Home Blog Page 389

Is Labour funding the Mongrel Mob? What you need to know

By
Kaniva Staff
-

By RNZ.co.nz and it’s republished with permission

Explainer – One of National’s current lines of attack against Labour is an accusation that the governing party has funded the Mongrel Mob to the tune of $2.75 million.

FOR WYNTK ONLY: A methamphetamine rehabilitation programme with close ties to the Mongrel Mob has received money from the Proceeds of Crime Fund.
A methamphetamine rehabilitation programme with close ties to the Mongrel Mob has received money from the Proceeds of Crime Fund. Photo: RNZ / Vinay Ranchhod

The money, from the Proceeds of Crime Fund, was signed off by those at the top of Labour, including Prime Minister Jacinda Ardern.

It was for a methamphetamine rehabilitation programme called Kahukura in the central Hawke’s Bay.

But the organisation running the programme has gang connections, some of the property it is held on has gang connections, and some of those taking part do too.

However, that organisation has its aim in its name: Hard to Reach. It’s trying to help “Māori and marginalised communities” and help them to rebuild.

And those applying for that $2.75m had to jump through a lot of hoops before it was approved.

So what’s going on? RNZ is here to clear it all up.

What is Kahukura?

A Ministry of Health (MOH) spokesperson said “Kahukura is a live-in marae-based programme using a mix of Te Ao Māori and western methodologies”.

“It aims to address past trauma and drug-use, instil better coping mechanisms, and prevent relapse.

“It is a 10-week course, consisting of eight weeks of a live-in programme and two weeks of intensive reintegration.

“Participants are then provided with wrap-around support for a six-week period following this.

“Re-engaging with Te Ao Māori and tikanga is a key component, and aims to build identity and resilience.”

There would be up to 10 participants, plus their partners and family, with up to 30 participants on each course (120 people in total per year), for three years, the spokesperson said.

Prime Minister Jacinda Ardern told Morning Report yesterday Kahukura was “based on an existing model and it had been trialled in 2020 and was showing positive results”.

“It’s a marae-based programme that yes, the participants … are gang affiliated participants, who have been involved in meth related crime and activity, who have this meth addiction.

“The programme is designed to try and reduce down criminal activity and meth addiction.”

Jacinda Ardern
Prime Minister Jacinda Ardern Photo: RNZ / Samuel Rillstone

Are there gang members involved?

Ardern said “there are individuals who have had gang related backgrounds are involved in running the programme, that is true, but also it is designed to try and address drug use within gang membership as well [so it is] not unexpected that those with a background would be involved in the programme.

“It’s a marae-based programme that is residential, and the question and the choice we have … is we either accept that we want drug rehabilitation programs to involve those who have criminal backgrounds, or we exclude them.

“My view is if they are involved in crime and victimisation, I want to address meth addiction with those groups. They are perpetuating a problem, if we choose not to do that, then I don’t see how we solve that problem.”

The organisation involved in running the programme – Hard to Reach – is run by co-director Harry Tam, a former Mongrel Mob member.

12072016 Photo: Rebekah Parsons-King. Harry Tam has worked in for the Government in a number of roles, he's also a member of the Mongrel Mob. His reaction to Judith Collins standing down a Black Power member, Ngapari Nui.
Harry Tam. Photo: RNZ / Rebekah Parsons-King

And Stuff has reported “The programme involves participants working on a ‘community garden’ on the property of the president of the gang’s ”Notorious” chapter.

“The garden is on a Waipawa property that is home to Sonny Smith and his wife Mahinaarangi Smith, who is a programme facilitator.”

Stuff described Sonny Smith as “a lifelong Mongrel Mob member”.

How did the funding approval process work and where does the money come from?

The MOH received a proposal from Hard to Reach in late 2020.

Money for the programme comes from the Proceeds of Crime fund.

The fund’s purposes include addressing organised crime and drug-related harm, testing innovative solutions to complex issues relating to crime-related harm, and “enabling agencies to build an evidence-based case of what works in addressing crime-related harm”.

Initiatives supported by the fund must align with one of four criteria set by Cabinet.

While an organisation may make an application for funding, it must be supported by a government department to do so.

A panel then considers the initial proposals for shortlisting, weighing them against a range of factors.

That panel is made up of senior representatives from the Ministry of Justice, Ara Poutama Aotearoa (Department of Corrections), Te Puni Kōkiri, Ministry of Health, Ministry of Education, New Zealand Police, The Treasury, Oranga Tamariki and the Chief Science Advisor.

If an application is shortlisted, it then has to submit a more detailed funding proposal for the Panel to consider.

The panel will then provide recommendations to the prime minister, minister of finance and minister of justice, who determine which proposals should be approved and funded.

In this case, those were Jacinda Ardern, Grant Robertson and Andrew Little.

As has been reported, Ardern has stood by signing off on the funding.

You can read more about the funding process here.

Why was funding approved?

“The Ministry of Health supported the proposal because the initiative filled a gap in service provision. We are committed to reducing the impact of drug-related harm for New Zealand communities,” the spokesperson said.

“To do this effectively, it requires a variety of approaches to support individuals to work through past trauma and drug-use.”

As noted earlier, Ardern said she wanted to address meth addiction for those with criminal connections. “If we choose not to do that, then I don’t see how we solve that problem,” she said.

Funding was provided for a three-year period.

The contract was signed in the last week and funding for the programme will start next week.

How will the programme be measured and monitored?

The programme will be externally evaluated, the MOH says.

“Governance of the initiative includes the Ministry of Health, Hawke’s Bay DHB and iwi and will be overseeing progress, risks and issues.

“There will also be regular reporting as per Ministry of Justice requirements.”

In addition, if an initiative is approved for funding by the Proceeds of Crime Fund, a six-monthly performance report must be provided for transparency and accountability.

This information may be incorporated into a report for the minister of finance and the minister of justice.

What do police say?

Police as a whole have backed the funding.

A statement by assistant commissioner Sandy Venables was quoted by Stuff as saying “Police recognises the need to work with different groups in our communities to develop lasting solutions that will reduce harm…. it is clear that the programme has strong support locally”.

But the Police Association – the union for police officers – has released a statement saying it “totally rejects” the funding, which has “riled a growing number of police officers, particularly those involved in organised crime investigations”.

President Chris Cahill said the association’s criticism was not directed at drug rehabilitation initiatives.

“We know only too well the crisis that exists in this area. Our members are left to cope every single day with people who need assistance and rehabilitation from drug use. New Zealand is so short on rehab resources that it falls to officers to do the caring, often in police cells, which are no place for a person who requires expert medical help.”

What was concerning was the money going to a group so closely linked to the Mongrel Mob, he said.

“It is difficult to understand how those who promote the need for drug rehabilitation seem blind to the dreadful optics of this Mongrel Mob scenario – let alone have faith in this multi-million-dollar scheme to do anything but line the pockets of key gang leaders.”

RNZ contacted Hard to Reach for comment, but a spokesperson declined the request.

FAKAMATALA FAKATONGA NOUNOU

Ko e pa’anga ‘eni ‘e $2.7 miliona ‘oku fakapa’anga ‘aki ‘e he pule’anga Leipa’ ‘a e polokalama fakaakeake mei hano mo’utāmakia ‘e he faito’o konatapu’ ‘oku ‘i he nima ia ‘o ha kautaha kuo ‘i  ai ‘a ‘ene felāve’i mo e kakai ko e kau taki ‘o ha kau keingi hangē ko e Mongrel Mob pea mo e ni’ihi kehe pe. Ka ‘oku fakatonuhia’i ‘eni ia koe’uhī fakatatau ki he palēmia’ Jacinda Ardern he ‘oku fiema’u ‘a e polokalama fakafokifoki ‘o e mo’ui’ ko ‘eni mei he nunu’a ‘o e faito’o tapu’ ni ke kau mai ki ai ‘a kinautolu ‘oku ‘i ai hanau puipuitu’a faihia. ‘A ia ko e tāketi’ ‘oku fai ki he kakai ‘oku fihia he hia ko ‘eni pea ko e ‘uhinga’ ia.

Nurses’ strikes called off, union taking pay offer to members

By
Kaniva Staff
-

By One News / TVNZ. It’s republished with permission

The Nurses union has called off strike notices and will take an improved pay offer to their members.

1 NEWS
Source: 1 NEWS

Health Minister Andrew Little described it as a “positive move towards settling district health board nurses’ pay claims”.

“It’s encouraging that the discussions between NZNO and DHBs over the nurses’ employment agreement have resulted in a new offer that will go out to nurses, and that the union has lifted strike notices for July 29 and 30.”

Nurses were fighting for a 17 per cent pay increase, having declined a previous offer of 1.38 per cent.

“Nurses have been under-paid for years, largely because it’s a female-dominated profession,” he said.

“Now that DHBs no longer have to spend time preparing to deal with the major disruption a strike would cause we can focus instead on resolving the main issue, which is the nurses’ pay-equity claim.”

Nurses call off planned strikes, will consider better pay offer

Little said separate to pay negotiations, “I have been driving officials hard to put together a comprehensive and principled offer on pay equity and we are a month away from tabling something that means we can address the long-standing historical unfairness that nurses have faced”.

“Settling the pay-equity claim means that for the first time, their work will be recognised and valued as much as comparable professions.”

Earlier this week, New Zealand Nurses Organisation (NZNO) delegate Diane McCulloch told Breakfast medical professionals have been “trampled over the years” and that “enough is enough”.

“Our nurses are so tired, they are so burnt out.”

Today, NZNO lead advocate David Wait said he was “glad negotiations had reached this point after talks broke down earlier in the week”.

“The DHBs had shown a willingness to move on a number of issues important to our members, but did not have an offer ready by close of business on Wednesday, which was the two-week deadline for issuing the strike notice.”

District Health Boards spokesperson Dale Oliff said today their fourth offer to nurses, midwives and healthcare assistants was a “package of measures addressing the issues raised by the NZNO and follows a meeting with the mediator in Wellington”.

“Nurses, midwives and healthcare assistants are an important part of our workforce, and key to delivering to the needs of our communities, this offer acknowledges the value of their role.”

Samoa, Tonga name teams for decisive World Cup qualifier

By
Kaniva Staff
-

By RNZ.co.nz. It’s republished with permission

Samoa and Tonga have finalised their line-ups for tomorrow’s decisive Rugby World Cup qualifying match in Hamilton.

The Manu beat Tonga 42-13 in Auckland last weekend, with the aggregate winner over two legs sealing a spot at the 2023 World Cup in France.

Samoa have named an unchanged forward pack, with Jonathan Taumateine coming in at halfback in place of Auvasa Faleali’i and Ed Fidow promoted from the bench to start on the right wing. That means Tomasi Alosio shifts to his preferred fullback slot in place of Ahsee Tuala.

The ‘Ikale Tahi have made two changes in the tight five, with Siua Maile replacing Sam Moli at hooker and Harrison Mataele in at lock for the injured Zane Kapeli. Former Chiefs number eight Maama Vaipulu will provide cover for the second row and loose forwards off the bench.

In the backs, James Faiva is fit again and starts at first five after being a late scratching from the first test. That forces another reshuffle, with Kalione Hala returned to fullback and Nafi Tu’itavake dropping to the reserves.

Both teams are also in line to cap some more test rugby debutants at FMG Stadium.

Grammar Tech hooker Jay Fonokalafi and North Harbour scrumhalf Aisea Halo have been named on the Tongan bench, while Bay of Plenty wing Losi Filipo is among the reserves for Samoa.

The winner of the two-legged Oceania 1 playoff will join England, Japan and Argentina in Rugby World Cup Pool D. The loser will face the Cook Islands in Auckland next weekend for the right to keep their qualification hopes alive.

Samoa squad:

1.Tietie Tuimauga, 2. Ray Niuia, 3. Michael Alaalatoa (c) , 4. Benjamin Nee-Nee, 5. Samuel Slade, 6. Olajuwon Noa, 7. Alamanda Motuga, 8. Henry Time-Stowers, 9. Jonathan Taumateine, 10. Rodney Iona, 11. Neria Fomai, 12. Henry Taefu, 13. Stacey Ili, 14. Ed Fidow, 15. Tomasi Alosio. Reserves: 16. Seilala Lam, 17. Jonah Aoina, 18. Kalolo Tuiloma, 19. Theo McFarland, 20. Jack Lam, 21. Dwayne Polataivao, 22. D’angelo Leuila, 23. Losi Filipo*.

Tonga squad:

1. Jethro Felemi, 2. Siua Maile, 3. Sila Puafisi, 4. Don Lolo, 5. Harrison Mataele, 6. Sione Tu’ipolotu, 7. Mateaki Kafatolu, 8. Nasi Manu, 9. Sonatane Takulua (c), 10. James Faiva, 11. Hosea Saumaki 12. Nikolai Foliaki, 13.Fine Inisi, 14. Penikolo Latu, 15. Kalione Hala. Reserves: 16. Jay Fonokalafi*, 17. Duke Nginingini, 18. Ben Tameifuna, 19. Maama Vaipulu, 20. Viliami Taulani, 21. Aisea Halo*, 22. Nafi Tu’itavake, 23. Walter Fifita.

*on debut

Fiji reports record 1220 cases in one day – covid death toll now 70

By
Kaniva Staff
-

By Josefa Babitu in Suva

Fiji has recorded 1220 new cases of covid-19 as at 8am today — the highest daily record so far — and five more deaths.

Fiji’s Colonial War Memorial Hospital in Suva … people with severe covid-19 are dying at home or going to a medical facility in the late stages of severe illness. Image: Atu Rasea/The Fiji Times

Health Secretary Dr James Fong said the five people who had died from the virus were all aged over 60 and were not vaccinated.

He said the first death was a 61-year-old woman from Kinoya who died at home after being sick with generalised body pain, weakness, and sore throat for 10 days.

“The second covid-19 death to report is a 62-year-old man from Tacirua. He presented to the CWM Hospital emergency department in severe respiratory distress,” Dr Fong said.

He died in hospital on the same day (July 13). His family reported that he was unwell with fever, cough, and generalised weakness for three days prior,” he said.

“The third covid-19 death to report is a 66-year-old woman from Nabua who died at home on July 13. Her family reported that she was feeling unwell with a cough and shortness of breath for 3 days.

“The fourth covid-19 death to report is a 60-year-old woman from Verata who died at home on July 13.

Fifth death
“The fifth covid-19 death to report is a 78-year-old woman from Nauluvatu village. She was retrieved from home by a medical team and transferred to a healthcare facility. She was noted to be in severe respiratory distress. She died in the healthcare facility on the same day (July 13).”

The total death count has increased from 69 to 74 since yesterday morning, however, there are eight deaths of covid-19 positive patients that are still under investigation to determine if they had died due to the virus or other medical problems.

There are now 11,033 active cases of people who have been infected with covid-19, either at home or in dedicated facilities around Viti Levu.

Fiji has recorded 13,816 cases of the virus during the outbreak that started in April this year.

Dr Fong said people with severe covid-19 were dying at home or going to a medical facility in the late stages of severe illness.

“Severe covid-19 is a medical emergency, and a delay in receiving appropriate medical treatment reduces your chance of recovering from the disease,” he said.

With 213 people reported to have recovered from the virus, the ministry is more concerned that the daily test positivity rate continues on an upward trend.

Positivity rate 18pc
The country’s daily test positivity rate is at 18 percent — more than three times the World Health Organisation (WHO) threshold of five percent.

This means that there is widespread transmission of the virus.

“Based on available testing numbers, the national 7-day daily test average is 3772 tests per day or 4.3 tests per 1000 population. These numbers are expected to increase once all lab testing number data is received,” Dr Fong said.

“As of July 14, 377,090 adults in Fiji have received their first dose of the vaccine and 73,127 have received their second dose.”

Fiji’s covid-19 case count stands at 13,886 since the first case was reported in March 2020, with 2,748 recoveries.

This story by Asia Pacific Report is republished with permission

Shots fired at major Auckland motorway intersection – witnesses

By
Kaniva Staff
-

By RNZ.co.nz. It is republished with permission

A witness has told RNZ a man was shot by police at the intersection of the Great South Road and the south eastern highway.

The scene of the shooting.
The scene of the shooting. Photo: RNZ/Kate Gregan

Other witnesses have said a man stole car in Greenlane, crashed, and there was a “shootout” with the police.

Two people are injured, one seriously after the incident at Penrose in Auckland.

Police are at the incident just off Auckland’s Southern Motorway, where a busy intersection has closed for an investigation.

Witnesses have told RNZ a man stole a BMW car in Greenlane, crashed, and there was a “shootout” with the police.

A man who was driving a work van at the time said he saw a car driving past him, going the wrong way.

He said police told him a man stole a BMW car from Greenlane, crashing at an intersection near a KFC.

He said police told him a woman in a Suzuki Swift was then car-jacked at gunpoint, and the gunman then crashed a short time later in Penrose, where there was a shootout.

The intersection of Great South Road and the south-eastern highway is cordoned off.

At least 10 police cars are at the scene.

St John Ambulance says they were called just before 11am and took the person with serious injuries to Auckland Hospital and another with moderate injuries to Middlemore Hospital.

Auckland Transport initially said it was a crash just after 11am, but then 15 minutes later said it was a police issue at the crash site, and now a police investigation.

Police have been asked for details.

One woman in a business off Great South Road told RNZ she heard a loud bang but dismissed it as a car backfiring. Shortly after she heard a lot of sirens.

More to come…

PM Tu‘i‘onetoa’s claim China influenced his party’s manifesto described as ‘astounding’ and a cause for shame by Democrat supporters

By
Kaniva Staff
-

Claims by Prime Minister Pohiva Tu‘i‘onetoa that the ruling People’s Party was inspired by the Chinese Communist Party have been condemned by Democrat supporters and community leaders.

PM Pōhiva Tu’i’onetoa. Photo/Kalino Lātū

Critics have asked why the government of a democratic, Christian nation, appeared to be embracing communism.

The Prime Minister told a function held to mark the 100th anniversary of the CCP that members of his party had drafted their manifesto after a visit to China.

Matangi Tonga reported him as saying “In our Manifesto we described governance in Tonga as a fish. The government and party are the fish’s head and body, the people are the fish tail. The tail controls the head and the body, as well as maintains the direction of the head,” he said. “The fish theory unifies the whole body in driving forward our work. Practice has proven that when you put your people in your heart, your people will in turn will hold you up.” said the chairman Tu‘i‘onetoa.

“We look forward for further on going technical and economic cooperation. Let us also wish great success in marching toward the second centenary goal in building China into a great, modern socialist country.”

His comment has been heavily criticised on social media with many asking why, when Tonga is advocating for democracy and Christian doctrines, the government is supporting a Chinese doctrine that is anti-Christian and anti-democracy.

Staunch Democrat supporter Ikani Taliai described the Prime Minister’s comments as “astounding.”

“This statement – if the reporting is true-  highlights a staggering confusion and lacking of mental capacity in the Prime Minister,” Taliai said.

“Prime Minister Tui’i’onetoa stated that he and members of the political party visited China in 2019. They returned to Tonga and based the constitution of PAK on the communist political principles of the Chinese communist political structure.

“Here we are in Tonga advocating for and progressing a structure of democracy to protect the human dignity of all Tongans and the head of this government declares that!

“The Deputy Chairman of PAK who is the Prime Minister’s closest advisor has just been convicted, sentenced, and jailed for one of Tonga’s largest fraud crimes.

“Despite this, the Prime Minister appears to still be advocating for his associate’s freedom. Not only is the Prime Minister fighting against the country’s Judicial system, but he has just declared communist tendencies.

“The remaining Cabinet Ministers are silent. One could draw conclusion they are complicit in the Prime Minister’s authoritarianism.”

Tonga established diplomatic relations with the People’s Republic of China in 1998 and since then has become collaborated with the Asian giant in many areas, including agriculture, infrastructure, education, health, tourism, fisheries and Covid-19.

However, it has also become catastrophically indebted to China and now owes US$115 million.

The late Prime Minister ‘Akilisi Pohiva, who came to power after most of the debt was accumulated,  warned that China might seize strategic assets in Tonga or demand other forms of compensation if it could not repay its debts.

In one of his last acts before he died, Pohiva tried unsuccessfully to persuade other Pacific nations to stand up to China over their debts.

In 2019 the then United States ambassador to Australia, Arthur Culvahouse Jr., called China’s lending in the Pacific “payday loan diplomacy.”

“The money looks attractive and easy upfront, but you better read the fine print,” he told The Diplomat.

However, China’s ambassador to Tonga at the time, Wang Baodong, said China was the only country willing to help Tonga financially.

Graeme Smith, a specialist in Chinese investment in the Pacific, said Tonga’s financial mismanagement was as much to blame for its financial position.

China’s continued crackdown on Christians in that country has long been a cause of concern in the west. Earlier this year Chinese authorities arrested a Vatican-appointed Catholic bishop, his seven priests and 10 seminarians.

Protestant churches, including so-called house churches, have also come under attack and there have been concerted campaigns against Buddhists in Tibet and Muslims in Xinjiang province.

The Chinese government has attacked democracy several times in the past, calling it divisive and comparing it unfavourably with what is describes as the smooth co-operative political system in China.

Reuters reported that when President Jinping took office in 2014, many Chinese hoped for political reform, but he soon implemented a crackdown on civil society, jailing human rights lawyers and activists who authorities regard as threat to national security and social stability.

Lawyer Nalesoni Tupou in New Zealand said the Prime Minister’s comments were “very sad.”

He said it brought shame on the efforts of people of the past in Tongan history.

FAKAMATALA FAKATONGA

Kuo fakahā ‘e he Palēmia ‘o e fonua’ na’e fakalotoa ‘e he’ene paati pule’ ‘a ia ‘oku ‘iloa ko e Tonga’s People Party ‘ehe Paati Kominiusi ‘a Siaina’. Na’a’ ne pehē ne ‘i ai e ni’ihi mā’olunga ‘i he’ene pāti’ ne nau ‘i Siaina ‘i he 2019 ‘o ako ‘i ha’anau tua ne fai pea ‘i he’enau foki mai pe ko ia’ ‘o fa’u e tohi ke ne tataki ‘a e PAK pe manifesto  ‘aki e me’a ne nau ma’u mei he Paati Kominiusi ‘a Siaina’. Ko e me’a eni ‘a Pōhiva Tu’i’onetoa ‘i Nuku’alofa lolotonga hono faka’ilonga’i ‘o e ta’u 100 ‘a hono pule’i ‘e he Paati Kominiusi’ ‘a Siaina’ hili ‘enau liukava ‘i he 1921. Na’a’ ne pehē ‘oku ‘i ai e fakana’una’u ‘a hono pule’anga’ ki ha ngaahi tokoni faka’ekonōmika mo fakasōsiale ki Tonga ma’a Siaina.  Ka kuo fakaanga’i ‘eni ‘e he kau tui Temokalati ‘i Tonga mo ha kau taki komiuniti ‘o makatu’unga he ‘oku fepaki mamahi ‘a e kominiusi mo e lotu Kalisitiane’ mo e tui fakatemokalati kuo tali ‘e he Fale ‘O e Tu’i’ mo e kakai ‘o e fonua’ ke hoko ko ha lotu ia mo ha sisitemi ke fakalele’aki ‘a e pule’anga Tonga’. Ko Siaina ‘oku kei hokohoko atu ‘enau faka’auha ‘a e ngaahi fale lotu Kalisitiane’, puke ‘a e kau taki mo e kau muimui lotu Kalisitiane’ ‘o e fakahū mo fakapoongi he ‘oku ‘ikai ke nau tui ko ha fa’ahinga lotu lelei ia.

Woman who murdered granddaughter given harsher sentence on appeal

By
Kaniva Staff
-

By RNZ.co.nz and is republished with permission

A woman who murdered her teenage granddaughter has been given a harsher prison sentence on appeal.

1 NEWS
Lorraine Smith in the High Court in Wellington. Source: rnz.co.nz

Lorraine Smith, 61, pleaded guilty to strangling 13-year-old Kalis Smith to death in the sleepout at her Whanganui home in 2019.

At her sentencing, in the High Court at Wellington, Justice Cook said Smith was a devoted grandmother, but she was suffering carer-burnout, looking after her three grandchildren and dealing with her own mental health problems.

“I accept that Ms Smith was suffering from severe emotional, physical and mental exhaustion in the months leading up to the offending. Her mental health had continued to deteriorate and she presented with symptoms of a moderately severe recurrent major depressive disorder,” he said.

“She was overcome with remorse in interviews and suffers from profound grief and guilt for the circumstances of her granddaughter’s death.”

Smith avoided a term of life imprisonment and was instead jailed for 12 years, with a minimum non-parole period of six years.

But the Court of Appeal quashed that.

It said when it looked at the circumstances of Kalis’ death, and her vulnerability, a life sentence was not manifestly unjust.

“We do not underestimate the significance of Kalis’s vulnerability, and that Ms Smith deliberately set out to kill her granddaughter in a distressing manner. Ms Smith’s offending involved a gross breach of trust,” the judgment said.

“We believe, however, that Ms Smith’s personal circumstances must be recognised with a compassionate response.”

The Court of Appeal sentenced her to life imprisonment with a minimum non-parole period of 10 years – the least restrictive sentence it could impose.

Speaker Lord Fakafanua says Akosita has finally resigned, but financial details still unclear

By
Kalino Latu
-

Jailed fraudster Akosita Lavulavu has finally resigned as Minister for Infrastructure and Tourism, Prime Minister Pōhiva Tu’i’onetoa told Parliament today.

Hon ‘Akosita Lavulavu

However, the Speaker, Lord Fakafanua, said he has not yet received any formal letter of resignation.

Parliament was awaiting a response from the government today to confirm queries from MPs and media about Akosita’s pay and entitlements.

The Speaker said they relied on information from the Minister of Finance this morning telling the House he had used his power under the Finance Acts and ordered her CEO to stop Akosita’s payment.

The details of the block on her pay and what entitlements she will still receive have not been made public.

“The answer from the government says the minister has resigned from Cabinet,” Lord Fakafanua told the House.

He said he was told a letter of resignation had been handed to Privy Council.

Lord Fakafanua said the House could only act after receiving written documents.

Akosita’s status as a former MP and Cabinet Minister would be confirmed when letters of resignation arrived at the Chief Clerk’s office, Lord Fakafanua said.

The revelation came after the Prime Minister refused to give a clear response to questions in Parliament last Thursday 8.

The Tongatapu 1 MP Siaosi Pōhiva asked the Prime Minister whether Akosita was still receiving her pay and entitlements.

Instead of replying yes or no Tu’i’onetoa again gave conflicting information about her situation.

He said in Tongan: “The government’s policy is if I am on leave I will be paid earned leave when that is being exhausted than I could be on leave without pay. There was no difference and I thought you already understood that.” Akosita was placed on leave on June 17 after she was convicted by the Supreme Court.

However, the Prime Minister repeatedly referred to Clause 23 of the Constitution which he used it to justify his refusal to take action against Akosita.

Because Akosita appealed her sentencing, Clause 23 allowed her to remain as Cabinet Minister until her appeal is heard, either in September 2021 or March 2022.

This meant Akosita would still have been a Cabinet Minister while she was in jail, would still have received her full pay and been able to control her two portfolios.

Resignation

It is understood the decision for Akosita to tender her resignation was made after her bid for bail was rejected on Friday last week.

A Member of Parliament told Kaniva News he believed her resignation was caused by pressure from the public and the media.

The former Cabinet Minister has been sentenced to six years in  prison.

However, the Supreme Court suspended the last 12 months of her sentence  for two years on condition that she comply with the probation officer, satisfactorily complete a life skills course and commit no offence punishable by imprisonment.

Her husband, who has a long record of  court appearances and convictions, will serve the full six years.

Both defendants were convicted on three counts of obtaining money by false pretences.

They were found guilty of fraudulently obtaining money from the Ministry of Education and Training by lying in applications for money from the Technical Vocational Educational Training Grant about the number of students enrolled at their private college, the ‘Unuaki ‘o Tonga Royal Institute.

Mr Justice Cooper, presiding, said, he utterly rejected their claims that the money was used for the Institute.

Reputation

Meanwhile, Radio Australia has reported there is concern that the Lavulavu case could damage Tonga’s international reputation.

The international broadcaster quoted Tevita Motulalo, a senior researcher at Tongan think-tank, the Royal Oceania Institute saying the case could make discussions with the kingdom’s development partners awkward.

“Australia’s been very generous, these are hard-earned taxes from the people of Australia and to abuse it like that this is beyond description,” he said.

“It does affect our reputation and trustworthiness.”

FAKAMATALA FAKATONGA NOUNOU

Kuo fakafisi ‘a Akosita Lavulavu mei hono lakanga minisitaa’ neongo kuo te’eki ai fakahū ha tatau ‘ene tohi fakafisi ki Fale Alea he ‘aho’ ni. Ka kuo fakahā pe ‘e he palēmia’ kuo’ ne fakafisi. Na’e fakahā ‘e he Sea Fale Alea’ Looti Fakafanua ‘oku te’eki ai foki ke ne ma’u ha tohi fakafisi ‘a Akosita ‘i hono lakanga fakafofonga Fale Alea’. Kuo ‘i ai  mo hono fakahā kuo ta’ofi ‘a ‘ene vahe’ ka ‘oku te’eki tuku mai ha fakamatala fakapepa ki he mītia’ mo Fale Alea foki ke ne fakamahino papau  ‘a e fakaikiiki ki ai’. Ko e me’a ‘oku mahino’ ko e ngaahi nga’unu kotoa ‘eni ne toki fai ia hili ‘a e ‘ikai tali ‘ene tangi ke peila’ he Falaite uike kuo ‘osi’. Na’e talanga’i e vahe ‘a Akosita’ ‘i Fale Alea ‘i he uike kuo ‘osi’ Tu’apulelulu ‘aho 8 na’e ‘ikai pe ha tali mahino ia ‘a e palēmia’ ‘io pe ‘ikai ki hono fehu’i atu pe ‘oku kei vahe pee’. Na’a ne tali’aki ‘e ia ‘a hono fakamatala’i ‘o e founga livi ‘a e pule’anga’ ‘o pehē ‘oku ‘i ai ‘a e livi kae vahe pea ka ‘osi ia pea ‘e hoko atu ki he livi ‘ikai vahe. ‘I he’ene tali ko ‘eni he uike kuo ‘osi’ ne ne toutou ‘ohake pe ai ‘a e kupu 23 ‘a ia ne ne toutou pehē ki mu’a ‘oku makatu’unga ai ‘a e ‘ikai ke ne lava fai ha me’a ‘e taha kia Akosita kae ‘oua leva ke ‘osi ‘ene tangi’. ‘O ‘uhinga ia ‘e kei ma’u kakato pe ‘ene vahe pea kei minisitā pe ia mei Hu’atolitoli. Mei he uike kuo ‘osi’ pe ki he ‘aho ni Mōnite 12 kuo’ ne fakahā kuo fakafisi ‘a Akosita.

OPINION: Time to revise Clause 23 to prevent further embarrassment and ensure convicted MPs are removed from Parliament and kept out of office

By
Kalino Latu
-

OPINION In the wake of the imprisonment of the fraudster Lavulavu couple, the debate about Prime Minister Pōhiva Tu’i’onetoa’s justification for keeping ’Akosita Lavulavu  in Cabinet has come under closer scrutiny.

‘Akosita Lavulavu

The Prime Minister has cited Clause 23 as a reason for doing nothing, but the Clause reflects either questionable intentions or clumsy thinking by lawmakers at a time when some Nobles were accused of breaking the country’s firearms laws.

It also brings to light the fact that lawmakers disregarded the fact that the law had opened an opportunity for government leaders, especially the Speaker of Parliament and the Prime Minister to make their own interpretation or be given advice that might lead to injustice and favouritism.

It also mirrors the fact that the clause acts as a shelter for government representatives who committed serious offence which incurred prison sentences of no more than two years.

In my view any person who is convicted and sentenced by court should not be trusted and given an office in the government.

The best examples of the disgrace brought by Clause 23 were the dismissal of Finance Minister Lisiate ‘Ākolo in 2014, the refusal by the Prime Minister to sack Infrastructure Minister Akosita Lavulavu after she was jailed for five years last week, and a court decision to fine the Ha’apai governor Viliami Manuopangai Hingano for breaking the fisheries Act last year. He is still the governor of Ha’apai.

Governor Viliami Manuopangai Hingano

‘Ākolo’s dismissal

‘Ākolo was forced to resign after former Prime Minister Lord Tu’ivakanō accused him of being uncooperative and reluctant to implement a five percent salary rise for civil servants.

‘Ākolo denied the accusation and said he had been trying to figure out where to get the TOP$5 million needed for the pay rise

There were also reports at the time which claimed Lord Tu’ivakanō was not happy with ‘Ākolo after he queried him about his wife Robyn Kaho’s travel allowances.

Akosita, a jailed Cabinet Minister

Akosita was sent to jail on Friday after her bid for bail was denied. She was convicted and sentenced to five years imprisonment after she and her husband ‘Etuate Lavulavu were found guilty of plundering more than half a million pa’anga from the government school grant scheme.

Prime Minister Tu’i’onetoa has refused to take action against her, citing Clause 23 of the Constitution. He also said he could not do anything against Akosita because he feared she might take him and the government to court under the provisions of the same clause.

His response came after media asked him to clarify whether the disgraced Cabinet Minister was still being paid in full while she was in court and whether she was still getting full pay and receiving all her entitlements after she was convicted and sentenced.

Former Minister of Finance Lisiate Akolo

Tu’i’onetoa replied and told Parliament that if what he had done was not in line with Clause 23, he would be happy if somebody took him to court.

Ha’apai governor fined

The Governor of Ha’apai, Viliami Manuopangai Hingano was fined TP$12,500 for unlawful possession of 198kg of turtle meat.

A Supreme Court judge said the accused tried to hide the fact that he was a party to the proposed commercial sale of the uncertified meat of the endangered species.

Prime Minister Tu’i’onetoa, who has the prerogative to dismiss the governor, told the media he would not sack Hingano because his sentencing was not more than two-year imprisonment and, according to Clause 23 ,he was still entitled to the governorship.

Clause 23 is beyond embarrassing

It is totally wrong to use taxpayers’ money to pay someone who had been proved guilty of defrauding the government’s money or breaking the law.

The only proper course of action is for the Prime Minister to ask for their resignation. If they appeal their sentence and are successful, they can be restored to their government position and their entitlements and allowances paid back.

Looking at ‘Ākolo, Hingano and Akosita’s cases, it is a shame to see that ‘Ākolo, who appears to have not broken any law had no right under the Constitution to fight for his right to keep his Ministerial position while Akosita and Hingano who committed serious crimes were effectively rewarded by clause 23.

‘Ākolo was harshly treated and despite giving clear clarification on media about why he thought Lord Tu’ivakanō was wrong, he was dismissed. At the same time Akosita has a knight in shining amour in the shape of the Prime Minister, who seems to be doing his best to keep her safe from all pressures for her to resign.

It was embarrassing to see a jailed fraudster was still being regarded as a Cabinet Minister and is still being paid by the government.

It was also embarrassing to see that the person whose only constitutional duty was to make sure the people of Ha’apai islands obeyed the law, broke the law himself. The situation discredited the government and the governorship.

Clause 55 of the constitution clearly lays out the sole duty of the governor.

It said: “It shall not be lawful for a Governor to enact any law but he shall be responsible that the law is enforced in his district”.

Revising Clause 23

I believe that at the time of the re-enactment, the Noble MPs and the noble-led government had serious concerns about how their entitlements could have been affected by the new and revised laws.

It might be justifiably questioned whether this influenced what happened to Clause 23. Some might argue that the revision led to today’s situation.

The enactment of the revised Clause 23 came in 2013, a year after Lord Lasike was removed as Speaker and member of Parliament after he was convicted of possessing ammunition without a licence. The Appeals Court overturned his sentence. He then secured his title, his salary as a noble of the realm, his land entitlements, but not his parliamentary chairmanship.

The revised clause came into effect three years after Lord Tu’iha’ateiho was fined after possession of an illegal firearm. In December 2010 Lord Tu’ilakepa was charged and later convicted on various counts of illegal firearms and ammunition possession.

The noble-led government first attempted in 2011 to reduce penalties for possession of firearms offences from nearly $US3000 to just over $US500 and the term of imprisonment from five years to one year, but the Late King George Tupou V blocked the move in 2012.

Clause 23 must be fixed

Clause 23 should be fixed immediately. I would suggest it either be modified to avoid the apparent contradiction with Clause 51 (3) (a), which allows the Prime Minister the prerogative to sack a cabinet minister, or remove the 2013 revision and add new text to allow a government representative who is sentenced but successfully appeals their conviction to be restored to their government posts and receive their previous salary and entitlements.   It should also be revised to make sure that when a government representative is convicted they should be removed from their position and permanently barred from future appointments.

Clause 23 currently says: “No person having been convicted of a criminal offence and sentenced to imprisonment for more than two years, shall hold any office under the Government whether of emolument or honour nor shall he be qualified to vote for nor to be elected a representative of the Legislative Assembly unless he has received from the King a pardon together with a declaration that he is freed from the disabilities to which he would otherwise be subject under the provisions of this clause.

Provided that the operation of this clause shall be suspended in any case until the expiration of 42 days after the date of the conviction; and in cases where notice of appeal or leave to appeal is given within 42 days after the date of conviction, until the determination of the appeal; and if the conviction is quashed on appeal or the sentence reduced to no more than 2 years imprisonment then this clause shall not have effect”.

FAKAMATALA FAKATONGA

Kuo hoko ‘a ‘etau konisitūtone’ ko hotau fakamā’anga pea kuo taau ke fakalele’i ‘a e kupu 23 ne toki fakalahi he 2013 ke fakapapau’i ‘e to’o ‘osi ‘aupito ‘oua na’a toe ‘oange ha lakanga minisitā ki ha taha kuo fakahalaia’i he fakamaau’anga’ tatau ai pē.  Ko e ngaahi lakanga pelepelengesi taha ‘eni ‘o e fonua’ pea ‘oku taau ke ‘oua na’a lave ai ha taha kuo fakamo’oni’i fakalao kuo faihia. Ke fakanounou ‘a e talanoa’ ni ‘i hono ‘oatu ‘i he lea fakaTonga’ ‘oku peheni. Kapau te tau sio ki he keisi lalahi e tolu ko ‘eni. Ko hono kapusi ‘o Lisiate ‘Ākolo ko e minisitā pa’anga ‘o e 2014 tu’unga he pehē na’e ‘ikai ke ne fie fakahoko e tu’utu’uni ‘a e Kapineti’ ke fakalahi pēseti ‘e 5 e vāhenga ‘o e kau ngāue fakapule’anga’, fakahalaia’i ‘a e minisitā ko Akosita Lavulavu ki hono ma’u ta’etotonu ha pa’anga ‘ova he vaeua miliona’ pea mo  e kōvana Ha’apai ko Viliami Hingano ko hono ma’u mo e kakano’i fonu lahi ta’efakalao. Ko ’Ākolo ne ‘ikai ke ne maumau’i ‘e ia ha lao pe konisitūtone pe fakahalaia’i ia ‘i he fakamaau’anga’. ‘Osi ange ‘ikai ha kupu ia he konisitūtone ke ne kumi ai ‘ene tonuhia’ ‘o iku ai ki hono tuli ia mei he kapineti. Taimi tatau, faihia pea fakahalaia’i ‘a e ongo ua ia ko ē, Akosita mo Hingano  pea haofaki’i kinaua ia ‘e he kupu 23 ‘o e konisitutone’, ‘o ‘atā ai ‘a Akosita ke kei vahe pē hili hono fakahalaia’i’ a’u ki he’ene hū ki Hu’atolitoli ‘o kamata ngāue pōpula ai tu’unga pe hono ngāue’aki ‘e he palēmia’ ‘a e kupu 23 ‘a ia ‘oku faka’atā ai ke ne kei ma’u pe hono tu’unga minisitaa’ mo vahe kae ‘oua leva kuo ‘osi ha ‘aho 42 pea mo mahino ‘ene tangi’. Fakapale’i e ongo faihia’ ia kae tautea’i e minisitā ia ne ‘ikai ha’ane hia’. ‘Oku fakamā fau foki ke tau vakai atu ki ha tokotaha kuo ngāue pōpula pe mo kei vahe mo lau ‘oku kei minisitā pe ia he pule’anga ‘o ‘Ene ‘Afio’. ‘Oku toe fakamā foki ke kei kōvana ‘a Hingano hili ko ia ko hono fatongia’ ‘oku taha pe pea ‘oku  tuhu’i mai ‘e he kupu 55 ‘o e konisitūtone’. ‘A ia ko e pau ke ne fakamamafa’i ki hono kakai Ha’apai ‘a e pau ke nau tauhi ‘a e lao’. Pe ‘e fakatonuhia’i fēfē ha’ane fakahinohino e kakai’ ke muimui ki he lao kuo ne toe maumau’i pe  ia ‘e ia’. ‘Oku totonu foki ke fakatokanga’i ko hono fakalahi ko ‘eni ‘o e kupu 23 ne fai ia ‘i he fo’i vaa’i taimi ne lahi lahi ai hono puke ‘o fakahū e kau nōpele ‘a ‘Ene ‘Afioo’ ‘i hono maumau’i ‘a e lao ki he me’atau’ mo e mahafu’. Ko Looti Tu’ilakepa mo e Tu’iha’ateiho’ kae pehē kia Looti Lasike ne puke kinautolu ‘i he 2010 ko e ma’u mo e mahafu ta’elaiseni. Ne iku ‘o mo’ua totongi pa’anga ‘a Tu’ilakepa mo Tu’iha’ateiho kae tangi ‘a Lasike pea tali ‘e he Fakamaau’anga Tangi’ ‘ene tangi’’o hao ai ia ‘i hono tautea’.  Ne toe feinga foki ‘a e kau nōpele mo e pule’anga ne taki ‘e ha nōpele’ he ‘aho ko ia’ ke liliu e konisitūtone’ ke holoki e tautea ‘o ha taha ma’u mo ha mahafu ta’elaiseni ka ne ‘ikai tali ia ‘i he 2012 ‘e Kingi Siaosi Tupou V. Kaekehe, ‘e lava ke fakatonuhia’i ‘i he me’a ne hoko ko ia’ hano fehu’i pe na’e uesia nai ‘a e fokotu’utu’u ‘a hono toe fakalahi ‘o e kupu 23  he ‘aho ko ia ‘e ha feinga ke malu’i mo ha manavasi’i ‘a e houe’iki’ ki hano uesia ‘a ‘enau totonu fakalao he ngaahi puta faka’ilo mai ko ia’. Kuo taimi ke fakalele’i foki ‘a e kupu 23 ke ta’ofi ‘ene fakaava ‘a e faingamalie ke fai ai ‘e he ‘Eiki Sea ‘o e Fale Alea’ mo e ‘Eiki Palēmia’ ha’ana fa’ahinga faka’uhinga pe ma’u ha fale’i ‘e ala fakatonulea’i kuo aafe ki he ta’efakamaau totonu mo filifilimānako ‘o hangē ko e me’a tonu kuo hoko’.

‘I am the father’ says emotional dad as he speaks during prayer vigil held in Auckland for man killed in car crash in Tonga

By
Kalino Latu
-

Family, kāinga and friends gathered in south Auckland to mourn the death of a 20-year-old man who was killed in a car crash in Tonga.

Sione Uilifi Jr Lapu’aho, the victim. Photo/Facebook

The afternoon prayer vigil was for Sione Uikilifi Jr Lapu’aho of Vaini who was the passenger in a car which crashed into a power pole at Malapo near Hu’atolitoli Prison last Sunday July 4.

The driver, a 25-year-old man from Vaini has been charged with reckless driving causing death.

Police said initial indications are that speeding and alcohol were factors in this fatality. Police also found what appears to be methamphetamine on the driver.

The Papatoetoe gathering for the family in New Zealand was to allow the kāinga and friends to share their sweet memories of the deceased, a notice said on Facebook.

The victim’s father Sione Uikilifi Lapu’aho snr. Photo/Screenshot

The victim’s father, Sione Senior, is currently in New Zealand and he attended today’s prayer vigil which was livestreamed on Facebook.

Sione Snr was emotional and said he never punished his son.

He told mourners he wanted to send his love to him.

“Most of you here have already known that I am the father of this boy,” he said.

He said he was the only son and eldest in his siblings.

1...388389390...974Page 389 of 974