, modern socialist country.”
His comment has been heavily criticised on social media with many asking why, when Tonga is advocating for democracy and Christian doctrines, the government is supporting a Chinese doctrine that is anti-Christian and anti-democracy.
Staunch Democrat supporter Ikani Taliai described the Prime Minister’s comments as “astounding.”
“This statement – if the reporting is true- highlights a staggering confusion and lacking of mental capacity in the Prime Minister,” Taliai said.
“Prime Minister Tui’i’onetoa stated that he and members of the political party visited China in 2019. They returned to Tonga and based the constitution of PAK on the communist political principles of the Chinese communist political structure.
“Here we are in Tonga advocating for and progressing a structure of democracy to protect the human dignity of all Tongans and the head of this government declares that!
“The Deputy Chairman of PAK who is the Prime Minister’s closest advisor has just been convicted, sentenced, and jailed for one of Tonga’s largest fraud crimes.
“Despite this, the Prime Minister appears to still be advocating for his associate’s freedom. Not only is the Prime Minister fighting against the country’s Judicial system, but he has just declared communist tendencies.
“The remaining Cabinet Ministers are silent. One could draw conclusion they are complicit in the Prime Minister’s authoritarianism.”
Tonga established diplomatic relations with the People’s Republic of China in 1998 and since then has become collaborated with the Asian giant in many areas, including agriculture, infrastructure, education, health, tourism, fisheries and Covid-19.
However, it has also become catastrophically indebted to China and now owes US$115 million.
The late Prime Minister ‘Akilisi Pohiva, who came to power after most of the debt was accumulated, warned that China might seize strategic assets in Tonga or demand other forms of compensation if it could not repay its debts.
In one of his last acts before he died, Pohiva tried unsuccessfully to persuade other Pacific nations to stand up to China over their debts.
In 2019 the then United States ambassador to Australia, Arthur Culvahouse Jr., called China’s lending in the Pacific “payday loan diplomacy.”
“The money looks attractive and easy upfront, but you better read the fine print,” he told The Diplomat.
However, China’s ambassador to Tonga at the time, Wang Baodong, said China was the only country willing to help Tonga financially.
Graeme Smith, a specialist in Chinese investment in the Pacific, said Tonga’s financial mismanagement was as much to blame for its financial position.
China’s continued crackdown on Christians in that country has long been a cause of concern in the west. Earlier this year Chinese authorities arrested a Vatican-appointed Catholic bishop, his seven priests and 10 seminarians.
Protestant churches, including so-called house churches, have also come under attack and there have been concerted campaigns against Buddhists in Tibet and Muslims in Xinjiang province.
The Chinese government has attacked democracy several times in the past, calling it divisive and comparing it unfavourably with what is describes as the smooth co-operative political system in China.
Reuters reported that when President Jinping took office in 2014, many Chinese hoped for political reform, but he soon implemented a crackdown on civil society, jailing human rights lawyers and activists who authorities regard as threat to national security and social stability.
Lawyer Nalesoni Tupou in New Zealand said the Prime Minister’s comments were “very sad.”
He said it brought shame on the efforts of people of the past in Tongan history.
FAKAMATALA FAKATONGA
Kuo fakahā ‘e he Palēmia ‘o e fonua’ na’e fakalotoa ‘e he’ene paati pule’ ‘a ia ‘oku ‘iloa ko e Tonga’s People Party ‘ehe Paati Kominiusi ‘a Siaina’. Na’a’ ne pehē ne ‘i ai e ni’ihi mā’olunga ‘i he’ene pāti’ ne nau ‘i Siaina ‘i he 2019 ‘o ako ‘i ha’anau tua ne fai pea ‘i he’enau foki mai pe ko ia’ ‘o fa’u e tohi ke ne tataki ‘a e PAK pe manifesto ‘aki e me’a ne nau ma’u mei he Paati Kominiusi ‘a Siaina’. Ko e me’a eni ‘a Pōhiva Tu’i’onetoa ‘i Nuku’alofa lolotonga hono faka’ilonga’i ‘o e ta’u 100 ‘a hono pule’i ‘e he Paati Kominiusi’ ‘a Siaina’ hili ‘enau liukava ‘i he 1921. Na’a’ ne pehē ‘oku ‘i ai e fakana’una’u ‘a hono pule’anga’ ki ha ngaahi tokoni faka’ekonōmika mo fakasōsiale ki Tonga ma’a Siaina. Ka kuo fakaanga’i ‘eni ‘e he kau tui Temokalati ‘i Tonga mo ha kau taki komiuniti ‘o makatu’unga he ‘oku fepaki mamahi ‘a e kominiusi mo e lotu Kalisitiane’ mo e tui fakatemokalati kuo tali ‘e he Fale ‘O e Tu’i’ mo e kakai ‘o e fonua’ ke hoko ko ha lotu ia mo ha sisitemi ke fakalele’aki ‘a e pule’anga Tonga’. Ko Siaina ‘oku kei hokohoko atu ‘enau faka’auha ‘a e ngaahi fale lotu Kalisitiane’, puke ‘a e kau taki mo e kau muimui lotu Kalisitiane’ ‘o e fakahū mo fakapoongi he ‘oku ‘ikai ke nau tui ko ha fa’ahinga lotu lelei ia.
A woman who murdered her teenage granddaughter has been given a harsher prison sentence on appeal.
Lorraine Smith in the High Court in Wellington. Source: rnz.co.nz
Lorraine Smith, 61, pleaded guilty to strangling 13-year-old Kalis Smith to death in the sleepout at her Whanganui home in 2019.
At her sentencing, in the High Court at Wellington, Justice Cook said Smith was a devoted grandmother, but she was suffering carer-burnout, looking after her three grandchildren and dealing with her own mental health problems.
“I accept that Ms Smith was suffering from severe emotional, physical and mental exhaustion in the months leading up to the offending. Her mental health had continued to deteriorate and she presented with symptoms of a moderately severe recurrent major depressive disorder,” he said.
“She was overcome with remorse in interviews and suffers from profound grief and guilt for the circumstances of her granddaughter’s death.”
Smith avoided a term of life imprisonment and was instead jailed for 12 years, with a minimum non-parole period of six years.
But the Court of Appeal quashed that.
It said when it looked at the circumstances of Kalis’ death, and her vulnerability, a life sentence was not manifestly unjust.
“We do not underestimate the significance of Kalis’s vulnerability, and that Ms Smith deliberately set out to kill her granddaughter in a distressing manner. Ms Smith’s offending involved a gross breach of trust,” the judgment said.
“We believe, however, that Ms Smith’s personal circumstances must be recognised with a compassionate response.”
The Court of Appeal sentenced her to life imprisonment with a minimum non-parole period of 10 years – the least restrictive sentence it could impose.
Jailed fraudster Akosita Lavulavu has finally resigned as Minister for Infrastructure and Tourism, Prime Minister Pōhiva Tu’i’onetoa told Parliament today.
Hon ‘Akosita Lavulavu
However, the Speaker, Lord Fakafanua, said he has not yet received any formal letter of resignation.
Parliament was awaiting a response from the government today to confirm queries from MPs and media about Akosita’s pay and entitlements.
The Speaker said they relied on information from the Minister of Finance this morning telling the House he had used his power under the Finance Acts and ordered her CEO to stop Akosita’s payment.
The details of the block on her pay and what entitlements she will still receive have not been made public.
“The answer from the government says the minister has resigned from Cabinet,” Lord Fakafanua told the House.
He said he was told a letter of resignation had been handed to Privy Council.
Lord Fakafanua said the House could only act after receiving written documents.
Akosita’s status as a former MP and Cabinet Minister would be confirmed when letters of resignation arrived at the Chief Clerk’s office, Lord Fakafanua said.
The revelation came after the Prime Minister refused to give a clear response to questions in Parliament last Thursday 8.
The Tongatapu 1 MP Siaosi Pōhiva asked the Prime Minister whether Akosita was still receiving her pay and entitlements.
Instead of replying yes or no Tu’i’onetoa again gave conflicting information about her situation.
He said in Tongan: “The government’s policy is if I am on leave I will be paid earned leave when that is being exhausted than I could be on leave without pay. There was no difference and I thought you already understood that.” Akosita was placed on leave on June 17 after she was convicted by the Supreme Court.
However, the Prime Minister repeatedly referred to Clause 23 of the Constitution which he used it to justify his refusal to take action against Akosita.
Because Akosita appealed her sentencing, Clause 23 allowed her to remain as Cabinet Minister until her appeal is heard, either in September 2021 or March 2022.
This meant Akosita would still have been a Cabinet Minister while she was in jail, would still have received her full pay and been able to control her two portfolios.
Resignation
It is understood the decision for Akosita to tender her resignation was made after her bid for bail was rejected on Friday last week.
A Member of Parliament told Kaniva News he believed her resignation was caused by pressure from the public and the media.
The former Cabinet Minister has been sentenced to six years in prison.
However, the Supreme Court suspended the last 12 months of her sentence for two years on condition that she comply with the probation officer, satisfactorily complete a life skills course and commit no offence punishable by imprisonment.
Her husband, who has a long record of court appearances and convictions, will serve the full six years.
Both defendants were convicted on three counts of obtaining money by false pretences.
They were found guilty of fraudulently obtaining money from the Ministry of Education and Training by lying in applications for money from the Technical Vocational Educational Training Grant about the number of students enrolled at their private college, the ‘Unuaki ‘o Tonga Royal Institute.
Mr Justice Cooper, presiding, said, he utterly rejected their claims that the money was used for the Institute.
Reputation
Meanwhile, Radio Australia has reported there is concern that the Lavulavu case could damage Tonga’s international reputation.
The international broadcaster quoted Tevita Motulalo, a senior researcher at Tongan think-tank, the Royal Oceania Institute saying the case could make discussions with the kingdom’s development partners awkward.
“Australia’s been very generous, these are hard-earned taxes from the people of Australia and to abuse it like that this is beyond description,” he said.
“It does affect our reputation and trustworthiness.”
FAKAMATALA FAKATONGA NOUNOU
Kuo fakafisi ‘a Akosita Lavulavu mei hono lakanga minisitaa’ neongo kuo te’eki ai fakahū ha tatau ‘ene tohi fakafisi ki Fale Alea he ‘aho’ ni. Ka kuo fakahā pe ‘e he palēmia’ kuo’ ne fakafisi. Na’e fakahā ‘e he Sea Fale Alea’ Looti Fakafanua ‘oku te’eki ai foki ke ne ma’u ha tohi fakafisi ‘a Akosita ‘i hono lakanga fakafofonga Fale Alea’. Kuo ‘i ai mo hono fakahā kuo ta’ofi ‘a ‘ene vahe’ ka ‘oku te’eki tuku mai ha fakamatala fakapepa ki he mītia’ mo Fale Alea foki ke ne fakamahino papau ‘a e fakaikiiki ki ai’. Ko e me’a ‘oku mahino’ ko e ngaahi nga’unu kotoa ‘eni ne toki fai ia hili ‘a e ‘ikai tali ‘ene tangi ke peila’ he Falaite uike kuo ‘osi’. Na’e talanga’i e vahe ‘a Akosita’ ‘i Fale Alea ‘i he uike kuo ‘osi’ Tu’apulelulu ‘aho 8 na’e ‘ikai pe ha tali mahino ia ‘a e palēmia’ ‘io pe ‘ikai ki hono fehu’i atu pe ‘oku kei vahe pee’. Na’a ne tali’aki ‘e ia ‘a hono fakamatala’i ‘o e founga livi ‘a e pule’anga’ ‘o pehē ‘oku ‘i ai ‘a e livi kae vahe pea ka ‘osi ia pea ‘e hoko atu ki he livi ‘ikai vahe. ‘I he’ene tali ko ‘eni he uike kuo ‘osi’ ne ne toutou ‘ohake pe ai ‘a e kupu 23 ‘a ia ne ne toutou pehē ki mu’a ‘oku makatu’unga ai ‘a e ‘ikai ke ne lava fai ha me’a ‘e taha kia Akosita kae ‘oua leva ke ‘osi ‘ene tangi’. ‘O ‘uhinga ia ‘e kei ma’u kakato pe ‘ene vahe pea kei minisitā pe ia mei Hu’atolitoli. Mei he uike kuo ‘osi’ pe ki he ‘aho ni Mōnite 12 kuo’ ne fakahā kuo fakafisi ‘a Akosita.
OPINION In the wake of the imprisonment of the fraudster Lavulavu couple, the debate about Prime Minister Pōhiva Tu’i’onetoa’s justification for keeping ’Akosita Lavulavu in Cabinet has come under closer scrutiny.
‘Akosita Lavulavu
The Prime Minister has cited Clause 23 as a reason for doing nothing, but the Clause reflects either questionable intentions or clumsy thinking by lawmakers at a time when some Nobles were accused of breaking the country’s firearms laws.
It also brings to light the fact that lawmakers disregarded the fact that the law had opened an opportunity for government leaders, especially the Speaker of Parliament and the Prime Minister to make their own interpretation or be given advice that might lead to injustice and favouritism.
It also mirrors the fact that the clause acts as a shelter for government representatives who committed serious offence which incurred prison sentences of no more than two years.
In my view any person who is convicted and sentenced by court should not be trusted and given an office in the government.
The best examples of the disgrace brought by Clause 23 were the dismissal of Finance Minister Lisiate ‘Ākolo in 2014, the refusal by the Prime Minister to sack Infrastructure Minister Akosita Lavulavu after she was jailed for five years last week, and a court decision to fine the Ha’apai governor Viliami Manuopangai Hingano for breaking the fisheries Act last year. He is still the governor of Ha’apai.
Governor Viliami Manuopangai Hingano
‘Ākolo’s dismissal
‘Ākolo was forced to resign after former Prime Minister Lord Tu’ivakanō accused him of being uncooperative and reluctant to implement a five percent salary rise for civil servants.
‘Ākolo denied the accusation and said he had been trying to figure out where to get the TOP$5 million needed for the pay rise
There were also reports at the time which claimed Lord Tu’ivakanō was not happy with ‘Ākolo after he queried him about his wife Robyn Kaho’s travel allowances.
Akosita, a jailed Cabinet Minister
Akosita was sent to jail on Friday after her bid for bail was denied. She was convicted and sentenced to five years imprisonment after she and her husband ‘Etuate Lavulavu were found guilty of plundering more than half a million pa’anga from the government school grant scheme.
Prime Minister Tu’i’onetoa has refused to take action against her, citing Clause 23 of the Constitution. He also said he could not do anything against Akosita because he feared she might take him and the government to court under the provisions of the same clause.
His response came after media asked him to clarify whether the disgraced Cabinet Minister was still being paid in full while she was in court and whether she was still getting full pay and receiving all her entitlements after she was convicted and sentenced.
Former Minister of Finance Lisiate Akolo
Tu’i’onetoa replied and told Parliament that if what he had done was not in line with Clause 23, he would be happy if somebody took him to court.
Ha’apai governor fined
The Governor of Ha’apai, Viliami Manuopangai Hingano was fined TP$12,500 for unlawful possession of 198kg of turtle meat.
A Supreme Court judge said the accused tried to hide the fact that he was a party to the proposed commercial sale of the uncertified meat of the endangered species.
Prime Minister Tu’i’onetoa, who has the prerogative to dismiss the governor, told the media he would not sack Hingano because his sentencing was not more than two-year imprisonment and, according to Clause 23 ,he was still entitled to the governorship.
Clause 23 is beyond embarrassing
It is totally wrong to use taxpayers’ money to pay someone who had been proved guilty of defrauding the government’s money or breaking the law.
The only proper course of action is for the Prime Minister to ask for their resignation. If they appeal their sentence and are successful, they can be restored to their government position and their entitlements and allowances paid back.
Looking at ‘Ākolo, Hingano and Akosita’s cases, it is a shame to see that ‘Ākolo, who appears to have not broken any law had no right under the Constitution to fight for his right to keep his Ministerial position while Akosita and Hingano who committed serious crimes were effectively rewarded by clause 23.
‘Ākolo was harshly treated and despite giving clear clarification on media about why he thought Lord Tu’ivakanō was wrong, he was dismissed. At the same time Akosita has a knight in shining amour in the shape of the Prime Minister, who seems to be doing his best to keep her safe from all pressures for her to resign.
It was embarrassing to see a jailed fraudster was still being regarded as a Cabinet Minister and is still being paid by the government.
It was also embarrassing to see that the person whose only constitutional duty was to make sure the people of Ha’apai islands obeyed the law, broke the law himself. The situation discredited the government and the governorship.
Clause 55 of the constitution clearly lays out the sole duty of the governor.
It said: “It shall not be lawful for a Governor to enact any law but he shall be responsible that the law is enforced in his district”.
Revising Clause 23
I believe that at the time of the re-enactment, the Noble MPs and the noble-led government had serious concerns about how their entitlements could have been affected by the new and revised laws.
It might be justifiably questioned whether this influenced what happened to Clause 23. Some might argue that the revision led to today’s situation.
The enactment of the revised Clause 23 came in 2013, a year after Lord Lasike was removed as Speaker and member of Parliament after he was convicted of possessing ammunition without a licence. The Appeals Court overturned his sentence. He then secured his title, his salary as a noble of the realm, his land entitlements, but not his parliamentary chairmanship.
The revised clause came into effect three years after Lord Tu’iha’ateiho was fined after possession of an illegal firearm. In December 2010 Lord Tu’ilakepa was charged and later convicted on various counts of illegal firearms and ammunition possession.
The noble-led government first attempted in 2011 to reduce penalties for possession of firearms offences from nearly $US3000 to just over $US500 and the term of imprisonment from five years to one year, but the Late King George Tupou V blocked the move in 2012.
Clause 23 must be fixed
Clause 23 should be fixed immediately. I would suggest it either be modified to avoid the apparent contradiction with Clause 51 (3) (a), which allows the Prime Minister the prerogative to sack a cabinet minister, or remove the 2013 revision and add new text to allow a government representative who is sentenced but successfully appeals their conviction to be restored to their government posts and receive their previous salary and entitlements. It should also be revised to make sure that when a government representative is convicted they should be removed from their position and permanently barred from future appointments.
Clause 23 currently says: “No person having been convicted of a criminal offence and sentenced to 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.
Provided that the operation of this clause shall be suspended in any case until the expiration of 42 days after the date of the conviction; and in cases where notice of appeal or leave to appeal is given within 42 days after the date of conviction, until the determination of the appeal; and if the conviction is quashed on appeal or the sentence reduced to no more than 2 years imprisonment then this clause shall not have effect”.
FAKAMATALA FAKATONGA
Kuo hoko ‘a ‘etau konisitūtone’ ko hotau fakamā’anga pea kuo taau ke fakalele’i ‘a e kupu 23 ne toki fakalahi he 2013 ke fakapapau’i ‘e to’o ‘osi ‘aupito ‘oua na’a toe ‘oange ha lakanga minisitā ki ha taha kuo fakahalaia’i he fakamaau’anga’ tatau ai pē. Ko e ngaahi lakanga pelepelengesi taha ‘eni ‘o e fonua’ pea ‘oku taau ke ‘oua na’a lave ai ha taha kuo fakamo’oni’i fakalao kuo faihia. Ke fakanounou ‘a e talanoa’ ni ‘i hono ‘oatu ‘i he lea fakaTonga’ ‘oku peheni. Kapau te tau sio ki he keisi lalahi e tolu ko ‘eni. Ko hono kapusi ‘o Lisiate ‘Ākolo ko e minisitā pa’anga ‘o e 2014 tu’unga he pehē na’e ‘ikai ke ne fie fakahoko e tu’utu’uni ‘a e Kapineti’ ke fakalahi pēseti ‘e 5 e vāhenga ‘o e kau ngāue fakapule’anga’, fakahalaia’i ‘a e minisitā ko Akosita Lavulavu ki hono ma’u ta’etotonu ha pa’anga ‘ova he vaeua miliona’ pea mo e kōvana Ha’apai ko Viliami Hingano ko hono ma’u mo e kakano’i fonu lahi ta’efakalao. Ko ’Ākolo ne ‘ikai ke ne maumau’i ‘e ia ha lao pe konisitūtone pe fakahalaia’i ia ‘i he fakamaau’anga’. ‘Osi ange ‘ikai ha kupu ia he konisitūtone ke ne kumi ai ‘ene tonuhia’ ‘o iku ai ki hono tuli ia mei he kapineti. Taimi tatau, faihia pea fakahalaia’i ‘a e ongo ua ia ko ē, Akosita mo Hingano pea haofaki’i kinaua ia ‘e he kupu 23 ‘o e konisitutone’, ‘o ‘atā ai ‘a Akosita ke kei vahe pē hili hono fakahalaia’i’ a’u ki he’ene hū ki Hu’atolitoli ‘o kamata ngāue pōpula ai tu’unga pe hono ngāue’aki ‘e he palēmia’ ‘a e kupu 23 ‘a ia ‘oku faka’atā ai ke ne kei ma’u pe hono tu’unga minisitaa’ mo vahe kae ‘oua leva kuo ‘osi ha ‘aho 42 pea mo mahino ‘ene tangi’. Fakapale’i e ongo faihia’ ia kae tautea’i e minisitā ia ne ‘ikai ha’ane hia’. ‘Oku fakamā fau foki ke tau vakai atu ki ha tokotaha kuo ngāue pōpula pe mo kei vahe mo lau ‘oku kei minisitā pe ia he pule’anga ‘o ‘Ene ‘Afio’. ‘Oku toe fakamā foki ke kei kōvana ‘a Hingano hili ko ia ko hono fatongia’ ‘oku taha pe pea ‘oku tuhu’i mai ‘e he kupu 55 ‘o e konisitūtone’. ‘A ia ko e pau ke ne fakamamafa’i ki hono kakai Ha’apai ‘a e pau ke nau tauhi ‘a e lao’. Pe ‘e fakatonuhia’i fēfē ha’ane fakahinohino e kakai’ ke muimui ki he lao kuo ne toe maumau’i pe ia ‘e ia’. ‘Oku totonu foki ke fakatokanga’i ko hono fakalahi ko ‘eni ‘o e kupu 23 ne fai ia ‘i he fo’i vaa’i taimi ne lahi lahi ai hono puke ‘o fakahū e kau nōpele ‘a ‘Ene ‘Afioo’ ‘i hono maumau’i ‘a e lao ki he me’atau’ mo e mahafu’. Ko Looti Tu’ilakepa mo e Tu’iha’ateiho’ kae pehē kia Looti Lasike ne puke kinautolu ‘i he 2010 ko e ma’u mo e mahafu ta’elaiseni. Ne iku ‘o mo’ua totongi pa’anga ‘a Tu’ilakepa mo Tu’iha’ateiho kae tangi ‘a Lasike pea tali ‘e he Fakamaau’anga Tangi’ ‘ene tangi’’o hao ai ia ‘i hono tautea’. Ne toe feinga foki ‘a e kau nōpele mo e pule’anga ne taki ‘e ha nōpele’ he ‘aho ko ia’ ke liliu e konisitūtone’ ke holoki e tautea ‘o ha taha ma’u mo ha mahafu ta’elaiseni ka ne ‘ikai tali ia ‘i he 2012 ‘e Kingi Siaosi Tupou V. Kaekehe, ‘e lava ke fakatonuhia’i ‘i he me’a ne hoko ko ia’ hano fehu’i pe na’e uesia nai ‘a e fokotu’utu’u ‘a hono toe fakalahi ‘o e kupu 23 he ‘aho ko ia ‘e ha feinga ke malu’i mo ha manavasi’i ‘a e houe’iki’ ki hano uesia ‘a ‘enau totonu fakalao he ngaahi puta faka’ilo mai ko ia’. Kuo taimi ke fakalele’i foki ‘a e kupu 23 ke ta’ofi ‘ene fakaava ‘a e faingamalie ke fai ai ‘e he ‘Eiki Sea ‘o e Fale Alea’ mo e ‘Eiki Palēmia’ ha’ana fa’ahinga faka’uhinga pe ma’u ha fale’i ‘e ala fakatonulea’i kuo aafe ki he ta’efakamaau totonu mo filifilimānako ‘o hangē ko e me’a tonu kuo hoko’.
Family, kāinga and friends gathered in south Auckland to mourn the death of a 20-year-old man who was killed in a car crash in Tonga.
Sione Uilifi Jr Lapu’aho, the victim. Photo/Facebook
The afternoon prayer vigil was for Sione Uikilifi Jr Lapu’aho of Vaini who was the passenger in a car which crashed into a power pole at Malapo near Hu’atolitoli Prison last Sunday July 4.
The driver, a 25-year-old man from Vaini has been charged with reckless driving causing death.
Police said initial indications are that speeding and alcohol were factors in this fatality. Police also found what appears to be methamphetamine on the driver.
The Papatoetoe gathering for the family in New Zealand was to allow the kāinga and friends to share their sweet memories of the deceased, a notice said on Facebook.
The victim’s father Sione Uikilifi Lapu’aho snr. Photo/Screenshot
The victim’s father, Sione Senior, is currently in New Zealand and he attended today’s prayer vigil which was livestreamed on Facebook.
Sione Snr was emotional and said he never punished his son.
He told mourners he wanted to send his love to him.
“Most of you here have already known that I am the father of this boy,” he said.
He said he was the only son and eldest in his siblings.
A video shows jailed ‘Etuate Lavulavu unloading what appear to be luggage and a roll of Chinese floor mat from a prison pickup van.
‘Etuate Lavulavu unloading stuff from the trunk of a pickup vehicle outside Hu’atolitolu prison. Photo/Screenshot
A prison officer can be seen helping ‘Etuate carrying the stuff inside the prison compound.
The video appeared to have been taken shortly after ‘Etuate and her jailed wife Cabinet Minister Akosita Lavulavu’s bail application had been denied in the Supreme Court in Nuku’alofa this morning.
The video was uploaded and shared on Facebook this morning.
Rejecting their bail application, Chief Justice Michael Whitten said: “I am not satisfied that the applicants have demonstrated reasonable prospects of success on this ground of appeal”.
He concluded that the court did not consider it fit to admit them to bail pending their appeal.
“Accordingly, the applications are refused”.
‘Etuate told Filokalafi ‘Akau’ola of Talaki Online outside court he was still innocent, and they are appealing their sentencing.
The appeal meant Akosita is still the Minister of Tourism, Infrastructure and Transport while she is in jail according to clause 23 of the constitution.
Clause 23 of the constitution says: Disabilities of convict. “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.).
“Provided that the operation of this clause shall be suspended in any case until the expiration of 42 days after the date of the conviction; and in cases where notice of appeal or leave to appeal is given within 42 days after the date of conviction, until the determination of the appeal; and if the conviction is quashed on appeal or the sentence reduced to no more than 2 years imprisonment then this clause shall not have effect”.
Clause 51(3)(a) has given the prime minister power to dismiss a Cabinet Minister at his pleasure.
It said: “A Minister shall retain his position as Minister until – (a) his appointment is revoked by the King on the recommendation of the Prime Minister or in accordance with clause 50B;”
As we have reported previously, Prime Minister Pōhiva Tu’i’onetoa’s insistence, based on Clause 23 of Tonga’s Constitution, that he cannot sack Akosita, was unfounded in many respects.
In fact, his power given by Clause 51 (3) (a) means he can do something, but he refused to do it and unfortunately, he appears to have attempted to mislead the public about this clause.
Clause 51 (3) (a) has two independent phrases divided by the conjunction “or” which means it is either the Prime Minister who can recommend to the king that a Minister’s appointment be revoked, or the minister can be revoked according to Clause 50B.
In his recent response to media in a livestream talk show the Prime Minister appears to have intentionally avoided talking about the first phrase and claimed his power in clause 51(3)(a) can only be exercised according to clause 50B.
The prime minister told Parliament this week that he was given advice by a legal adviser.
Asked by Opposition Leader Semisi Sika whether Akosita was still being paid the prime minister did not give a clear response.
He said he “will stay with Clause 23 of the Constitution”.
He is being heavily criticised for his refusal to take action against Akosita.
Chief Justice Michael Whitten has denied the bail application by jailed Cabinet Minister Akosita Lavulavu and her husband Etuate Lavulavu.
Minister of Infrastructure ‘Akosita Lavulavu and husband ‘Etuate Lavulavu. Photo/Akosita Lavulavu (Facebook)
In his 18 pages ruling Mr Whitten said he was not satisfied that the Lavulavus “are obvious or even reasonable”.
The Chief Justice said: “I am not satisfied that the applicants have demonstrated
reasonable prospects of success on this ground of appeal”.
He concluded that the court does not consider it fit to admit them to bail pending their appeal.
“Accordingly, the applications are refused”.
Condemned by the Supreme Court as dishonest and deceitful, the Lavulavus have been sentenced to five and six years respectively for their part in defrauding the government school grant scheme.
They were found guilty of fraudulently obtaining a total of $558,600 by false pretences, from the Ministry of Education and Training by lying in applications for money from the Technical Vocational Educational Training Grant about the number of students enrolled at their private college, the ‘Unuaki ‘o Tonga Royal Institute.
Judge Cooper, presiding, described their crime as “the worst sort of dishonesty.”
“The conduct of these defendants would be disgraceful in anyone, but for a member of cabinet, and a man who used his political connections and position to facilitate these frauds, goes beyond just criminally reprehensible,” he said.
Appeal grounds
The identical Notices of Appeal run to some 20 pages consisting of an apparent 14 grounds, many with numerous ‘particulars’ which, in combination, raise various questions of law, fact and mixed law and fact.
The couple through their lawyer William Edwards Jnr made 14 claims including that the trial judge erred in applying the law of agency and finding that Mr Lavulavu was liable for the representations made by Mrs Lavulavu on all three counts;
They also claimed they were both liable for the acts of a Unuaki ‘o Tonga Royal Institute employee who prepared and signed the TVET application for that period.
In their appeal they claimed that Mr Lavulavu knew of the falsity of the applications by reason only that, his wife, Mrs Lavulavu knew of the falsity.
It said the trial judge misstated certain of the evidence, in a manner prejudicial to the appellants and thereby demonstrated bias towards them.
“The conduct of the trial was therefore unfair and the verdicts are therefore unsafe and unreliable”.
Law of agency
Mr Whitten said Mr Edwards’ submission that the trial judge erred in applying the law of agency lies at the heart of grounds 1, 2, 6 and 7.
Mr Edwards did not make any submission in relation to the authorities cited by the trial judge which illustrated the application of agency principles.
Mr Edwards did not cite any authority in support of his submission that the law of agency is not applicable in fixing criminal liability in Tonga.
“Despite its title, the operative provisions of the Civil Law Act do not limit or exclude the importation of the English common law in criminal proceedings”.
FAKAMATALA FAKATONGA
‘Ikai tali ‘e he ‘Eiki Fakamaau Lahi ‘a e tangi ‘a e ongo Lavulavu’ ke peila kinaua ki tu’a ‘o tali ‘ena tangi. Kuopau ai ke na ngāue pōpula pe mo toki fakahoko ai ‘ena tangi’ kapau te na kei fie tangi ai pe. Ko e taha e makatu’unga ‘oku ‘ikai tali ai he ‘oku ‘ikai tui ‘a e Eiki Fakamaau Lahi ‘e ‘i ai ha ola e tangi ‘a e ongo Lavulavu. ‘I he kupu 4B ‘o e lao ‘a Tonga ki he Peila’ ‘oku fakamahino ai ‘e lava ke peila pe tuku ange ha taha ki tu’a kuo tautea ngāue pōpula ke tatali ai ki ha’ane tangi ‘i hono tautea’ kapau ‘e fiemālie ‘a e fakamaau’anga’ ‘e iku tali ‘a e tangi ‘oku fakahoko’. Na’e fakahā ‘e he loea ‘a e ongo Lavulavu’ ki he ‘Eiki Fakamaau Lahi’ ko e makatu’unga tefito ‘eni ‘a e kole peila ‘a e ongo Lavulavu he ‘oku’ na tui ‘e tali ‘ena tangi ‘e fakahū atu’. Ka ‘i he vakai ‘a e ‘Eiki Fakamaau Lahi Mr Whitten ‘e ‘ikai ha ola ia ‘o e tangi ko ‘eni’. Na’e makatu’unga ‘eni he’ene vakai’i ‘a e ngaahi poini ‘e 14 na’e fakahū atu ‘e he loea’ ‘o pehē ko e ‘uhinga ia ‘o e tangi’. Kau heni ‘a e pehē na’e hala ‘a e tu’utu’uni ‘a e Fakamaau Lahi ko Cooper, ‘ikai tonu ke ngāue’aki ‘a e law of agency pe ko e lao ‘eni ‘oku’ ne faka’atā ha fengāue’aki ‘a ha toko ua pea ko e tu’utu’uni pe ko ē ‘e iku ki ai’ ‘e lau pe ko hona loto kotoa ia’. Na’e ‘ikai tui ‘a Whitten ki he taukapo ko ‘eni mo ne pehē ne tonu pe tu’utu’uni ‘a Coopper mo hono tautea’i ‘o e ongo Lavulavu pea ‘oku ‘atā pe ke ngāue’aki ‘i Tonga ‘a e law of agency. ‘Oku ‘i ai foki e kehekehe he peila pe tauhi fakalao ki tu’a ha taha kuo fakahalaia’i pea tatali ke hilifaki hono tautea’ mo ha taha kuo tautea’i ka kuo’ ne kole peila ke tatali ai ki ha’ane tangi. Pehē ‘e he ‘Eiki Fakamaau Lahi’ ko e tali ko ia ha taha kuo tautea’i hangē ko e ongo Lavulavu’ ke peila ki tu’a ‘e ala lau ia ‘e he kakai kuo fepaki ‘a e tu’utu’uni ‘a e fakamaau lahi’ ken a ngāue pōpula’ mo e tu’utu’uni ke peila kinaua ki tu’a’. Hangē ia kuo na ‘atā ai kinaua ke na laka tau’atāina holo he komiunitii’ lolotonga kuo ‘osi tautea ngāue pōpula kinaua. Na’e ikai tali ‘e he Eiki Fakamaau Lahi ‘a e poini ‘e 14 ne taukave’i ‘e he loea ‘a e ongo Lavulavu kae ai e pehē na’e hala ‘a e Fakamaau ne fai tu’utu’uni he hopo’.
