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Former All Black to play for Tonga

By
Kaniva Staff
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By RNZ.co.nz

Former All Blacks midfielder Malakai Fekitoa is switching his international rugby allegiance to Tonga.

Malakai Fekitoa has signed on with Toulon for two years. Photo/All Blacks (Facebook)

The 29 year is one of four former New Zealand and Australian internationals who will represent the kingdom in next weekend’s Final Olympic Sevens Repechage tournament in Monaco.

The others are former Wallabies forward Lopeti Timani, ex Australian sevens international Afusipa Taumoepeau and Tasman winger Tima Fainga’anuku, who is a former New Zealand sevens representative.

Fekitoa will link up with the Tonga sevens squad already in Monaco after playing in Wasps’ final English Premiership match against Leicester Tigers this weekend.

The former Auckland and Highlanders star, who was born on Hihifo in the Ha’apai Islands, made his test debut in 2014 and played the last of his 24 tests for New Zealand against the British and Irish Lions four years ago.

He represented Tonga in sevens before moving to New Zealand as a 17 year old, after earning a scholarship to Wesley College.

Players can switch their international allegiance by playing in an Olympic qualifying event, provided they have a passport for the second country and have completed a stand down period of three years.

By playing in 50 percent of Tonga’s matches at the Olympic qualifying tournament in Monaco, Fekitoa will become eligible to play for the ‘Ikale Tahi national team.

However a mouth-watering debut against the All Blacks in Auckland next month is a no-go, with a test debut pencilled in for November.

Global travel restrictions, which including a lack of available places in New Zealand’s Managed Isolation Quarantine facilities, means Fekitoa will not be available for the ‘Ikale Tahi’s July tests against New Zealand and Samoa.

RNZ Pacific understands two-test All Black halfback Augustine Pulu had also been keen to represent Tonga but did complete the required paperwork in time to be eligible.

Tonga internationals Cooper Vuna, Atieli Pakalani, Nafi Tuitivake and Sam Vaka, as well as Manu Samoa international Tim Nanai-Williams have all previously utilised the Olympic loophole to switch their international allegiance from Australia and New Zealand to represent their Pacific heritage.

Extended Tonga sevens squad for Monaco:

Fotu Lokotui, Jack Ram, Alaska Taufa, Roy Lolesio, David Halaifonua, Saia Fekitoa, Afusipa Taumoepeau, Malakai Fekitoa, Daniel Kilioni, Atunaisa Manu, Lotima Fainga’anuku, Vaea Vaea, Lopeti Timani, Ofa Fono, Violeti Kolo, Sunita Palu Fihaki.

(will be cut to 12 on Sunday)

Police seeking three people over Auckland man’s death from moving vehicle

By
Kaniva Staff
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By TVNZ / One News

Police are looking for three people who were in the van an Auckland man fell from while it was moving, leading to his death.

Police say this man who was in the same vehicle 28-year-old Kimleang Youn was thrown from may be able to provide valuable information into the case. Photo / Police

On April 28, Kimleang Youn fell from a vehicle he was travelling in on Robertson Road in Māngere and sustained critical injuries. The vehicle then fled the scene.

About three weeks later, the 28-year-old died in hospital.

On Police Ten 7 last night, Detective Sergeant Robert Kerr revealed the van, a silver Toyota Alphard, had been recovered by police and is being examined.

1 NEWS
Kimleang Youn Source: Supplied
Police also revealed new CCTV footage captured about three hours after the incident. It shows at least three people in the van at the BP Connect on Fanshawe Street in central Auckland.

The footage clearly captured one male passenger’s face, and shows the height and build of the van’s driver. Another passenger remained in the vehicle.

Kerr said police were “very interested” in speaking with the trio because they may have “crucial information” about what had happened to Youn.

Police are treating the circumstances surrounding Youn’s injuries as suspicious.

Police are asking witnesses or anyone with information to come forward.

Kerr said there may have been young people who filmed the incident from a nearby bus stop.

Police say this man who was in the same vehicle 28-year-old Kimleang Youn was thrown from may be able to provide valuable information into the case. Photo / Police

Anyone with information can contact the Operation Kinley team on (09) 261 1321. People can also call Crimestoppers on 0800 555 111 to give information anonymously.

Nearly all cars imported by 2035 must be electric, Climate Change Commission report says

By
Kaniva Staff
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By RNZ and is republished with permission

The Climate Change Commission has released its final report laying out the roadmap for the country to slash emissions and become carbon neutral by 2050.

Prime Minister Jacinda Ardern with Climate Change Minister James Shaw.
Photo: RNZ / Dom Thomas

The commission received more than 15,000 submissions in response to its draft advice released in late January.

The plan outlines sweeping changes to society, laying out proposals for the first of three emissions budgets for Aotearoa.

These set the maximum amount of greenhouse gas emissions over five-year blocks: 2025, 2026-2030 and 2031-35.

It calls for progressively deeper emissions reductions. From 15 percent by 2025 for long-lived greenhouse gases – up to 63 percent by 2035.

And for biogenic methane – a 8 percent cut by 2025, 12 percent by 2030 and 17 percent by 2035.

By 2050 the target range for biogenic methane is set between 24 and 47 percent.

New Zealand made international commitments in 2006 to cut total emissions to 30 percent of 2005 levels by 2030.

However, the report said if New Zealand was to play its part as a developed nation its Nationally Determined Contribution needed to be much more than 36 percent – but that was a decision for politicians.

The government has until the end of the year to respond with its own plans.

Some Climate Change Commission final report recommendations

Transport

  • Nearly all cars imported by 2035 must be electric vehicles
  • Road transport can be almost completely decarbonised by 2050
  • By end of 2022 set targets to get more people walking, cycling and using public transport

Agriculture

  • To get to the higher 47 percent reduction range for agriculture would require cutting agricultural production from livestock unless new technology came online.
  • Set a farm emission carbon pricing scheme, or look to bring agriculture into the emission trading scheme (something the government must make a decision on by next year)

Energy

  • Phasing out coal as soon as possible
  • Phase out the use of boilers that burn fossil fuels
  • A major expansion in the electricity system needed to start immediately

Forestry

  • Establishing a comprehensive plan for new native forests.
  • These can be on steeper, less productive land. Its plan assumes assumes 300,000 hectares of new native forests and 380,000 hectares of new exotic forests are to be established between 2021 and 2035.

Just transition

  • Supporting workers to transition from high-emissions sectors to low-emissions sectors

Key changes in the final report compared to the draft

  • Deeper cuts needed in the first two budget periods – about three times the draft’s target in 2025, but the curve smooths out after that. This will make meeting the 2050 targets harder.
  • Fewer EVs to be in the fleet in early budget periods than first projected
  • Herd numbers may need to drop as assumptions about potential farming efficiency improvements were too optimistic
  • It had under estimated how much land would be converted to horticulture, it has now revised this up from 2000 hectares a year to 3500 hectares a year
  • Native reforestation will take some grazing land
  • Increase in the ambition around cutting waste
  • Revised upwards the amount of methane emitted from landfills that will be captured
  • More paths laid out to get to emissions targets
  • Deeper integration of Treaty of Waitangi principles

It said the government needed to change the emissions trading scheme to make it fit for purpose.

Government responds

The government said the report showed meeting the climate targets were achievable and affordable with existing technology, and delaying action will end up costing more.

It said the commission had revised up the cost of inaction to about 2.3 percent of GDP by 2050 – almost double the cost to the economy compared to acting now.

Climate Change Minister James Shaw said this government had done more to fight the climate crisis in the last three-and-a-half years than the combined efforts of governments over the last three-and-a-half decades.

James Shaw
Climate Change Minister James Shaw. Photo: RNZ / Dom Thomas

“However, we are yet to see a sustained decline in the pollution we put into the atmosphere,” Shaw said.

“And even when we do, we need to ensure that decline continues and, in fact, picks up pace, every year until we hit net-zero. The commission’s advice makes clear that this is possible, but only if we act now.”

Prime Minister Jacinda Ardern reiterated her statement that climate change was this and the next generation’s nuclear-free moment.

“I view the commission’s report as one of the most significant documents I’ll receive in my time as prime minster.”

The government has until the end of the year to respond to the commission’s climate roadmap with its own Emissions Reduction Plan.

Actress Rose Byrne to play Jacinda Ardern in film based on Christchurch mosque attacks – report

By
Kaniva Staff
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By RNZ and is republished with permission

Australian actress Rose Byrne is set to play Prime Minister Jacinda Ardern in a film about the week following the 15 March Christchurch mosque attacks, according to US media reports.

Actress Rose Byrne attends the BAM opening night after party for "Medea" at Public Records on January 30, 2020 in New York City.
‘Bridesmaids’ actress Rose Byrne. Photo: AFP / 2020 Getty Images

New Zealand screenwriter and producer Andrew Niccol will write and direct the project, They Are Us, which focuses on the week following the 2019 attacks, the Hollywood media outlet Deadline reports.

Glen Basner’s FilmNation Entertainment is shopping the project to international buyers at the upcoming Cannes Virtual Market, according to the report.

“They Are Us is not so much about the attack but the response to the attack … how an unprecedented act of hate was overcome by an outpouring of love and support,” Niccol told The Hollywood Reporter.

No caption
Prime Minister Jacinda Ardern (file). Photo: RNZ / Samuel Rillstone

The title is drawn from Ardern’s words on the day of the attacks, describing those directly affected by the shootings.

The film is reportedly being produced by Ayman Jamal, Stewart Till, Niccol and Philippa Campbell, with production to take place in New Zealand.

The Hollywood Reporter said the script was developed in consultation with several members of the mosques affected by the tragedy.

Police looking for Kevin Fisi’ihoi missing from Hamilton

By
Kaniva Staff
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Police said today they are concerned for the welfare of 35-year-old man missing from Hamilton.

Kevin Fisiihoi. Source: NZ Police

Waikato Police issued a Facebook plea for sightings of Kevin Fisiihoi.

He was reported missing from his Hamilton home today.

Police said they and Fisiihoi’s family are concerned for his welfare.

Fisiihoi is described as being solid build and around 180cm tall.

Anyone with information on his whereabouts should contact police on 105, quoting the file number 210610/2618.

Meanwhile, a police spokeswoman said a 14-year-old girl missing from Christchurch earlier today had been found.

Aotearoa New Zealand provides NZ$8 million COVID-19 financial support package to Tonga

By
Kaniva Staff
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New Zealand’s High Commissioner to Tonga, Tiffany Babington, has signed a Grant Contribution letter to the Government of Tonga for a NZ$8 million COVID-19 financial support package.

PM Pōhiva Tu’i’onetoa and NZ High Commissioner. Throughout the pandemic, Aotearoa New Zealand is continuing to adapt our economic and health system support to meet country and regional needs.  Photo/Supplied

This letter was handed over to the Prime Minister of Tonga, Hon Rev Dr Pōhiva Tuʻiʻonetoa, at an event on Wednesday 9 June.

“This support will help the Government of Tonga respond to specific economic and social impacts of COVID-19, such as, providing financial support and social protection for businesses and households that have experienced economic hardship as a result of the pandemic. It will also assist with the Government of Tonga’s repatriation efforts,” said High Commissioner Babington.

New Zealand is working in partnership with Tonga, as well as other countries in the Pacific, to support their COVID-19 responses and build resilience for the future.

Prime Minister Tu’i’onetoa welcomed New Zealand’s assistance. “On behalf of His Majesty’s Government, I am pleased to express our sincere gratitude to the Prime Minister, the Government and the people of New Zealand, for your continued financial support to the Kingdom of Tonga, which is timely in our response to the ongoing crises of health and climate change. This invaluable assistance will assist in our efforts to respond and meet the unexpected challenges of the COVID-19 pandemic,” said the Prime Minister.

Closing borders and protecting our people has come at a cost to the whole region, and by providing budget support, New Zealand is enabling Pacific governments to respond quickly to their most urgent development priorities, and determine where this is needed most according to their individual circumstances.

This financial support package is in addition to support that has already been provided by New Zealand, including:

  • NZ$4 million in budget support for the Government’s COVID-19 stimulus package
  • NZ$1.6 million in funding for a new Central Pharmacy Warehouse
  • NZ$100,000 from our Emergency High Commission or Embassy Fund to the Ministry of Health for a medical waste collection truck
  • NZ$1 million to MoH’s pandemic preparedness and response plan
  • NZ$550,000 worth of PPE
  • NZ$1 million to support implementation of the WHO Pacific Regional Preparedness and Response Plan
  • NZ$1 million to support WHO purchase GeneXpert machines and cartridges which have given Pacific Island countries, including Tonga, COVID-19 testing capability
  • New Zealand COVID-19 vaccine support for Polynesia and the Pacific including through COVAX.

PM Tu‘i‘onetoa sidesteps questions over continued payments to Minister, ignores calls for him to stand down convicted Akosita

By
Kalino Latu
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Prime Minister Pōhiva Tu’i’onetoa has failed to address questions about the thousands of pa’anga the government has paid to convicted Minister Akosita Lavulavu.

Kaniva News understands she was paid while out of office  and attending court for six weeks. She is continued to be paid.

Questions arose after Tu’i’onetoa claimed that previous governments had had to financially compensate  Ministers who had been sacked, but then won an appeal against their guilty verdicts.

Kaniva News has asked the Prime Minister to give an example of such an incident. We are waiting for a reply.

We queried him after he asked Kaniva News and other media to help him publicise his decision to keep Akosita in office despite her conviction.

He justified his decision by saying he would not force Akosita to resign because Clause 23 of the Constitution said anybody who had been convicted could appeal their sentence within 42 days.

His stance has sparked a public uproar, with many calling for him to use his prerogative under Clause 51 to suspend Akosita until her seeking leave to appeal her sentencing had been confirmed.

What happened to ministers who were dismissed in the past?

Kaniva News believes that of all the Cabinet ministers dismissed or demoted by Prime Ministers or the king before and after the 2010 political reforms, none were convicted while they were ministers.

Cabinet ministers who had been dismissed resigned because they either became involved in allegations, caused distraction to the government or the Prime Ministers were not happy with their performance.

This was because the Prime Minister has exclusive power given by Clause 51 of the Constitution to sack them at his pleasure. It mirrors Clause 50, which gives the PM the power to appoint his Cabinet.

Akosita is believed to be the first Cabinet Minister in Tonga to be convicted in the Supreme Court of serious fraud, but Tu’i’onetoa has taken no action against her.

How much Akosita is expected to have received?

The Prime Minister must come clean and explain why Akosita has continued to be paid. As Kaniva News reported last week, she was expected to have received an estimated TP$30,000 when she was out of office to attend her fraud trial and for the three months until September.

This money from the government’s coffers cannot be paid back to the Ministry of Finance even if Akosita’s seeking leave to appeal is dismissed, a source who was familiar with the government’s salaries said.

It is believed Akosita has been paid more than TP$7500 by the government as her normal salary. The money was meant for her to stay in her office and perform her ministerial duties or to represent Vava’u 16 in Parliament.

She is expected to remain in office until July 2 when the Supreme Court is expected to lay down her sentencing. This means that in another 28-day period, Akosita is expected to receive payments of about  $5000 in total.

After her sentencing it is anticipated that she will stay in her government office for another 42 days, during which time she is expected to apply for permission to appeal against her Supreme Court conviction. This means she is expected to receive another total of TP$7500 payment for this period.

If she lodges an appeal, it could take another 42 days or longer before she faces the Appeal Court. This meant she is expected to receive another payment of  about TP$7500 for that period.

Our source said Akosita’s Cabinet and parliamentary salary was around TP$1250 a week on top of her other allowances and entitlements.

What were the reactions against the PM?

The Prime Minister’s repeated refusal to penalise Akosita has sparked a huge uproar with many calling on him to resign.

In Parliament this week the Noble MPs led by Lord Tu’iha’angana along with Opposition Party took side with the public and told the prime minister he had to do something against Akosita.

There were calls for him to use his common sense and stand her down to maintain the government’s reputation and the king’s dignity.

Tu’i’onetoa has been slammed for using the Holy Bible and Clause 23 of the Constitution to defend his decision to keep Akosita in office while at the same time the constitution clause 51 has given him a prerogative power to force her to resign.

The Prime Minister is now facing another backlash over revelations about her pay. Critics have lashed out, saying that he has repeatedly changed his justification for taking no action against her.

FAKAMATALA FAKATONGA

‘Oku mālie ‘a e kumi ‘uhinga holo ‘a e palēmia’ ke malu’i ‘ene ta’efiemāvae kava mo Akosita Lavulavu hili hono fakahalaia’i ia ‘i he fakamaau’anga’ pea ‘asi mai mo ‘ene ngaahi fakamatala hā ta’emo’oni pea ‘oku ‘ikai ko ‘ene toki fai ‘eni. Tala mai ‘e he palēmia’ ‘oku’ ne loto ke tuku pe ‘a Sita ‘i loto he ne ‘osi tuku ki tu’a tokua ‘e he kau palēmia ki mu’a ‘a e kakai pe kau minisitā ne halaia he fakamaau’anga’ pea iku ‘o tangi kinautolu ‘o liliu ‘e he fakamaau’anga tangi’ ‘a honau tautea’ ka kuo mole honau lakanga’. Toe pehē ‘e Tu’i’onetoa na’e iku ‘o mole lahi ‘a e pule’anga’ ‘i he ngaahi keisi peheni’ hili hono totongi huhu’i e kau minisitā pe kakai ko eni’. Na’a’ ne fakamatala’i e tu’utu’uni ‘ikai ‘ilo pe ko ha mo’oni ko ‘eni ‘a e kau palēmia ki mu’a’ ko e “kāimu’a” mo e “‘oho’ohomu’a”. Na’e fehu’i atu leva mei he Kaniva’ ‘o ‘eke ange ke ne tala mai ange’ ha minisitā mo ha palēmia ne hoko ki ai ha me’a pehē ki mu’a’ hangē ko ‘ene fakamatala’. ‘Oku te’eki ai ke ne tali mai ‘a e fehu’i ko ‘eni. ‘Oku tui ‘a e Kaniva’ ‘oku ‘ikai mo’oni e fakamatala ko ‘eni ‘a Tu’i’onetoa’. Ne te’eki ’i ai ha minisitā ia ‘i Tonga he teketi (decade) ‘e tolu kuohili’ ne mo’ua he fakamaau’anga’ pea tuku ki tu’a pea tangi ia ‘o toe liliu hono tautea’ pea iku toe totongi huhu’i ia ‘e he pule’anga’. Ko e kotoa e kau minisitā kuo fakafisi ‘i Tonga he kuohili’ ne fai pe ia he tu’utu’uni ‘a e kau palēmia ‘aho ko ia’ tu’unga ha hu’uhu’u kuo fai kia kinautolu pe ko ha ‘ikai pe fiemālie e palēmia’ ia kia kinautolu. Ko e mafai fakaleveleva ia ‘o e palēmia pea ‘oku ‘ikai ha lao ia ke ne ta’ofi. Ka kuo kalo ia fai ‘ene faka’uhinga mo manavasi’i na’a mo’ua e pule’anga’ tokua ha tali e tangi ‘a Sita’ kae fēfē ‘ene vahe’ pe ‘ena kae nofo fale hopo ia’? Toe hokohoko atu pe ‘eni ‘ene vahe’ pea ka ‘alu ia ‘o ngāue pōpula ‘e toe totongi fakafoki fēfee’i mai e pa’anga kakai’ ko ia?

Money from ‘Unuaki Institute bank accounts transferred into bank account belonging to convicted Akosita’s father; ‘barter’ school fees not allowed: AG

By
Kalino Latu
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Details of the Lavulavu’s fraud continue to emerge, with revelations that they used a joint account belonging to  convicted Cabinet Minister Akosita Lavulavu and her father to transfer money from ‘Unuaki ‘O Tonga Royal Institute’s bank accounts.

‘Etuate Lavulavu (L), Cabinet Minister Akosita Lavulavu

News of the involvement of the Minister’s father emerged during the trial at which the Minister and her husband, disgraced former MP Etuate Lavulavu, were found guilty of defrauding the government of TP$558,600.

Armed with a search warrant Police found another two bank accounts belonging to the ‘Unuaki ‘O Tonga Royal Institute under Akosita and her husband ‘Etuate Lavulavu’s names.

The 126 page report on the trial and judgement said there were cross transfers between all the accounts.

The conviction included three counts of knowingly dealing with forged documents to defraud the government’s school grant scheme.

They are set to be sentenced on July 2.

Police also seized a letter applying for a loan from the Tonga Development Bank at the Lavulavu couple’s residential address.

They found two UTRI bank accounts, 2000911715 and 2000778155, which allowed them to compare receipts with deposits.

Auditor General Sēfita Tangi. Photo/Facebook

The judgement said both accounts were the name of both defendants, who signed for both of them. The opening of this account signed for by both ‘Etuate and Akosita.

The other account, 2000638284 BSP, was in the name of Akosita and her father.

In kind or barter school fees

The Lavulavus claimed students did not pay fees in 2013 and 2014 and said they were given the option of making handicrafts or working for the Institute.

“They were able to work in services in buffet dinner services,” Etuate said.

“They were also able to work in tour guiding services. Also do some cleaning up of rubbish at school”

These types of payments were described in court during the trial as barter or payment-in- kind.

Auditor General Vs Former Finance Minister

Auditor General Sēfita Tangi told the court Cabinet had made no decision to allow these kinds of payments.

“Auditor General made the point that UTRI did not have a record system to prove ‘ in kind’ payment system”.

“Cabinet decision only allows school fees; the reciprocated monetary receipt. Which means pay in cash,” Tangi said.

“This has been procedure probably more than a century for schools in Tonga.

Payment-in kind or barter had never been accepted. “Only money was accepted. “

Dr ‘Aisake Eke’s claims

As Kaniva News reported yesterday, Dr ‘Aisake Eke claimed that bartering services or labour for school fees was used world wide.

Under cross-examination by the prosecutor the former Minister of Finance claimed it was perfectly legitimate for the Institute to record a monetary value for the  barter in the receipt book.

He said one student had brought a pig as part payment and the value of the pig had been recorded despite it contradicting the pro-forma words on the receipt.

Dr Eke also claimed  he “knew of under payments and over payments” but “do not know any institutions that were prosecuted for overpayments.”

He said non-government schools were allowed to set their own fee system and that it was acceptable to write a cash receipt because of the value of the bartered item tendered.

He said enrolment figures were manipulated when there were differences between first and second semester.

He said there had been an assumption that audits were being held annually and that money was only released to the Institute after an audit had been made.

However, government officials were very busy and there was a lack of co-ordination, despite calls for improvements in the process in 2016. Staff conducting audits were told to follow earlier Cabinet decisions.

Not telling the truth

As we reported yesterday, Justice Cooper said Dr. Eke provided no proof for his claims and that all his credibility was gone.

“It was obvious he was not desirous of telling the truth.”

Akosita dishonestly employs key witness as her PA; ‘Etuate ‘taught’ her to lie in court ‘on oath’: Judge

By
Kalino Latu
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When convicted Cabinet Minister Akosita Lavulavu was appointed  in October 2019 one of her first moves in office was rewarding one of their key witnesses by giving her an important role in her Ministry of Infrastructure, the Supreme Court has revealed.

Convicted Cabinet Minister Akosita Lavulavu (L), ‘Etuate Lavulavu. Photo/Facebook

Akosita and her convicted husband ‘Etuate Lavulavu were both found guilty for obtaining TOP$558,600 by false pretences.

The conviction included three counts of knowingly dealing with forged documents to defraud the government’s school grant.

They are set to be sentenced on July 2.

Muna Nasiai, 29, who previously worked in the Lavulavus’ school office, was employed as Akosita’s personal assistant (PA).

Justice Nicholas Cooper said Nasilai “deliberately misled” the court by lying that she was a “clerk” in the Ministry for Infrastructure, before it was found out during the trial and on oath she was in fact Akosita’s PA.

“It is a particularly egregious aspect of this case that both defendants have tried to corrupt the trial process by buying off at least one witness,” the judge said.

Taught to lie

The judge said he was no doubt that both ‘Etuate and Nasilai “rehearsed what she was to say in answer to questions put to her by him”.

But ‘Etuate “had made an error in what he taught her so she repeated that same incorrect version” to the judge in court.

Nasilai, along with another witness Simione Tahi, had been described by Mr Cooper as   examples of witnesses determined to lie to the court for the Lavulavu couple.

“Nasilai were plainly instrumental in the dishonest bidding of both defendants in the recruitments; the enrolment lists, and the receipts, she appears to be as culpable as these defendants from what I have seen”, Justice Cooper said.

“I am quite sure she was bought off by Mrs Lavulavu (and her husband) and given a job in the Ministry of Infrastructure where Mrs Lavulavu had become a Minister in October 2019”.

During the seven-week trial, Nasilai also pretended to be ill so that she could not come to court to produce her work contract with the Ministry, after she was ordered by the judge.

“That she was in fact Mrs. Lavulavu’s Personal Assistant means that the court was deliberately misled when she was identified during the trial and on oath, as being a “clerk” in the Ministry for Infrastructure”.

“That deceit strikes at the heart of this case because Miss Nasilai was called as a witness of truth on key issues the defence have gone on to rely on.

“But steps were taken to disguise her association and connection to the first defendant.

Justice Cooper said Nasilai’s lying on behalf of the Lavulavus was clear when she gave her evidence of two government auditors, Miss Golton and Mr Elone.

“This was a mistake that Mr. Lavulavu made in his questioning of her and was perpetuated by Miss Nasilai in her answer when she agreed with this, but went on to say she did not know the names of the people from MET who had come to check.

“Of course, they were really Miss Golton and Mr Elone.

“The corollary of this is that plainly both Mr. Lavulavu and Miss Nasilai had rehearsed what she was to say in answer to questions put to her by him; he had made an error in what he taught her so she repeated that same incorrect version to me in court. No doubt this attempt to assist the defendants by perjuring herself is how and why she was ‘rewarded’ with a job by Mrs Lavulavu”.

Looked uneasy 

Mr Cooper described Nasilai’s reaction in court while she was giving evidence about a meeting in Sopu as “looking very uneasy at this point”.

“She was hardly ever addressing her answers to me and often casting her eyes to the ground when answering. She stated from 2012 to 2016 nothing illegal had happened at UTRI”, Justice Cooper said.

As we reported previously, the Lavulavu couple have been released on bail after their conviction.

The conditions of the bail included requiring the couple to report into the central police station every Monday, Wednesday and Friday and they are prohibited from leaving the mainland Tongatapu .

Former Finance Minister Dr ‘Aisake Eke not telling the truth while giving evidence during Lavulavu fraud trial: Judge

By
Kalino Latu
-

Former Minister of Finance and MP Dr ‘Aisake Eke failed to tell the truth in court when he gave evidence at the trial of the convicted Minister of Infrastructure Akosita Lavulavu and her convicted husband ‘Etuate Lavulavu, a Supreme Court judge said.

Dr ‘Aisake Eke (L), ‘Etuate Lavulavu

The couple, who swindled the government’s school grant out of more than $500,000 left the judge in no doubt that  instead of using the funds to support their Unuaki ‘O Tonga Royal Institute (YTRI) and the teachers, the Lavulavu “used the monies freely for themselves”.

Dr Eke made claims in court in which the judge referred to them in his judgement as the former and the latter.

He said the “Cabinet Decision 1182 dated 22 December 2009 70 , effectively were the rules for processing of TVET grants for Tongan schools”.

Dr Eke claimed  he “knew of under payments and over payments” but “do not know any institutions prosecuted for overpayments”.

“Heard from some service providers there was real financial hardship”.

“If the roll calls higher, then lower and deduct for the 2nd Semester.

“2016 came across Government document calling for the improvement of subsidies but this manual was not approved.

“No guidance manual approved in his time, just the Cabinet Decision 1182

“When the audit came annually, they should follow 1182.  Audit is to check the reality, by talking with the other parties.

“Supposed to audit then release money, but they were very busy. An assumption they did it annually. Problem was lack of coordination”.

Dr Eke also claimed that non government schools were allowed to set their own fee system and that it was acceptable to write a cash receipt because of the value of the bartered item tendered.

When he was under cross-examination by the prosecutor, “he claimed that for example in a receipt book had a student brought a pig by way of payment then recording a sum of money received was a legitimate as it expressed its value, despite and contrary to the proforma words on the receipt. He could not recall if UTRI was one of those colleges facing hardship”.

Not desirous of telling the truth

Mr Cooper said: “Dr. Eke provided no proof as to the former claim and when he made the latter, all his credibility was gone, it then being so obvious he was not desirous of telling the truth”.

Parts of his claims were made after the court was told the grant was used to reimburse ‘Etuate.

The judge rejected this and said “the grant had clearly defined specific purposes and only those uses : 50% to supplement teachers’ salaries, the rest to improve teaching and minor renovations, never was it to be a reimbursement system”.

Mr Cooper described the Lavulavus’ conduct as  “disgraceful” and “goes beyond just criminally reprehensible”

“ This is an example of the worst sort of dishonesty; people who should be working earnestly for constituents but use their position, connections and influence to steal from a fund for the education of children of this Kingdom and then in front of me in court, twist the evidence and lean on witnesses to try extricate themselves”.

The court case had been dubbed the trial of the century.

The fact that it involved two high profile political figures, ‘Etuate’s no stranger to controversy and court, and that the Prime Minister’s repeatedly demonstrated inclination to take no action against Akosita, the conviction has sparked public outrage.

Public outrage

Prime Minister Pōhiva Tu’i’onetoa is being heavily criticized after he repeatedly refused to take immediate action against Akosita. He told Kaniva News last week Akosita will remain in office until an appeal leave is expected after July 2. It will take another 42 days to process that appeal application.

The prime minister has been urged to use his common sense and stop mixing religion and politics as an excuse to do nothing.

Tu’i’onetoa has been slammed as cynical and irresponsible after he appears to support Akosita and failing to show empathy and sensitivity to the taxpayers and overseas donors such as New Zealand and Australia which funded the school grants which have been defrauded by the Lavulavus.

The Prime Minister now is facing another backlash after it has been reported that Akosita was still receiving her full pay from the government since the first day she was in court facing her fraud charges.

Tu’i’onetoa maintained his decision was fair to allow Akosita to go through the court’s due process and if the appeal court upholds the Supreme Court’s decision than he will make his final decision.

But critics lashed out with many saying he was indecisive after previously defending Akosita by hiding behind the principle of innocent until found guilty. When Akosita was convicted he said the constitution clause 23 gave her another chance until her appeal is complete.

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