Tuimaleali’ifano Va’aleto’a Sualauvi II last night suspended parliament “until such time as to be announced and for reasons that I will make known in due course” in a new edict which voided his previous one calling parliament to convene on Monday.
However, the court called the decision by the Head of State “unlawful’, paving the way for parliament to re-convene tomorrow.
The opposition FAST party, which had expected to declare a majority of seats when Parliament re-convened, had its legal challenge to the proclamation heard in the Supreme Court chambers in Apia this morning.
The decision was reached by the bench comprising the Chief Justice Satiu Simativa Perese, Justice Vui Clarence Nelson and Justice Tafaoimalo Leilani Tuala-Warren.
Mixed Martial Art fighter Liufau Tu’iha’angana Vake who was a victim of an attack in Central Auckland last Sunday morning 16 has died in hospital.
Liufau Vake. Photo/Supplied
A family member has confirmed his death to Kaniva News this morning.
It came after he was put on ventilator while his family were praying for a miracle.
Vake, 25, a fighter at City Kickboxing who trained with UFC champion Israel Adesanya – was left in a coma after being punched from behind in Symonds Street.
Also known as Fau Vake, he died in Auckland Hospital with family by his side this morning, Police said in a statement.
“Our thoughts are with his family at this incredibly difficult time”, it said.
“Given the man’s death, further charges will be filed in due course.
“Four men have already appeared before the Auckland District Court following the incident on 16 May at around 2.55am.
“Police can confirm that we are not currently seeking anyone else in relation to our investigation.
“The investigation team would still like to hear from anyone that witnessed the incident or events leading up to it.
“If you can assist our enquiries, please contact Police on 105 quoting the file number 210516/8173”.
A statement from City Kickboxing said: “It is with inexplicable sadness almost seven days to the hour after his hospital admission, Fau’s fight to find his way back to us ended.
At this tragic time, the Vake family and City Kickboxing ask for time to grieve and reflect on the loss of Fau, a father, a son and a much loved brother to us all”.
The father of one had been on his way home when the incident happened on Symonds St just before 3am.
Vake’s death came amid fresh demands for tougher laws to tackle coward punches.
UFC middleweight Champion, Israel Adesanya, who is Vake’s main training partner, is calling for more serious consequences for “coward punchers”.
Adesanya, who himself had his jaw broken in 2012 when hit from behind, wants to bring attention to the lack of legal recognition of the seriousness of the “coward punch”.
“I am distraught. My gym brother may die because of the gutless actions of these men.
“In the past decade there have been numerous deaths from punches thrown when people are not looking. Given the massive publicity these crimes have received, no one is dumb enough to think there is not a serious risk of death. There is no excuse, it should be considered attempted murder or murder.”
City Kickboxing head coach Eugene Bareman can’t understand why the issue has not been addressed sooner.
“The Australian states of New South Wales, Queensland and Victoria all introduced coward punch laws in 2014.
One person was aboard a life-raft, with the other five entering the water without lifejackets.
The man in the life-raft has been found, with the Fijian Rescue Coordination Center releasing photos of the moment he was located on Wednesday.
A crewman of the TIRO II is rescued by members of the Republic of Fiji Navy rescue. Photo: Rescue Coordination Centre Fiji
The Chinese-owned, Fiji-flagged tuna longliner FV TIRO II was found on Wednesday by the Orion about 90 nautical miles west of Fiji, with two crew members still onboard.
The Fijian Rescue Coordination Center has also released photos of the two men found on board the vessel being handed over to police.
A Fijian Navy crew hand over the survivors found on board the FV TIRO II to Fiji police. Photo: Rescue Coordination Centre Fiji
A Fijian Navy crew hand over the survivors found on board the FV TIRO II to Fiji police. Photo: Rescue Coordination Centre Fiji
After taking on water Thursday night, FV TRIO II sank yesterday morning.
Fiji Navy commander Captain Humphrey Tawake said all three survivors were now being spoken to by the police in Suva in relation to the violence on board the trawler.
He said the search continued for the other crewmembers.
“They’ve been in the water since Monday, so your survival in the water without any lifesaving equipment is drastically reduced. But we remain optimistic.”
Earlier, Captain Humphrey Tawake told the Fiji Times newspaper they were aware of allegations that a Fijian national had beheaded a second Fijian national following a “heated argument”.
“However, we cannot comment on these allegations since police will carry out their own investigations to ascertain these claims.
“We are aware that part of the crew had jumped overboard while two remained on the vessel.”
A New Zealand Air Force Orion aircraft has also been helping in the search for the remaining five men.
The Tu’i’onetoa government has been accused of encouraging illegal acts after the Ha’apai governor was convicted and fined $12,500 in the Supreme court this week.
(L-R) Lawyer Nalesoni Tupou, Governor Viliami HIngano Manuopangai and Prime Minister Tu’i’onetoa
Tongan New Zealand-based lawyer Nalesoni Tupou wanted to know how serious enough an offence for the Prime Minister to force a Cabinet minister including governors to resign.
“For the time being if you would like somebody to become the governor of an island they have to break the law first as that was what the leaders did before they were appointed as governor,” Tupou wrote in Tongan.
The lawyer was concerned after it appears the government failed to do a background check of Viliami Manuopangai Hingano before the Prime Minister recommended his appointment.
He was appointed by the king in January this year just five months after he was charged with possession of unlawful huge amount of 198 kg turtle meat in August 2020.
“The Prime Minster was happy to give the post to criminals,’ Tupou claimed.
Tu’i’onetoa has yet to respond to our previous question asking him if he would dismiss Hingano after his conviction in March.
The Prime Minister was also under pressure over calls for his Minister of Infrastructure ‘Akosita Lavulavu to resign as she is currently facing two separate serious fraud charges in courts.
In response to the calls by the Opposition for Akosita to resign, the Prime Minister previously said: “Let the law rule.”
Akosita and her husband ‘Etuate face charges of knowingly dealing with forged documents and obtaining credit by false pretenses, after irregularities were found in an audit of the ‘Unuaki ‘o Tonga Royal Institute in 2016 and a land lease complaint in 2020.
Tu’i’onetoa previously said: “Everyone is innocent until proven guilty” implying that this was the only justification for him to sack a Cabinet minister who has serious allegations.
But Tu’ionetoa stopped short of answering a question from Kaniva News asking him if this meant he would sack ‘Akosita if the courts will find her guilty.
“I ask you to please re-read and re-read my first response I gave you previously the answer is there and read the constitution to understand it,” Tu’i’onetoa said in response to a question we expected him to reply yes or no.
At the time, the Prime Minister was e-mailed another question.
“Will you sack the Ha’apai governor Viliami Manuopangai Hingano after he was recently found guilty by the court of unlawful possession of (198kg) turtle meat”.
The Prime Minister has yet to reply to that question.
In convicting the governor last month, the Supreme Court judge said:
“Having heard the accused‘s background, he being a director in the Ministry of Public Enterprises, and he had been a member of Parliament representing District 12 of Ha’apai which included Lofanga, and having grown up and living in Ha’apai, I do not believe his evidence that he did not know that an approval was required before a turtle was killed”.
Tongan courts have no power to order a cabinet minister or the governors to resign. That power rests with the Prime Minister and the king by the constitution.
The two governors and all Cabinet ministers were appointed by the king on the advice of the Prime Minister.
This means, it was the Prime Minister’s prerogative to appoint and dismiss them through the king’s constitutional power at any time at his pleasure.
Crown Prosecutor Sēmisi Lutui has clarified queries from media about the Minister of Infrastructure Akosita Lavulavu’s fraud trials after the king opened parliament earlier this month.
The Minister and his disgraced husband ‘Etuate Lavulavu were defending themselves in court against allegations of defrauding over half a million pa’anga from the government’s schools subsidiary funding grants.
They also face another separate trial in the Magistrate court in which they were being accused of using forged documents in a land lease deal in Vava’u.
The Supreme Court is expected to reach a verdict soon.
The media wanted to know if Akosita can use the legal protection of parliamentary privilege to tell the Supreme Court she was busy with her parliamentary responsibilities and therefore she could not attend her trial.
Lutui said the Supreme Court can order Akosita to be arrested if she did not turn up to her trial, the Kakalu ‘O Tonga newspaper reported.
He said in cases like this the power of the court can overrule the power of parliament.
The Tongan constitution clause 73 for immunity from judgement made the prosecutor’s clarification clearer.
It said:
“The members of the Legislative Assembly shall be free from arrest and judgment whilst it is sitting except for indictable offences and no member of the House shall be liable for anything he may have said or published in the Legislative Assembly”.
The advice from the government’s law office came after Opposition Leader Semisi Sika said there were no more excuses for Akosita to continue in her various ministerial roles on full pay when she is expected to spend most of her times in court.
Akosita rejected the calls for her resignation saying there was no legal basis for her to resign. She echoed the Prime Minister’s house rule of “Let the law rule” insisting she was innocent until proven guilty.
The Tonga courts have no power to dismiss or order a Cabinet minister to resign. That power rests with the authorities of the Prime Minister.
The governor of Ha’apai was convicted and ordered on Friday to pay a fine of $12,500 in the Supreme court this week for unlawful possession of large amount of turtle meat.
We asked the Prime Minister whether he would sack the governor but he has yet to respond.
Sacked former Australian rugby international Israel Folau has announced he’s returning to rugby league with Gold Coast team Southport Tigers.
The former dual-code international saw his Rugby Australia contract terminated in 2019 after he refused to take down a controversial social media post in which he said “hell awaits” gay people.
Folau reached an out of court settlement with Rugby Australia before moving to France to play rugby league in the Super League with Catalans.
Folau said his comments had nothing to do with playing the game and he had no regrets.
Catalans have indicated that they will demand compensation to release Folau from his contract, which runs until the end of 2021.
He could play for the club as soon as next week but his registration with Queensland Rugby League is still pending.
Folau, whose two brothers currently play at the Tigers, said that he was “grateful for this opportunity”.
“I’m just grateful for that opportunity to get back on the field and put the boots back on. I’m excited.”
St George Illawarra made a bid to bring Folau back into the NRL earlier this season, but withdrew the application after a backlash from sponsors and supporters.
The king’s noble, Lord Fohe, has pleaded not guilty to allegedly assaulting a man, the Kakalu ‘O Tonga newspaper reported.
Lord Fohe
The noble appeared in the Magistrate court on May 7 and he is expected to reappear in court later.
The offence carries an imprisonment for a term not exceeding three years or a fine not more than $5,000.
The noble was no stranger to court and controversy.
As Kaniva News reported previously, Lord Fohe and his Free Wesleyan church minister had to be restrained during a dispute over damage to a fence, it has been claimed.
Reports claimed the church minister was unhappy after a bulldozer destroyed the fence of the church’s residence for its ministers in Puke.
Lord Fohe is the estate holder of Puke.
In 2017, 12 Puke residents took Lord Fohe to court after a dispute with another Puke resident, Monte Payne.
However the court dismissed the application and ruled in favour of the noble saying the issues raised could be answered without joining the present Lord Fohe as a party.
By One News / TVNZ and is republished with permission
A patched Mongrel Mob member has been arrested and charged over a serious assault in Christchurch in January.
Leni Taufateau. Source: 1 NEWS
Nineteen-year-old Leni Taufateau, a promising rugby player, sustained serious head injuries following the assault on Oxford Terrace on January 31.
A 33-year-old man, a patched Mongrel Mob member, has been charged with wounding with intent to cause grievous bodily harm.
He was arrested in Hastings yesterday and will appear in Hastings District Court today.
Two days after the incident Detective Senior Sergeant Nicola Reeves described the attack as “cowardly”.
“An unprovoked attack, regardless of who is responsible for it is always a concern for the public and the police. This a cowardly attack on a young man who was doing absolutely nothing except being out and enjoying himself for the night so that is a concern for all of us,” she said.
Today in a statement police say: “The victim in this assault has made progress with his recovery, however he still faces serious health issues due to the injuries sustained”.
Police remain keen to hear from anyone who has information about the incident.
In a strong show of support, spiritual leaders, social media users, former high school and compassionate individuals have prayed for the Tongan Mixed Martial Art (MMA) fighter who is on life support in Auckland hospital.
Liufau Vake (inset) and family and members of the Mixed Martial Art community inside Auckland hospital. Photo/Supplied
Many wrote and shared their prayers and encouragements on Facebook including Kaniva News’ Facebook posts’ comment sections.
Some even sent their prayers by email to us before we published them under stories we have published about the victim, Liufau Vake.
As Kaniva News reported on Monday, the family have asked for prayers for Vake. The response has been huge.
Some have quoted texts from the Holy Bible including Psalm 27 :1- 2 which says: “The Lord is my light and my salvation; whom shall I fear? The Lord is the stronghold of my life; of whom shall I be afraid? When evildoers assail me to eat up my flesh, my adversaries and foes, it is they who stumble and fall”.
In a post on social media, West Auckland’s Kelston Boys’ High School called on the school community to remember the former student and his family in prayer.
Vake’s mother has asked doctors that he be kept on life support as they pray for a miracle, his maternal aunt told us.
City Kickboxing head coach and friend, Eugene Bareman, told the AM Show the situation was “pretty dire” and that doctors had been gracious enough to tell it like it is.
“He’s hanging on by a thread. So yeah, we’re praying for a miracle. That’s what we need at this stage.”
Vake, 25, was rushed to hospital following an attack at Auckland central on Sunday morning.
The father of one had been on his way home when the incident happened on Symonds St just before 3am.
It is alleged Vake fell after being hit from behind.
Police and St John emergency services were called to the area, near the intersections of Khyber Pass Rd and Newton Rd in Eden Terrace, at 2.55am.
Two people were initially taken into custody.
However, police later charged a total of four men who appeared in the Auckland District Court on Monday.
Three of the men charged in relation to the incident are 29.
One is charged with common assault, another is charged with two counts of assaulting with intent to injure, while the other is charged with wounding with intent and injuring with intent.
The fourth man is a 32-year-old who has been charged with common assault.
Police said inquiries are continuing into the circumstances of the incident.
However, they are not looking for anyone else in relation to it.
Vake’s death came amid fresh demands for tougher laws to tackle coward punches.
UFC middleweight Champion, Israel Adesanya, who is Vake’s main training partner, is calling for more serious consequences for “coward punchers”.
Adesanya, who himself had his jaw broken in 2012 when hit from behind, wants to bring attention to the lack of legal recognition of the seriousness of the “coward punch”.
“I am distraught. My gym brother may die because of the gutless actions of these men.
“In the past decade there have been numerous deaths from punches thrown when people are not looking. Given the massive publicity these crimes have received, no one is dumb enough to think there is not a serious risk of death. There is no excuse, it should be considered attempted murder or murder.”
City Kickboxing head coach Eugene Bareman can’t understand why the issue has not been addressed sooner.
“The Australian states of New South Wales, Queensland and Victoria all introduced coward punch laws in 2014.
“In 2018, the New Zealand parliament rejected a bill in its first reading to create a coward punch offence with a maximum sentence of 20 years imprisonment. This means there is absolutely no deterrent in place to make people think twice about this type of attack. “It’s sad to see Australia so far ahead of us in dealing with these evil acts. If New Zealand law doesn’t allow for a more serious penalty, we should all be pushing for it.”
The Minister and his disgraced husband ‘Etuate Lavulavu were defending themselves in court against allegations of defrauding over half a million pa’anga from the government’s schools subsidiary funding grants.
