This follows continued mediation between nurses and the DHBs.
Health Minister Andrew Little had said he was satisfied there had been constructive discussion between the two parties.
“But I’m acutely aware that the centrepiece really of what’s going to fix the problem is what we do on the pay equity question, that’s been around for three years now and I’ve asked officials to accelerate that work,” Little said.
District Health Boards spokesperson Dale Oliff said DHBs believed they could come up with an offer to settle the pay talks.
“We’re working towards the best possible outcome – a settlement – but we also need to ensure we can maintain essential hospital services if the strike goes ahead as a 24-hour strike across 29 and 30 July will have a significant impact on hospital services.”
He said DHBs would try to minimise disruption with some non-acute and elective procedures deferred where necessary.
“We expect to receive formal notice of strike soon, but our aim is to settle the MECA and prevent the strikes,” Oliff said.
Public frustration over mixed messages from the government is growing in Fiji as Covid-19 continues to spread rapidly.
.. Photo: Supplied
The latest daily update saw another 352 new cases reported on Monday.
The Health Ministry also confirmed three more deaths due to the coronavirus, bringing the toll to 33 – 31 from this latest outbreak that started in April.
All three were unvaccinated and died at home or on the way to a health centre.
On Sunday, the ministry reported a daily record 522 new cases and three deaths due to Covid-19.
Making the situation even more grim, is the main mortuary is full – and people are being told to make immediate plans to farewell their loved ones.
Relatives have to make plans to uplift their deceased family members.. and arrange funeral rites.
With hospitals unable to cope, health authorities have sent many of the people infected with covid back home to isolate – over 1,000 of them.
RNZ Pacific correspondent in Suva, Lice Movono, says people are getting more and more worried.
“There are a lot of fearful people, so much anxiety and continuing distrust of the government, but the government is not coming out to explain itself very well and we haven’t seen our ministers, our Prime Minister, for a very long time now.”
Movono said she hasn’t been out of her house, even to shop, for almost six weeks.
The opposition National Federation Party leader, Biman Prasad, says that means some are going to multi-generational, crowded households.
“With the increasing number of cases our health systems are giving up. People with other kinds of ilness are being affected. They’re not able to get the treatment they ought to get.
“People are dying on arrival, or people are dying before they even get to the hospitals.”
NFP leader Biman Prasad. Photo: RNZI / Alex Perrottet
Govt urged to seek foreign help
The deteriorating situation in the country is failing to sway Prime Minister Frank Bainimarama from his no-lockdown stance.
In a bid to save the economy, the government is allowing some businesses to stay operational.
So while Fiji’s secretary of health is advising the public to stay at home, the trade minister is talking about retail businesses, restaurants and gymnasiums staying open as long as safety measures are followed.
Biman Prasad, a professor of economics, says the government’s mixed messages, and ‘business as usual’ approach, has caused a disaster.
“The situation is going to get worse and it is not too late for this government to change its strategy, to stop being arrogant about what they have decided before.
“If you look at the numbers, which have risen exponentially, it’s only happened after the prime minister made the decision to open up the containment zones.”
Prasad is uring the government to request help from Australia and New Zealand in implementing a nationwide lockdown.
He says if the expense of catering for people in a lockdown is too much for Fiji, help must be sought.
“Let’s ask Australia and New Zealand for help.”
The government has not responded to requests for comment.
There are over 600 areas of interest in the central division with one zone in the western division.
More than 5,000 people are in isolation since the latest outbreak in April.
Fifteen covid-positive patients have died from the serious medical conditions they had before they contracted the virus, the health ministry said.
Fiji security forces monitor essential movement between red and green zones under Covid-19 response operations. Photo: Lice Movono
Workers forced to show up amid outbreak
Meanwhile, some Fijian workers have been forced to continue going to work despite the rapid spread of the virus in the wider community.
A retail worker in Suva, who did not want his name used, said he still has to go to work, on reduced hours.
The father-of-five added it was critical that he earned money to feed his family, even though community transmission was rife.
“Numbers going up. Yesterday it was 500 (cases). Numbers keep going up but I don’t know what this f***ing government is doing. They’re not doing any nationwide (lockdown) We’re having a lot of pressure, you know, our families, no food. A lot of things, man.”
The father-of-five said safety measures were being followed at his work.
However public adherence to the safety measures remains mixed.
This is not helped by slow communication from authorities over which areas have been designated red zones, according to Allen Lockington, a social worker in Lautoka who delivers food to families in need in informal settlements.
“We just deliver the food, and people say ‘we’ve been locked down’. We try to get out of there as fast as possible,” he explained.
“The other thing: when we go to the informal settlements, and we see the people walking around with no masks and in groups, ten or twenty all clustered together. And if someone should be sick there, no doubt it will spread like wild fire.”
If there’s a ray of hope for Fiji, it’s that the vaccination rollout is progessing swiftly – over half of the eligible population have had at least a first jab of Astrazeneca, while around 50-thousand people are fully innoculated.
But the Delta variant of Covid-19 is moving rapidly through Fiji, and calls for the government to exert some control on the spread of the virus by calling a nationwide lockdown are only growing.
Notorious car trader Filimone To’aho has been given a two-year suspended jail sentence after he failed to deliver 20 vehicles promised to be imported under the ownership of the owner of a finance company.
Filimone To’aho. Photo/Facebook
To’aho, 40, had borrowed TOP$17,767.81 to purchase the motor vehicles from Japan.
As security, he pledged ownership of the vehicles in favour of the complainant.
To’aho agreed to sell the vehicles, save for two which were to be retained by the complainant, repay the loan from the proceeds of the sales and retain the balance. The complainant agreed.
Accordingly, on 3 November 2017, the complainant arranged for a telegraphic transfer of the funds to SBT Japan.
By March 2018, the complainant had not received the vehicles. Tao’aho told the complainant that the ship had been delayed. However, later that same month, an associate of the convict informed the complainant that the vehicles in question had arrived from Japan but that To’aho had sold them to other car dealerships.
A representative of the shipping company confirmed that the Defendant had changed the ownership of the 20 vehicles from the complainant to two other car dealerships. When confronted, To’aho purported to explain that he had changed the ownership of the vehicles to the other dealerships because the complainant had not advanced all the money he 2 requested . The complainant refuted that explanation and told the Defendant that if she could not receive her vehicles, she wanted her money back.
He was convicted by Chief Justice Whitten of theft and is sentenced to 12 months’ imprisonment.
The sentence is to be fully suspended for a period of 2 years from this day, on the following conditions, namely, that during the period of suspension, To’aho is to:
(a) not commit any offence punishable by imprisonment;
(b) be placed on probation;
(c) report to the probation office within the next 48 hours;
(d) perform 60 hours of community service as directed by his probation officer;
and
(e) pay the complainant (by payment into court) the remaining balance of $2,924.56 by 30 July 2021 .
“Failure to comply with any of the above conditions may result in the suspension being rescinded, in which case, the Defendant will be required to serve the balance of his sentence”.
Presentence report
His presentence report said To’aho is the second eldest of five children . He was raised in a good family. Both his parents were primary school teachers. He was well educated and received a diploma in teaching.
To’aho is no stranger to car trading controversy and court.
He previously appeared in court after he reportedly failed to deliver eight vehicles purchased by a customer.
in that case, To’aho of Tokomololo and co-accused Lesieli Langi were jointly charged with criminal conspiracy with intent to defraud $17,767.81 after the customer did not received the vehicles in November 2017.
As Kaniva news reported in 2016, the Holonga Vavaʻu Development Committee did not receive their TP$23,000 refund from Toʻaho and his Super Cheap car dealership despite a court order.
The money was paid after Super Cheap promised it would provide a passenger bus bought by the Committee.
FAKAMATALA FAKATONGA
Kuo tautea’i ‘e he ‘Eiki Fakamaau Lahi’ ‘a Filimone To’aho ta’u 40 ‘a ia kuo ‘iloa ki hono kākaa’i ‘o e kakai’ ‘i he mala’e ‘o e fakatau me’alele’ ke ne ngāue pōpula māhina 12 kae toloi kakato ‘i he ta’u ‘e ua. Ko e tautea ‘eni hili ‘ene alea mo ha kautaha nō ke ‘oange ‘a e pa’anga ‘e TOP$17,767.81 ka ne hu mai ‘a e me’alele ‘e 20 mei Siapani ‘i he hingoa ‘o e tokotaha ‘a’ana ‘a e kautaha noo’. Ne kei tali e tokotaha ko ‘eni ki he alea ta ko ē kuo ‘osi tu’uta ‘i Tonga ‘a e ‘ū me’alele kae liliu ‘e To’aho ia ‘a e ‘ounasipi’ ‘o fakatau ‘e ia ki he tila kehe ‘a e ‘ū me’alele’ ni. ‘Oku ‘ikai ko ha’ane toki hā ‘eni ‘i he fakamaau’anga’ fekau’aki mo ‘ene ta’efaitotonu ‘i he alea fakatau me’alele’.
Why has nothing been done to remove ‘AKosita Lavulavu from office and why does her husband appear to wield so much influence over the Prime Minister, even though he was thrown out of Parliament for breaching the electoral law?
In the wake of their sentencing last Friday, the relationship between the Lavulavus and Prime Minister Pōhiva Tuʻiʻonetoa has come under even closer scrutiny.
Now veteran Tongan journalist Kalafi Moala has raised concerns about the need for a proper investigation.
Condemned by the Supreme Court as dishonest and deceitful, ‘Akosita and ‘Etuate Lavulavu have been sentenced to five and six years respectively for their part in a sustained fraud.
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.
Kalafi Moala. Photo/Kaniva Tonga News
Unlike former Democrat Prime Minister ‘Akilisi Pohiva, who fired ‘Akosita from Cabinet as soon as she was charged, Tuʻiʻonetoa has done nothing, claiming he does not have the constitutional power to get rid of her.
As Kaniva News has pointed out time and again, that is simply not true.
The disgraced Cabinet Minister has remained on full pay the whole time.
Meanwhile, her husband ‘Etuate, who she replaced as Member for Vava’u 16 after he was kicked out of Parliament for bribery, continues to have a close relationship with the Prime Minister.
Moala said last year Tu’i’onetoa relied heavily on ‘Etuate for ideas of how to run the government.
He described ‘Etuate as the most influential official from the ruling party and the main influence on the Prime Minister.
Now he has raised the question of the need for a proper investigation into Tu’i’onetoa‘s relationship with the Lavulavus.
(L-R) Prime Minister Pōhiva Tu’i’onetoa and Tourism Minister Akosita Lavulavu
“Questions are raised concerning the huge multi-million pa’anga road projects the Prime Minister and ‘Etuate Lavulavu are involved in,” Moala wrote.
“The Ministry of Infrastructure under ‘Akosita handles all the multimillion infrastructural projects including roadworks and major constructions.”
Moala also said the Prime Minister had ignored the ruling of Justice Cooper and defended the couple in several speeches.
Disgraced
The disgraced former MP was criticised for appearing to act as a spokesman for the Prime Minister, even though he holds no official government office.
Early last year there were complaints in Vava’u after he interfered during parliamentary meetings in Leimātu’a and Hahake districts.
At the end of last year he accompanied the Prime Minister and Cabinet Members on their grand procession for prayer and fasting around the kingdom, speaking for the government apparently even making fun of the Prime Minister.
Lavulavu is known by the title “engineer” in some circles for his role in creating the People’s Party and persuading some Democrat MPs to abandon the late ‘Akilisi Pohiva’s party and join Tu’i’onetoa.
‘Etuate is regarded as having been instrumental in devising the government’s controversial multi-million roading policy. Contracts for the project went to companies with strong links to the government.
Apart from an earlier conviction in the United States, ‘Etuate is also facing a lawsuit after he was accused of forging a landlord’s signature in Vava’u from whom he leased land.
In 2000 he was sued by Late Prince Tu’ipelehake for damages and unlawful cultivation of his land. Chief Justice Ward ordered Lavulavu to quit the land and pay $7,905 damages. Chief Justice Ward was scathing about aspects of Lavulavu’s testimony during the trial, saying: “I felt he was willing to say almost anything that seemed to suit the moment with a repeated disregard for the truth.”
FAKAMATALA FAKATONGA
Ko e fehu’i mahu’inga ia ‘oku ‘eke’i he taimi ni’ pe ko e hā ko ā kuo fu’u pipiki pehē fau ai ‘a e palēmia ‘i he ongo Lavulavu kuo mahino ‘ena kaiha’asi ‘a e pa’anga ‘a e fonua’ pea ko e hia mamafa ia? ‘Oku loloto ange hoha’a ko ‘eni he mahino ne ‘ikai tuku ha ivi ‘o e palēmia’ he’ene taukapo’i e totonu ‘a Akosita ‘aki e kupu 23. A’u ‘o tangi mai he letioo’ pea mo ne tukuaki’i e ngaahi ako siasi hange ne nau fai e hia tatau mo e ongo Lavulavu ki he pa’anga tokoni ‘a e pule’anga’ ki he ngaahi ako’anga’. Pea ne mei hua pe ia kapau ne ‘ikai ha toe kupu te ne ‘oange hano mafai ke ne tuku ai ki tu’a ‘a Akosita. A ia ko e kupu 51(3)(a) pea ka fai ange ‘o iku ‘a Akosita ke ne ‘eke’i fakalao hono tuku ia ki tu’a ‘uhi ko e kupu 23 pea tuku ke ne ‘eke kae malu’i ‘e he palēmia ia mo e pule’anga ‘aki ‘a e kupu 51(3)(a) he ko ia pe na’a ne fili ke minisitaa’, lolotonga ne ne ‘ilo pe kuo faka’ilo ‘a Akosita, pea ‘oku fa’iteliha pe ia ke ne tuku ki tu’a. Kuo fakamatala’i mai ‘e he fakamaau lahi ‘a e lanu totonu ‘o Akosita ko e fefine ta’efaitotonu. Kae kei fakalaloa’i pe ia ‘e he palēmia’. Ko e lekooti ‘eni ‘i ha toe pule’anga’ ko e hū pe ‘a ha minisitā mei he kapineti’ ‘o hangatonu ‘o ngāue pōpula. Kuo fakatokanga mai ‘a Kalafi Moala kuo ‘i ai ‘a e ui ke fakatotolo’i ‘a e palēmia’ mo e ongo Lavulavu’ pea tautefito ki he mahina ‘e taha fakamuimui ne kei tuku pe ‘a Akosita ‘i he potungāue ki he ngāue lalahi lolotonga kuo mahino kuo na halaia pea te ne ngāue pōpula’. ‘Oku taau ke fai ‘a e fakatotolo ko ‘eni he kuo ‘ikai kei falala’ia ‘a e palēmia’ he lahi ‘ene ngaahi fakamatala ta’emo’oni kuo fafanga’aki ‘a e fonua’ fekau’aki mo e ngaahi tukuaki’i ‘o ia mo hono pule’anga’.
Winger Will Jordan scored five tries as the All Blacks opened their 2021 campaign with a record-equalling 102-0 trouncing of an inexperienced Tonga side on Saturday at Auckland’s Mount Smart Stadium.
Looking to make a statement after managing only a 50 per cent win record last year, New Zealand ran in 16 tries against a team boasting fewer combined test caps than All Blacks skipper Sam Whitelock alone.
Tonga, featuring 13 debutants in their matchday 23 after Covid-19 travel restrictions deprived them of their Europe-based players, were simply outgunned and outsmarted in a mismatch of a contest.
Beauden Barrett, back in the famous black shirt after a sabbatical in Japan, converted the final try after coming on as a replacement to equal the score in the mauling the Tongans suffered at Albany in 2000.
Jordan came up one short of the All Blacks record for most tries in one match, set by Marc Ellis in the 145-17 win over Japan at the 1995 World Cup in South Africa.
“It was good to get out there,” said Whitelock, who was playing his 123rd test.
“The Tongan team were here to play and it wasn’t easy out there.”
The All Blacks coach Ian Foster bristled at suggestions the one-sided test wasn’t good for either side and should never have been played.
Fans and pundits were largely in agreement the game was a poor look for international rugby, but Foster said he hoped the storyline would not be around how much of a gap there was between the two teams.
He said the Covid pandemic had made things more difficult for Tonga and was asked how the match could have been made a more even contest.
“Take away Covid, take away quarantining and add another month on the calendar for the world rugby thing. There is no solution to that right now,” Foster said.
“I’d be disappointed if that’s what we are dwelling on. We weren’t happy last year when we got no rugby. This year we’ve got some rugby. Clearly the itinerary has put Tonga in a compromised position, but they’ve been keen to play and deserve a lot of credit for that.
“I’d like think we aren’t just going to focus on the scoreline and say this was a game that shouldn’t have happened, because for the Tongan people it was an important game, and it was equally important for us to go out and start what could be a long year.
“In today’s environment you take what you can get.”
Fullback Damian McKenzie crossed for the first try in the second minute and, after Dalton Papalii had touched down and Will Jordan and Brad Weber had grabbed a brace each, the All Blacks were 38-0 up in the 20th minute.
Tonga managed to stem the torrent of tries temporarily by abandoning the tactic of kicking away possession but flanker Papalii grabbed his second try in the 37th minute to give the home side a 43-0 lead at the break.
No.8 Luke Jacobson crossed soon after the restart with winger Jordan and halfback Weber completing their hat-tricks before the 50th minute.
The Tongans, many fresh out of quarantine, started to tire and the All Blacks backs put on an exhibition with Richie Mo’unga crossing, Jordan adding his fourth and fifth tries and centre Rieko Ioane racing away to touch down.
Lock Patrick Tuipulotu burst through the defensive line to take the score into the 90s with three minutes remaining and winger George Bridge crossed on the overlap after the fulltime siren to take them to the century mark.
“We didn’t get the result tonight but I’m very proud of my brothers here,” said emotional Tonga captain Sonatane Takulua.
According to Tongan law, the Lavulavus could be granted bail if the court is satisfied that — there is a reasonable prospect of the appeal succeeding; the appeal is unlikely to be heard before the whole or a substantial portion of the sentence has been served; and there are substantial grounds for believing that, if released on bail (whether or not subject to conditions) he will surrender to custody without committing any offence whilst on bail.
The appeal by the Lavulavus came after the Appeal Court in 2019 refused Tongasat company’s application to present new evidence in an appeal against a decision handed down against it.
Tongasat – formally known as the Friendly Islands Satellite Telecommunications Ltd – appealed the judgment and asked the court for permission to produce new evidence.
New evidence can only be introduced if the court grants permission on special grounds.
However, the Court said none of the evidence was discovered for the first time after the trial.
“The role and involvement of the new witnesses was known in 2008 and 2011, the witnesses were living in Tonga and available to be interviewed here,” the Court report said.
The Tongasat appeal was therefore dismissed.
Lavulavu sentencing
Former Cabinet Minister and MP ‘Akosita 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.
The judge said they could have been charged with theft.
The court was told the Lavulavus had committed a carefully executed fraud over several years that amounted to a serious breach of trust.
Mr Justice Cooper told the court a pre-sentence report on ‘Akosita said there had been no attempt to repay the money, that she still maintained her innocence and showed no remorse.
The judge said ‘Akosita had supplied false references, something the pre-sentence report described as “an act of dishonesty which further proves her true character.”
Mr Justice Cooper said ‘Etuate Lavulavu’s offences were not out of character and was known to be deceitful. He posed a risk of re-offending.
The judge said a pre-sentencing report on ‘Etuate found that he still denied the offences; showed no remorse, blamed the court for being biased and did not accept his guilt. He had offered to pay all the money back in exchange for a community penalty and being spared prison.
“Had either defendant admitted their guilt and repaid the monies, as they seemingly can afford to do, then I would have approached this sentence in a totally different way,” the judge said.
“Instead, Mr. Lavulavu offered what some might think sounds very much like a bribe to stay out of prison.”
The judge said he had taken into account all possible mitigating factors to keep the overall sentence as low as I possibly could.
“I thought long and hard about the submissions in relation to Mrs Lavulavu and her being a mother of young children,” Mr Justice Cooper said.
“I feel I am unable to lessen her sentence despite this. It could be argued that she deliberately put her children’s wellbeing in jeopardy with her course of criminal behaviour; some might argue that was an aggravating feature to do so, I do not see it that way, but I do not lessen her sentence for that.
“Both defendants were in this together and their sentences reflect this.”
FAKAMATALA FAKATONGA
Kuo ‘i ai ha lipooti ‘o pehē kuo tangi ‘a e ongo Lavulavu’ ‘i hona tautea ngāue pōpula taki ta’u ono ka ‘o ka hili pe ta’u ‘e nima pea ‘e ‘atā ‘a Akosita ‘o malu’i angalelei ia ‘i hono toenga ta’u ‘e taha’ ‘i ha toe ta’u makehe ‘e ua ‘oua na’a’ ne toe fakahoko ha hia ngāue pōpula. Taimi tatau ‘oku pehē ‘e he lipooti ko ‘eni ‘a e VPON ‘oku kole ‘a e ongo loea ma’a ‘Etuate mo Akosita’ ke peila pe tāuhi kinaua ki tu’a ke tali ai ‘ena tangi’. Ne na ‘osi kole peila ki mu’a ke faka’atā ‘a ‘ena fefolau’aki he ‘otu motu’ mo Tongatapu’ hili hono fakahalaia’i kinaua’ pea na’e ‘ikai tali ia ‘e he fakamaau’anga’. Ko e anga ‘eni e lau ‘a e lao ‘a Tonga’ ki he me’a ko e peila ‘o fakatatau ki he kupu 4B ‘o e lao peila’. ‘E ‘atā ki ha taha kuo tautea ke ngāue pōpula tu’unga ha’ane faihia ka kuo ne tangi ‘i hono tautea’ ke ne kole ki he fakamaau’anga’ ke peila pe tāuhi ia ki tu’a kae ‘oua leva ke mahino ‘ene tangi’. Ka ‘e makatu’unga pe hano tali ‘o e kole peila’ ‘okapau ‘e fiemālie ‘a e fakamaau’anga’ ngali ‘e ‘i ai ‘a e faingamālie ‘uhinga lelei ke ikuna ai ‘a e tangi ‘oku fai’, pe ngalingali ko e tangi’ ‘e ‘ikai fakahoko leva ki mu’a hano ngāue’i kakato pe konga lahi ‘o e tautea’ pea ‘oku ‘i ai ‘a e tui mālohi ka tuku ange ki tu’a ‘a e pōpula’ ‘e foki pe ‘iate ia ki he kau polisi’ hala ke ne toe fai ha hia lolotonga hono peila ia ki tu’a. Fekau’aki mo ha tangi ‘i ha tautea kuo ‘osi fakahoko ‘e tokoni ‘a e fakatamala ko ‘eni ki ai. Na’e tangi foki ‘a e Tongasat mo Pilinisesi Pilolevu ‘i he 2019 hili ‘a hono fakahā ‘e he Fakamaau lahi ‘aho ko ia’ kuo na halaia ki hono ma’u ta’etotonu ‘a e pa’anga $90 miliona Tonga ‘a e pule’anga’. ‘I he tangi ko ‘eni’ na’e fakamahino ai kuopau ke ‘i ai ha fakamo’oni fo’ou mo mahu’inga pea ko e fakamo’oni fo’ou ko ia na’e te’eki ‘o hake ia’ lolotonga e hopo ne iku fakahalaia’i ai ‘a e pilinisesi mo ‘ene kautaha’ kae lava ke tali ‘a e kole ke toe vakai’i ‘e he fakamaau’anga tangi ‘a e tangi ‘oku fai’. Ko e fakamo’oni fo’ou leva ne taku ‘e he Tongasat ko e pehē kuo nau toki ma’u hili enau halaia’ ko ha fuakava ‘a Looti Matoto mo Sunia Fili, ‘Aholotu Palu pea mo Dr ‘Aisake Eke. Na’e pehē leva ‘e he fakamaau’anga tangi ‘e tali pe ka ko ha fakamo’oni mātu’aki fo’ou ‘eni ‘i he ‘uhinga pe ‘e taha kapau na’e faingata’a fau ke lava ma’u ‘a e fakamo’oni ko ‘eni lolotonga ‘a e hopo ne fakahalaia’i ai ‘a e Tongasat mo e pilinisesi. Kae hili ‘enau vakai ki ai na’e pehē ‘e he kau fakamaau tangi, ko e fakamo’oni ko ‘eni kuo fakahū ange ‘e he Tongasat mo Pilolevu na’e hala ‘atā ke toki ma’u pe he hili ‘a e hopo’. Ko e fakamatala ‘a e kau fakamo’oni ko ‘eni ne ‘osi ‘i ai pe ia ‘i he 2008 mo e 2011 pea na’e ‘i Tonga pe kau tangata ko ‘eni ke nau omi ki fale hopo ‘o fakamatala ai ki he’enau fuakava lolotonga e lele ‘a e ‘uluaki hopo’. Pea na’e ‘ikai ha me’a fakalao ‘e taha ke ne ta’ofi kinautolu ke nau fakamo’oni he hopo ko ia’. Ko ia ai ne ‘ikai tali ia ke fakahoko ‘a e tangi ko ia’. ‘I hono fakahoa ‘eni ki he tangi ‘a e ongo Lavulavu ‘e ‘ikai mama’o ‘a e makatu’unga ko ‘eni’ mei ai’. Kuopau ke fakahū atu ‘e he ongo Lavulavu ‘a ‘ena fakamatala mo ha fakamo’oni mātu’aki fo’ou ‘aupito ke sio ki ai ‘a e fakamaau’anga tangi’. Pea kapau te nau tali ‘a e ngaahi mo’oni’i me’a fo’ou ko ia’ pea ‘e tali leva ke nau hoko atu ki ha hopo tangi. Pea ka ‘ikai fiemālie kau fakamaau tangi ki he ngaahi mo’oni’i me’a kuo fokotu’u atu ke fai ai ha hopo tangi, pea ko ‘ene leveleva’ ia.
Former Cabinet Minister and MP ‘Akosita Lavulavu has been sentenced to six years in prison.
Hon. ‘Akosita and her husband ‘Etuate Lavulavu
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.
The judge said they could have been charged with theft.
The court was told the Lavulavus had committed a carefully executed fraud over several years that amounted to a serious breach of trust.
Mr Justice Cooper told the court a pre-sentence report on ‘Akosita said there had been no attempt to repay the money, that she still maintained her innocence and showed no remorse.
The judge said ‘Akosita had supplied false references, something the pre-sentence report described as “an act of dishonesty which further proves her true character.”
Mr Justice Cooper said ‘Etuate Lavulavu’s offences were not out of character and was known to be deceitful. He posed a risk of re-offending.
The judge said a pre-sentencing report on ‘Etuate found that he still denied the offences; showed no remorse, blamed the court for being biased and did not accept his guilt. He had offered to pay all the money back in exchange for a community penalty and being spared prison.
“Had either defendant admitted their guilt and repaid the monies, as they seemingly can afford to do, then I would have approached this sentence in a totally different way,” the judge said.
“Instead, Mr. Lavulavu offered what some might think sounds very much like a bribe to stay out of prison.”
The judge said he had taken into account all possible mitigating factors to keep the overall sentence as low as I possibly could.
“I thought long and hard about the submissions in relation to Mrs Lavulavu and her being a mother of young children,” Mr Justice Cooper said.
“I feel I am unable to lessen her sentence despite this. It could be argued that she deliberately put her children’s wellbeing in jeopardy with her course of criminal behaviour; some might argue that was an aggravating feature to do so, I do not see it that way, but I do not lessen her sentence for that.
“Both defendants were in this together and their sentences reflect this.”
Background
The Lavulavus were arrested and charged with fraud on March 3, 2018. Akosita was subsequently sacked from her Ministerial position by the late Prime Minister, ‘Akilisi Pōhiva.
She was appointed Minister for Infrastructure and Tourism by Prime Minister Pohiva Tuʻiʻonetoa in October the following year, while she was awaiting trial.
Tuʻiʻonetoa has so far taken no action against her.
FAKAMATALA FAKATONGA
Pehē ‘e he fakamaau lahi’ ne mei lava ke toe tā mo e tikite ‘a e ongo Lavulavu’ ki he kaiha’a (theft) makehe mei he faka’ilo kuo’ na ngāue pōpula ai’ ‘a ia ne faka’ilo pe kinaua he founga ne na ma’u kākaa’i’aki ‘a e pa’anga’ kae ‘ikai ko e kaiha’a. ‘I hono fakahū atu ‘o e fakamatala ki mu’a pea hilifaki ‘a e tautea’, ‘iloa ‘eni ‘i he lea ‘Ingilisi’ ko e pre-sentence report. Ko e lipooti ‘eni ‘e fai ia ‘e he kau ‘ōfisa polopeisini’ ‘aki ‘enau faka’eke’eke ‘a e taha ‘e tautea’ ko e hā ‘enau ongo’i ki he hia ne nau fai’, hā ne nau fakahoko ai ‘a e hia’, pea ko e hā honau puipuitu’a fakafāmili hangē kapau ‘oku ‘i ai ha fānau mo ‘enau ngāue. ‘I he lipooti ‘o Akosita mo ‘Etuate na’e mahino ‘a e ‘ikai ha’ana loto faktomala, na kei tu’uaki pe a’u ki he mōmeniti faka’osi ‘ena tonuhia’, pea mo taukave’i ne na ngāue’aki pe pa’anga’ ki he’ena ako’anga’. Na’e ‘ikai tui ki ai ‘a e fakamāu’. ‘Ikai loto ‘a Akosita ia ke totongi fakafoki ‘a e pa’anga’ pea’ ne tō ai e lea ‘a e fakamaau lahi’ ko ‘eni ‘o pehē kapau ne na fakatomala mo loto ke totongi fakafoki ‘a e pa’anga’ na’e mei kehe ‘aupito ‘a e tautea te ne hilifaki’. Na’e mahino ki he fakamāu’ ko ‘Etuate ia kuo pāte’i faihia, tala ‘e ia ‘oku fakapalataha ‘a e fakamāu’ pea ‘i he tui ‘a Nicholas Cooper ‘e toe fai hia pe ‘a ‘Etuate ia he kaha’u’ pea ko e ‘uhinga ia ‘a e ‘ikai ke ne toe fakasi’isi’i hono tautea ngāue pōpula ta’u ono’. Na’e loto ‘a ‘Etuate ia ke ne totongi fakafoki ‘a e pa’anga’ kotoa kae fetongi ‘aki hano tautea pe ia ke ngāue ki he komiunitii’ pea ‘oua na’a ngāue pōpula. Ka ne pehē ‘e he fakamāu’ kuo hangē tofu ‘ene ‘ai’ ‘ana ha totongi fakafufū kae ‘atā mei pilīsone’. Ko Akosita ne ta’u ono mo ia ka ne malu’i angalelei ‘a e ta’u ‘e taha fakamuimui’ ‘o holo pe ‘o ngāue pōpula ta’u nima ka e toloi ‘a e ta’u ‘e taha fakamuimui’ he ta’u ua. Na’e ‘i ai mo e lave ‘a e fakamāu foki ki he pehē ‘oku ‘i ai ‘a e fānau ‘e toko ua ‘a e ongo Lavulavu’ pea ke hoko ia ko ha me’a ke toe si’isi’i ange ai hono tautea ‘o Akosita’ ka ne ‘ikai tui pehē ‘a e fakamāu’ tu’unga he kei loto fefeka pe ‘a Akosita mo kavekavea’u tokoua ‘oku tonuhia pe ia’ pea na’ e totonu ke kimu’a ‘ene fakahoko ‘a e hia’ ke ne fakakaukau’i lelei ‘oku ‘i ai ‘ene fānau. Na’e toe fa’u ‘e Akosita ‘a e ngaahi tohi fakaongoongo lelei loi ‘o ‘oange ki ha kakai ke nau fakamo’oni ai ka ne ‘ilo ia he lipooti ko ‘eni na’e ‘ikai ‘ilo e kakai ia ko ‘eni’ ki he kakano ‘o e tohi’. Pea na’e pehē ai ‘e he fakamāu’ ko e ta’efaitotonu ‘eni ‘a Akosita kuo ‘asi lelei mai ai hono lanu totonu’.
The Lavulavu couple have been sentenced after incorrectly receiving more than TOP$500,000 when they owned and operated the ‘Unuaki ‘o Tonga Royal Institute.
Akosita Lavulavu has been sent to jail for five years while her husband ‘Etuate was jailed for six years.
They were convicted for using student numbers they knew were false to apply for government grants.
“This is an example of the worst sort of dishonesty,” remarked Justice NJ Cooper in his verdict.
After almost five weeks of deliberations, an Auckland high court jury on Thursday found Malia Unalotokilakepa Li guilty of the manslaughter of her husband Lanitola Epenisa.
Malia ‘Unalotokipea Li. Photo/Facebook
She is scheduled for sentencing next month. Li is remanded in custody to await the hearing.
The mother-of-two has been on trial after Epenisa died from the blood infection sepsis, after two strokes slowly ate away at his ability to walk and speak coherently and he developed pressure sores from immobility, the NZ Herald reported.
“He was found dead by emergency staff in a Māngere home, drenched in urine in a room with a bag of soiled clothes and a nest of mice”, the paper reported.
Lanitiola ‘Epenisa. Photo/Supplied
Li was charged with manslaughter for failing to provide her husband – deemed a vulnerable adult – with the appropriate medical care, hygiene, food and water between January and October 2016.
The Crown said Li left Lanitola Epenisa in a La-Z Boy chair, next to a nest of mice and piles of rubbish. Pressure sores on his buttocks became so deep they exposed muscle and bone.
The sores became infected from his faeces and urine and Epenisa died of blood poisoning on October 2, 2016.
Li’s legal team said their client had done all she could for her sick husband, whose health had deteriorated to such an extent that he could not fight off infection.
OPINION: Convicted Cabinet Minister Akosita Lavulavu will be sentenced tomorrow July 2 at 10am.
Whatever her sentence, it will add a new chapter to the democrat MPs endeavour to push for more democracy in terms of good governance, transparency and accountability.
Minister of Infrastructure ‘Akosita Lavulavu and husband ‘Etuate Lavulavu. Photo/Akosita Lavulavu (Facebook)
In this opinion piece I will round up the debates and exchanges with the Prime Minister in the past two months on Akosita’s saga.
I have previously made it clear that the Prime Minister owed the public a proper response to the repeated calls to dismiss Akosita because he was the one who chose her to be Minister of Infrastructure, Tourism and Transport. He knew when he appointed her in 2019 that she had been charged with serious fraud offence in 2018. He should have checked the legal implication of her charges and how they could affect the government.
Clause 51(3)(a) vs clause 23
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) says: “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”.
Prime Minister Pōhiva Tu’i’onetoa. Photo/Kalino Lātū (Kaniva Tonga)
This clause 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.
In my opinion, Clauses 51 (3) (a) and the re-enacted Clause 23 appear to be in conflict when it comes to Akosita’s case because one clause allows the Prime Minister exclusive power to sack her at his pleasure, while the other says she must not be sacked if she seeks leave to appeal her sentencing. It also says that if she is sentenced to no more than two years imprisonment she is still entitled to be appointed a minister, no matter how serious the offence committed.
When constitutions and laws clashed it is a matter for the judiciary to make a final decision and clarify which one is void. Unfortunately, Tu’i’onetoa appears to have taken the role of the judiciary into his hands in this case and declared that Clause 23 was the only clause he could use and turned a blind eye to clause 51(3)(a).
A sensible leader should use his discretion and use the clause which will do what is best for the people, no matter what. In Akosita’s case the Prime Minister should have stuck to Clause 51 (3)(a) and shown he had a sense of responsibility to the whole kingdom.
Shifting
The Prime Minister’s comments and response to media questions about Akosita’s case clearly show he has shifted his justification when it suited him.
When asked about her pay while she was in court, instead of saying how many days were involved and which law justified her payment, Tu’i’onetoa said Akosita was still working at the time and Cabinet ministers worked 24 hours a day.
Tu’ionetoa was uncertain whether Akosita would appeal her sentencing. On June 5 he said “if after the 42-day period stipulated by the constitution is over and there is no appeal I will make the final decision.”
But his most telling comment was when he said he did not want to sack Akosita as he feared she might take him and the government to court using Clause 23. He said he did not want to be penalised by the court and for the government to have to pay Akosita compensation.
But the Prime Minister appears to have no concern at all about who will pay back the monies being paid to Akosita after her conviction and in the next 42 days if she appeals her sentence. Of course she could accept her sentence and go to jail, or her appeal could be rejected.
That is why it would have been better for the Prime Minister to immediately take action and dismiss or suspend Akosita without pay under Clause 51(3)(a). If she did end up taking him and the government to court and won, that would have been it. It would have been fair to pay her back all her entitlements, salaries and allowances because the legal process had been gone through.
Precedents
In law there are precedents – previous actions take by the courts of the legislature – that are considered as an authority for deciding subsequent cases involving identical or similar facts, or similar legal issues. In Akosita’s case, there is a clear precedent for his dismissal.
Akosita was dismissed in 2018 by Late Prime Minister ‘Akilisi Pohiva after she was arrested and charged for the fraud of which she has now been convicted.
Prime Minister Tu’i’onetoa should use this as a precedent to dismiss Akosita. He should also use it in court if Akosita takes legal action against the government because of clause 23.
Akosita has been found guilty of plundering more than half a million pa’anga from the government school grant scheme which was co-funded by New Zealand and Australia. The Prime Minister has a duty to spend every cent of public money wisely. Instead, he has continued to reward her with the same benefits and entitlements given to other ministers who have not been convicted of serious fraud.
The end justifies the means
In English there is an idiom that says the end justifies the means used to achieve it. Whatever means the Prime Minister is using at the moment seem only to point to one end, to keep Akosita in Cabinet. But is this goal really enough to justify the financial implications, the chaos over the Constitution and the effect on his government’s reputation?
Akosita’s court appearance tomorrow morning will determine the next chapter of this sorry saga.
In the wake of their sentencing last Friday, the relationship between the Lavulavus and Prime Minister Pōhiva Tuʻiʻonetoa has come under even closer scrutiny.
