AUCKLAND, NZ The Supreme Court has dismissed the legal challenges made by convicted killers Mesui Tufui and Fisilau Tapaevalu after being found guilty of murdering an Auckland-based Tongan man.
Epalahame Tu’uheava, was found lying dead beside his seriously injured wife Mele Yolanda Tu’uheava. Photo/Facebook
In their decision this month March 18, three judges agree that no substantial miscarriage of justice has occurred and agree with the Court of Appeal’s decision, and the decisions by a judge in the High Court that two Tongan cousins Tufui and Tapaevalu were found guilty of the killing of ‘Epalahame Tu’uheava and the attempted murder of his wife, Yolanda.
Tufui can seek parole after 19 years, Tapaevalu after 17 years.
The latest court decision came after Tufui appealed his conviction and Fisilau Tapaevalu appealed his sentence early last year at the Court of Appeal after their sentencing at the High Court in August 2019.
Both appeals were dismissed in November last year.
‘Epalahame and his wife were shot multiple times in the head on a Mangere street in the early morning of 1 May 2018.
Yolanda survived after playing dead. She told the court in June 2018 the pair lived in Australia for around three years, until 2017.
She said during that time, her husband developed a close association to the leader of the Nomads gang.
When they returned to New Zealand for financial reasons, she told the court Epalahame started to take notice of the Comancheros.
“He admired them,” she said.
This month in March 18, in a decision delivered by Justices William Young, O’Regan and Ellen France, the Supreme Court ruled it was satisfied that nothing in Tapaevalu’s case, “gives rise to an appearance of a miscarriage of justice in the Court of Appeal’s assessment of the factual circumstances and the relative culpabilities.”
“The argument raised does not suggest such a possibility in this case,” the judges said.
“The criteria for leave to appeal are accordingly not met. The application for leave to appeal is dismissed”.
In Tufui’s case, the judges said “we accept the submission for the respondent that considering the issue in terms of trial fairness would not change the required analysis in this case from that adopted by the Court of Appeal”.
“The application for leave to appeal is accordingly dismissed.
Tufui sought leave to appeal based on claims “that he should have been permitted to put to Mrs Tu’uheava the arrest photographs of Mr Tapaevalu”.
He claimed these photos have “better quality than the image in the photograph montage she had been shown.”
He said that “the inability to put this evidence to the witness, which the Court of Appeal accepted was an error, resulted in a miscarriage of justice because there was a reasonable possibility that a different verdict would have been returned”.
Tapaevalu argued that “there is a public interest in considering the approach to sentencing for those in the role of a secondary party”.
He also argued that the “imposition of a 17-year minimum term of imprisonment was manifestly excessive given the features of his offending, including the finding that the murder was not premeditated; his role as a secondary party (as the driver, and not in a leading or organisational role); the fact he did not have a gun; and the fact he did not participate in the physical act of shooting”.
This story by RNZ.co.nz is republished with permission
Tonga’s head of prisons is hopeful a severe overcrowding problem will be resolved soon.
Hu’atolitoli, on Tongatapu, is badly overcrowded with the Prison Commissioner Semisi Tapueluelu, saying cells built for one were now housing up to four inmates.
Tapueluelu said there were 51 cells, which should each hold one person each, however he said sometimes the prison roster was as high as 180.
There were also inmates with psychiatric issues in Hu’atolitoli because the main clinic at Vaiola Hospital was sending erratic and hard to control patients to the jail.
The commissioner said there were a number of reasons for the growing prison population.
He said this included people who’d committed drug offences, juveniles and those jailed for breaking Covid-19 detention rules, while the number of psychiatric patients was also up.
Tapueluelu said these patients were simply provided with accommodation – there was no medical care available to them.
But he recently invited government ministers to tour the prison and he said there was now the political will to ensure changes were made.
Tapueluelu wouldn’t be drawn on what changes might be made, but he felt the MPs understood the issue and the needed to do something about it.
The man who headed up the psychiatric facility at the Vaiola hospital, Dr Mapa Puloka, said the key issue for him was that there was some facility at the prison that could house female psychiatric patients separately, so they were not just included in with other prisoners.
He also confirmed reports that the explosion in drug use in Tonga in recent years had led to more psychiatric cases.
An undercover sting in Maui, Hawai’i focusing on those who seek to have sex with children has resulted in seven arrests — including a Tongan man identified as Finehafo’ou Hafoka, 26, of Kahului.
The seven suspects were arrested and charged under the sting operation. (Top row from left to right: Ulep, Oluwatimilehin, Irvine, Mann) (Source: Maui Police Department)
The suspects were arrested on Friday and Sunday and charged with first-degree electronic enticement of a child, the Hawai’i News Now reported.
“Several suspects also face a charge of promoting pornography or electronic indecency.
Police said the accused allegedly talked online to individuals they believed were underage minors,” it said.
They then took “substantial steps” to meet the underage person for sex, the paper quoted Police as saying.
“Instead, the alleged offenders were met with law enforcement officers.
Bail for each of the suspects has been set at $150,000.
“The online sexual exploitation of young children and teenagers alike in our community is happening and is a real threat,” Maui Police said in a news release..
“The offenders come from all different walks of life and all different backgrounds.
“The only commonality is the lasting emotional and physical damage that they do to our children,”
“All cases have been turned over to the county’s prosecuting attorney for review.
Operation Keiki Shield is led by the state Attorney General, Internet Crimes Against Children task force, and involves the work of local and state enforcement officers.”
This story by RNZ.co.nz is republished with permission
Former All Black Charles Piutau will not be available to play for Tonga in the final Olympic Sevens Qualifier in Monaco.
Former All Black Charles Piutau is among a host of Pacific Island rugby stars playing for Bristol. Photo: PHOTOSPORT
Players with eligibility for more than one country can switch their international allegiance by participating in Olympic qualifying events provided they had a passport for the second country and complete a stand down period of three years.
Piutau played the last of his 17 tests for the All Blacks in 2015 and previously stated he would love to represent his Tongan heritage.
The Olympic Sevens Qualifier had been earmarked as a chance for the 29 year old to complete his switch from New Zealand to Tonga, alongside another ex All Black, Malakai Fekitoa.
But new Tonga Rugby CEO Peter Harding said that was unlikely, as the tournament clashed with the semi finals of the English Premiership on 19-20 June.
“As far as us getting Charles or Malakai or those guys, the only way we can do that is if they take a massive chance with their contracts which, let’s face it, that’s a risk,” he said.
“Whether they’re willing to take that risk it’s going to be up to them but it’s a big risk for them. I don’t know how many of those people we will get across – I don’t think we’ll get very many at all.”
Peter Harding, new CEO of Tonga Rugby Union Photo: World Rugby
Piutau is a key figure in the Bristol Bears side which currently tops the English standings seven rounds out from the playoffs, where the former Tonga Under 20s international plays alongside his older brother Siale, who captained the ‘Ikale Tahi at the 2019 Rugby World Cup.
Bristol coach Pat Lam has previously indicated his support for players being able to switch allegiance to represent their Pacific Island heritage, telling RNZ’s Champions of the Pacific programme that Piutau and Steven Luatua “could be a massive asset” to Tonga and Samoa.
But a spokesperson for the club confirmed that if the Bears make the playoffs in June “those boys will be playing for (the) Bears”.
Charles Piutau last played for the All Blacks in 2015. Photo: Photosport
Tonga was not a core side on the World Sevens Series circuit and if Piutau did not feature in Monaco the next time he would be able to switch his international allegience would be at the Oceania Sevens Championship in 2023, by which time he would be 32 and would miss out on representing the ‘Ikale Tahi at the 2023 World Cup.
Peter Harding was philosophical.
“If it was on a different weekend we wouldn’t have any trouble getting these guys across but realistically it’s not on a different weekend, it’s on a weekend where they most likely can’t come so that’s life,” he said.
“These people have private contracts with clubs, whether we’re playing or whether it’s the Olympic qualifier, and they have to look after their contracts and their family and if they do come sometimes they have to make decisions they would prefer not to be making but they have to make the right decision for their family and their future, it’s very difficult for them.”
There was still hope that Malakai Fekitoa would be able to play in Monaco. The Ha’apai-born midfielder was part of a Wasps team that were ninth and seemingly out of contention for the playoffs, which would allow the 28 year old to link up with the Tongan squad following the completion of the regular season.
Wasps centre Malakai Fekitoa last played for the All Blacks in 2017. Photo: AFP
Peter Harding hinted there were some other players also on Tonga’s radar to play in Monaco and praised the job that coach Tevita Tu’ifua and manager Richard Weightmann had done with the men’s sevens programme over the last two and a half years.
“Let’s make no bones about it, they’re obviously very good at their jobs and they’ve done a fantastic job under a fair bit of pressure, mind you,” he said.
“They’ve pulled a great programme together there and one thing I did do while I wasn’t involved was to talk the board into fully supporting them last year, while things were a little bit ropey and while they were deciding things, because their programme is of great value to Tonga Rugby.”
The Minister of Infrastructure ‘Akosita Lavulavu and her disgraced husband ‘Etuate Lavulavu, once again had their case adjourned when they appeared at the Magistrate court this morning March 29.
Minister of Infrastructure ‘Akosita Lavulavu and husband ‘Etuate Lavulavu. Photo/Akosita Lavulavu (Facebook)
The Leader of the Opposition Party Semisi Sika, who was one of the witnesses in the case claimed they were told the Magistrate was unable to attend the session due to an illness.
The last time it was postponed was March 18 after the Lavulavus failed to turn up because they were in Vava’u.
Sika said the trial would resume this Thursday April 1.
On April 12 the couple are expected to appear at the Supreme Court to face another separate fraud trial.
In that case, ‘Etuate and Akosita will jointly stand trial on three counts of obtaining money by false pretences and three counts of knowingly dealing with forged documents.
The charges arise from an investigation of the finances of the ‘Unuaki ‘O Tonga Royal Institute, a private education provider.
Akosita was the director and ‘Etuate was the president.
Their case this Thursday arises from a dispute after their landlord in Vava’u vehemently denied writing and signing a letter which was submitted to the Ministry of Lands and Survey telling them he agreed to allow ousted Cabinet Minister ‘Etuate to quarry rocks on his land.
The letter was believed to be written by the Lavulavus.
Sione Tunufa’i Tui said he learned further quarrying activities operated on seven acres of his eight acre tax allotment in Ta’anea were based on a letter he claimed he did not know was submitted to the Ministry of Lands and Survey three years ago.
A copy of the letter, seen by Kaniva News, was purportedly showed Tui’s signature.
Tui told Kaniva News in a previous exclusive interview he never signed such letter.
‘Etuate, the People’s Party Deputy Chairman – the Party in which the Prime Minister was a founding member – previously told Kaniva News Tui allegedly signed the letter and there were people who could bear witness to it.
He claimed Tui’s signature varied whenever he signed.
Controversial backgrounds
‘Etuate Lavulavu is no stranger to courts, controversy or convictions.
In 2003 he was arrested by the FBI while trying to board a flight from Salt Lake City to Los Angeles. He was charged with falsifying immigration papers for Tongans to become American Citizens as part of a scam carried out with his brother. He pleaded guilty to two counts of illegal use of a birth certificate, but only had to pay costs.
In 2004 he began referring to himself as “professor” and said he had a doctorate from an American institution, which turned out to be a notorious “mail order” university which essentially sells degrees.
The Director of Education said at the time that the Ministry did not recognise his “professorship.”
In 2016 Tonga’s Supreme Court convicted him of bribery and spending over the legal limit on his 2014 election campaign.
The judge said Lavulavu was not a credible witness and that his evidence was implausible, evasive and untruthful.
As a result of his conviction he was kicked out of Parliament. His wife Akosita won the by-election in his electorate.
In a case in 2000, Lavulavu was sued by the Late Prince Tu’ipelehake for damages and unlawful cultivation of his land. In his summing up of the trial, Lord Chief Justice Ward said Lavulavu “was willing to say almost anything that seemed to suit the moment with a repeated disregard for the truth.”
Last year the Supreme Court ordered ‘Akosita to pay the plaintiffs’ costs after Lord Chief Justice Whitten quashed her decision to deny whale watching and swimming licences to a group of companies.
Mr Whitten said the Minister’s decisions were infected by errors of law.
By Pacific correspondent Barbara Dreaver of One News. This story is republished with permission.
The Commerce Commission is investigating a number of possible pyramid schemes involving registered companies targeting Tongans in churches, community groups and families across Auckland.
Commerce Commission’s Joseph Liava’a. Photo/Screenshot, One News
The Commission has received a number of complaints, but 1 NEWS understands many in the Pasifika community have been affected.
It’s believed hundreds of Tongans in Auckland have lost money through a number of schemes with the lure of a big return in a short amount of time. In one video trying to get recruits, one man Tomasi Patuki encourages those at a meeting to join a new group.
“I’ve suffered, you suffered, everyone has suffered but there’s always a loophole and this is the loophole, people,” he says.
“We are a registered company, we only started little but we’re growing very, very fast. I can guarantee you guys to join us ‘cause the money will be paid,” a woman can be heard saying in the clip.
While some have earned money, it’s not true for most who sign up to the schemes, which are presented as gifting programmes or investments.
“I am so sad. It’s like they are stealing from us as Tongans. The thing I want now – I just want my money back,” said one victim, who did not wish to be identified.
People are promised if they put in money, they will receive large amounts of cash quickly but it relies on them bringing in recruits and their cash is gifted to the people above them. When pyramid schemes typically collapse, the people further down get nothing.
“If you need to recruit people in order to make money and there’s no real product or service involved, it’s probably an illegal pyramid scheme – don’t risk it,” the Commerce Commission’s Joseph Liava’a warned.
The schemes are running rampant in Auckland’s Tongan community with recruiting and meetings taking place in McDonald’s, church halls and in private homes.
Even on a Facebook messenger group set up by victims fighting to get their money back there was active recruiting trying to lure those in the group into yet another scheme.
Many of the groups are set up using a registered company and supposed contracts – like the one running out of takeaway bar Haamongaa Maui in Ōtāhuhu.
Another victim, who did not wish to be identified, said she saw the contract when which made her believe it was legitimate when she signed up at the takeaway outlet.
“I saw the paper and it makes me believe this is true, it’s going to happen because they let me sign, we made an agreement,” she said.
Legal experts 1 NEWS spoke to say the contract itself does not appear to make sense, with some of it in complete gibberish.
1 NEWS spoke to a number of victims who have dealt with Sita Tu’ima and her Golden Gifting Group.
“They said to us, ‘Don’t stress, just join. You will get your money, don’t worry’,” the first victim said. “After, when I tried to ring them, they said, ‘Oh sorry, something wrong, work it out in a few days’. Since then, I keep chasing and chasing and still nothing.”
Tuima denies she’s part of a pyramid scheme and claims it’s a gifting programme.
She told 1 NEWS that people lost money because they didn’t bring in recruits or left without passing cash on to the people above them.
She says she’s joined another gifting programme so she can refund those who paid her.
People 1 NEWS have spoken to say no refund has been forthcoming.
Instead, they’ve lost trust and cash they didn’t have to begin with.
FAKAMATALA FAKATONGA
Kuo fakatotolo’i ‘eni ‘e he Komisoni Komeesi ‘a Nu’u Sila’ ‘a e ngali kuo mafola ‘a e fo’i mōtolo fakapisinisi ‘oku lahi mole ai ha pa’anga lahi ‘a ha kakai ‘a ia ‘oku ‘iloa ko e sikimi pilamita pe pyramid scheme ‘i he komiuniti Tonga’ mo Nu’u Sila’ ni foki. ‘Oku lahi hono ngāue’aki ‘e he kau Tonga ‘a e mōtolo ko ‘eni , tatau pe ‘i Nu’u Sila, ‘Aositelelia, ‘Amelika mo Tonga ‘o fakalea ko e lī pa’anga ‘o nau uki ‘enau kakai ke tipositi ha pa’anga taki $500 pe $750 ‘a e tokotaha kae palomesi ko ‘ene ‘osi ha taimi nounou pe te nau toho leva ‘a e pa’anga ‘oku lahi fau taki $3,000 pea 5,000 atu e fa’ahinga. ‘I he lao ‘a Nu’u Sila ni’ tatau pe mo Tonga, ‘oku tapui ke ngāue’aki ‘a e mōtolo’ ni he ‘oku ‘ikai mo’oni ‘e ma’u kotoa ‘e kinautolu ‘oku fakahū pa’anga ai ha pa’anga lahi pehee. Ne ‘osi toutou lipooti ‘eni ‘e he Kaniva’ ki mu’a, pea ‘oatu ai ‘a e fo’i fakamatala nounou ke te mahino’i ‘aki ‘a e mōtolo ko eni ‘a ia ko e fakamatala pe ia ‘oku fale’i mai ‘e he Komisoni ko eni ‘a Nu’u Sila. ‘A ia ‘oku peheni – kapau ‘e uki atu ha li pe fakahū pa’anga natula fakatupu peheni ka ko e founga ‘e ma’u ai ‘ete tupu lahi kuo palōmesi’ ‘ ko e ma’u pe mei he lahi ‘o e sea ‘o ha kakai te te fakahū ke kau ki he li pe tipōsiti pa’anga ko ia’, pea ke fakamama’o he vave taha’ mei ai ‘e ‘ikai ke mo’oni ia. ‘Oku ngāue’aki ‘e he kakai Tonga ‘a e mōtolo ko ‘eni ‘o ui ko e li pa’anga pea ‘i ai mo e ngaahi hingoa kehe ‘oku fakahingoa’aki ke ongo lelei hangē ko e Golden Gifting ‘i Nu’u Sila’ ka ko e mōtolo tatau pe. ‘A ia ‘oku tapui he kuo ‘osi fakamo’oni’i fakamāmani lahi ‘oku ‘ikai ngāue ia ‘o hangē ko hono malanga’i’. ‘Oku malava pe ke ma’u ha pa’anga ‘a ha ni’ihi tokosi’i tautefito ki he kamakamata ‘o e fa’ahinga sikiimi ko ‘eni’ ka ‘e ‘ikai fuoloa kuo ha’ulu ia ‘o iku ki he mole ‘osi ‘enau pa’anga’ he ‘e ‘ikai kei ma’u ha kakai ia ke omi ‘o fai e fo’i fakapa’anga ko eni’. Ko e me’a ia ‘oku ui ai ko e pilamita’ he ko e ki’i ni’ihi tokosi’i pe ‘i ‘olunga ‘e ala ‘uluaki vahe ‘o ma’u ha’anau seniti ka ko e ‘aho ‘e holafa ai ‘a e pilamita ni ko e kakai ‘i lalo’ ‘a ia ko e tokolahi taha’ kinautolu’ ‘e ‘ikai pe ma’u ‘enau pa’anga’ ‘a kinautolu. Kuo ‘osi senituli ‘a e fa’ahinga mōtolo ko ‘eni talu hono ‘ilo ‘i ‘Iulope he senituli kuo ‘osi pea kuo ‘osi toutou fakamo’oni’i ‘ene palopalema’ pea ko e me’a ia ‘oku tapui ai he lao ‘a e ngaahi fonua lahi. ‘Oku mahino foki ki he Kaniva’ kuo ‘osi palopalema lahi ‘a e ngaahi kulupu peheni ‘a e kakai Tonga’ he lolotonga’ ni pea ‘oku lahi ‘a e fehanuaki kuo ‘ikai toe lava ia ke totongi fakafoki e pa’anga ‘a e kakai pea launga e tokolahi ka kuo ‘ikai toe ma’u ‘enau pa’anga ne fakahuu pe ko ia ne palomesi ange’.
Minister of Infrastructure ‘Akosita Lavulavu’s latest attack on Kaniva News and our right to hold her to account appear to stem from stress over the two separate serious fraud cases she is expected to face on Monday March 29 and April 12 .
Hon. ‘Akosita and her husband ‘Etuate Lavulavu
In her latest statement on VPON media, ‘Akosita has repeated herself several times in her latest attack on the roles of the media and the opposition party. She also downplayed how much Tongan Parliamentarians can learn from the New Zealand Parliament about how its MPs have behaved in similar circumstances.
In New Zealand, Australia and other Parliaments it would be expected that MPs facing such serious charges would step down, even temporarily, for the good of the party and so as not to besmirch the name of Parliament.
‘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. She did not deny these charges in her attack on Kaniva.
There were more serious accusations in Kaniva’s article on Wednesday about the various court rulings against ‘Etuate in Tonga as well as in the United States. ‘Akosita did not deny this. Instead, she kept asking for the legal basis for the calls we and Opposition Leader Semisi Sika have made for her to resign. We have already told her it was our responsibility to do so.
Contradictory
In our second story, which was a commentary, we made our argument clear:
“There does not have to be a court judgement to be made for a Cabinet Minister to resign once they come under the spotlight. The Tongan courts have no constitutional power to order her to resign. The mere fact that she has been accused and charged with two separate fraud cases, not just one, was enough for her to resign.”
Ironically, ‘Akosita did answer her own question by admitting that Sika has a right to call on her to resign in his role as an MP and citizen of Tonga.
In the Minister’s own words: “Semisi Sika is entitled to do so [call for her resignation] as a member of the parliament or citizen of Tonga.”
However, she claimed we were wrong in saying that Sika was the Leader of the Opposition Party because Tonga did not have a party system government. She was wrong.
Tonga People’s Party Inc (TPPI) and PTOA Party
The Tongan constitution does not say that Tonga has a formal party system of government. Technically, however, the party system does exist and is recognised in Tonga and in the international level. It has been referred to as such in legal documents, been recorded in the Parliament’s Hansards and quoted by local and international media as well as leaders of Tonga and overseas countries.
‘Akosita should know this well because she and her husband ‘Etuate Lavulavu were founding members of the Tonga People’s Party. This Party was formalised and registered with the Tonga government in January 2020, according to ‘Akosita’s husband ‘Etuate. There was also the PTOA party.
On page 4 of the TPPI manifesto there is this statement and I quote: “In the current Parliament, TPPI has 18 affiliated MPs and the opposite party of Paati Temokalati Otumotu Anga’ofa (PTOA) has only 9 MPs.” This manifesto has become a legal document.
So ‘Akosita and VPON’s argument that Tonga does not have a party system is flawed.
The Opposition Party
It is now normal practice that whenever the Prime Minister and his executive Cabinet are elected and have a supporting bench in Parliament the rest of the MPs in the Legislative Assembly became the Opposition, with somebody they chose as their leader.
The name Opposition Leader was first given to Late Democratic Leader ‘Akilisi Pohiva. It was quoted by various international media including the Australian newspaper the Age. The Australian Parliament reported in 2004: “Opposition Leader ‘Akilisi Pohiva commands 70 per cent popular support and would be Prime Minister in a conventional democracy.”
After Pohiva’s death Radio New Zealand referred to him as Opposition Leader: “He (‘Akilisi) was without question the best opposition leader Tonga ever had.” After Pohiva’s death he was replaced by Sika and again Sika was referred to as Opposition Leader.
NZ and Tongan parliament exchanges
In our Commentary we gave examples of Ministers in New Zealand and Australia who voluntarily resigned because they believed their continuation in the roles while they were being accused was the kind of distraction their government did not want.
We mentioned that to highlight the ground and basis for their voluntary resignation after they had been accused or linked to allegations or corruptions. They resigned without going to court to clear their names. We said ‘Akosita could learn a lesson from the two countries.
The New Zealand and Tonga Parliaments have visited each other in the past; the last time in 2020 when the Speaker, Lord Fakafanua, led a Tongan delegation to New Zealand .
Lord Fakafanua told Radio New Zealand at the time that “a lot of experience and knowledge of the New Zealand Members of Parliament was a great resource for Tonga “to tap into”.
Lord Fakafanua said he thought the most important thing to take away with them was “New Zealand Parliament’s commitment toward strengthening democratic processes and sharing those ideals and values”.
This was why our Commentary on Thursday suggested that ‘Akosita should learn from Australian and New Zealand ministers who voluntarily resigned in the past. These are the good values and ideals Tongan MPs need to learn from New Zealand and it was our role as media to remind ‘Akosita of that.
When she has serious two accusations laid against her, the decent thing to do would be to resign.
Tongan Ministers’ resignations
Tongan ministers who have resigned in the past including the Minister of Justice ‘Alisi Taumoepeau in 2010, Prime Minister ‘Ulukālala Lavaka Ata, who is the current king, in 2006 and Finance Minister Cecil Cocker in 1995. They resigned because they had been linked to allegations which were not good for the government of the day.
‘Akosita should remember that Cocker resigned from his ministerial position after he was at the centre of an allegation which linked to a cocktail party in New Zealand.
‘Akosita asked why Kaniva did not call on Sika to resign when, in 2016, the Supreme Court rules he “acted unlawfully when he advised the plaintiffs that their appointments on the Board of the Authority had ended.” ‘Akosita accused Kaniva of being biased in calling her to resign while we did not call on Sika to resign.
Court penalises ‘Akosita
A simple pattern can help explain this situation for the Minister. Opposition Leader Sika made a comment to Kaniva News on Wednesday calling on her to resign, which we reported. No one in the Opposition in 2016 told Kaniva News they wanted Sika to resign, but we did report Sika’s case at the time.
The point is, we didn’t call on Sika to resign after his decision was quashed by the court in 2016, and we also didn’t call on ‘Akosita to resign after the court imposed her penalty in 2020.
‘Akosita’s case, in which she was penalised by the court for unlawfully denying whale watching licenses to a group of companies was only raised in Thursday’s commentary in an attempt to shed light on her implication that only a court decision could justify a resignation.
FAKAMATALA FAKA-TONGA
‘Oku mahino ‘i hono toutou ‘ohofi ‘e he Ministā ki he Ngaahi Ngāue Lalahi’ e Ongoongo ‘a e Kaniva’ mo e Taki ‘o e Fa’ahi Fakaanga’ ‘oku ‘ikai ha poini ia ka ko e lahi pe situlesi he fefine’ ni tu’unga he’ene ongo fu’u hopo lalahi ‘e ua ‘e kamata ‘apongipongi ‘ pea ‘oku ‘ikai ke tau fakaanga he ta ko e me’a ia ne fakafisi pehē ai pe kau minisitā ‘a Tonga’ ki mu’a’. Ko e ongo tukuaki’i mamafa ‘eni ‘o ‘Akosita mo hono hoa’ ‘Etuate Lavulavu ki he liliu loi ha ngaahi pepa ke na kaiha’asi’aki ha fu’u pa’anga lahi mei he tukuhau ‘a e fonua’, pea mo e tukuaki’i ki hono fa’u ha fakamalata loi ke lohiaki’i’aki ha lisi kelekeleke ki he Potungāue Fonua’. ‘Oku toe fepakipaki e fakamatala ‘a e minisitaa’ ni mo ‘ene ngaahi fehu’i kuo fai ki he Kaniva’. Fehu’i pe ia pea ne toe tali pe ‘a e tali totonu ki he’ene fehu’i ne fai’. ‘Ohofi ‘e ia ongoongo’ ni hono fokotu’u atu ‘e Sēmisi Sika ke fakafisi’. Pea ne mau ‘osi tala atu ki ai ko e ngafa totonu ia ‘o e Fa’ahi Fakaanga’ ke fai ‘a e fokotu’u ko ia (to hold her to account) pea ko e fatongia mo ia ‘o e mitia’ ke tuku atu ki he kakai’ e fakakaukau ‘a e Taki Fa’ahi Fakaanga’. ‘Ohofi ia ‘e ia mo ‘eke pe ko e ha ‘emau totonu fakalao pea ko e ha e makatu’unga fakalao ke fakafisi ai. ‘Osi pe kuo ne toe tala mai ‘oku ne fakapa’apa’i peseti ‘e 100 ko ā e mitia’. Ka ko ‘ene ‘ohofi e Kaniva’ ‘aki e fanga ki’i poini fulufulu’i moa’ ‘oku ‘ikai ko ha faka’apa’apa ia ki he mitia’. Tala mai ‘e ia ‘oku ‘ikai ko ha taki ‘a Sika ia ‘o e Fa’ahi Fakaanga’ he ‘oku ‘ikai ha sisitemi fakapaati ia ‘a Tonga. ‘Osi ko ia’ ko ‘ena paati ‘ena mo hono mali kuo ‘osi lesisita ‘o ui ko e Paati ‘a e Kakai’ ‘o Tokoni Sea ai ‘a ‘Etu pea mēmipa ai ‘a Sita. ‘Oku ‘ikai tala mai ‘e he konisitutone ia ‘a Tonga ko ha sisitemi fakapaati ‘a e pule’anga’ ka ‘oku ‘ikai tapu ia ke fokotu’u paati ai mo ngāue atu ‘aki ‘e ha taha hangē ko e mitia’ ‘a e ngaahi hingoa fakapaati hangē ko e Taki ‘O e Fa’ahi Fakaanga’ ki he kau Fakafofonga Falea Alea’. Tala mai ‘e ia mo e VĪPONI’ ke tuku e fakatatau ia ki he fakafisi ‘a e kau minisitā ‘a Nu’u Sila’ mo ‘Aositelēlia’ he ‘oku kehe pe kinaua ia mei Tonga pea ‘e ‘ikai ke fakafisi ha minisitā ‘i Tonga koe’uhī ko ha fakafisi ‘a ha minisitā ‘i Nu’u Sila. Mio’i ‘e ia ‘emau ongoongo ke tu’u kehe. Ko e me’a ne fokotu’u atu ke ne ako mei he fakafisi ‘a e kau minisitā ‘a e ongo fonua’ ni. He kuo ‘osi ha’iha’i ‘a e ongo Fale Alea’ ni tautefito ki Tonga mo Nu’u Sila ke na feako’aki. Pea kuo ‘osi fe’a’ahi’aki ‘a e ongo Fale Alea’ ni he kuohili’ pea ko e fakamuimui taha’ ko e ta’u kuo ‘osi ne ‘i heni ai ‘i Nu’u Sila ‘a e Sea Looti Fakafanua mo ‘ene timi ko e omi ke ako he ngaahi tō’onga, angafai mo e founga ‘a e kau Fale Alea Nu’u Sila. ‘Ilo pe ia ‘e Sita he ne ‘osi kau mai he ‘a’ahi ‘e taha ki mu’a ka ko e mahalo lahi pe situlesi he teu hopo’. Me’a ‘e taha ke ne manatu’i na’e fakafisi ‘a e Minisitā Pa’anga ‘a Tonga he 1995 ko Cecil Cocker tu’unga ‘i ha tukuaki’i mamafa kiate ia ‘i ha paati ne fai ‘i Nu’u Sila ni. Sio ki he poini. Ko e me’a ‘e hoko ‘i Nu’u Sila’ ‘e ‘ikai faka’ata’atā ‘a Tonga ia mei ai. ‘Oku ako ‘a Tonga mei Nu’u Sila, mo’ui he pa’anga ‘a Nu’u Sila ko e hā kuo ‘ai ia ke kehe ‘enau founga ki he fakafisi? Pea ko e kau minisitā ne fakafisi ‘i Tonga’ hangē pe ko Nu’u Sila’ kau ai ‘a Cocker, Minisitā Lao ‘o e 2010, mo e Palēmia ‘o e 2006 ‘a ia ko e tama tu’i ia ‘o e ‘aho ni’ ne ‘ikai ke nau toe ō ki he fakamaau’anga’ ke ‘eke ai ha’anau totonu ka ko ‘enau fakafisi pe tu’unga ‘i hono tukuaki’i kinautolu’. Ka ‘oku vivili mai ia ‘oku ‘ikai ha makatu’unga fakalao ia ke fakafisi. Ko ‘ene tukuaki’i mamafa pe taha ko e ava mai ia ‘a e matapā kiate ia ke lue ki ‘api’. Angamaheni’ ‘oku makatu’unga pe he mamafa ‘o e tukuaki’i tautefito ki he ongo keisi ‘a ‘Akosita’ he ‘oku iku ia ki he Fakamaau’anga Lahi’. Ka ko e founga ia ki ha kau minisitā kuo tukuaki’i, fiema’u ia ke nau male’ei ki tafa’aki ō ‘o teuteu ‘enau hopo’ kae ‘atā e Sea mo e ‘ōfisi ‘a e pule’anga ‘o e kakai’ ia ke ha’u ha taha kehe ki ai ‘oku ‘ikai uesia ‘ene mo’ui mo hono ‘atamai’ koe‘uhi ko hono tukuaki’i’. Tala mai ‘e Sita ‘oku paiasi ko ā e Kaniva’ hono lipooti ke fakafisi hili ko ia’ ne ‘ikai ke mau fai pehē hili hono fakahā ‘e he fakamaau’anga’ ne maumau’i ‘e Sika ‘a e lao’ ‘i he tu’utu’uni na’a ne fai fekau’aki mo e kau talekita poate Takimamata’ he 2016. Ko e ki’i pēteni faingofua ‘eni ke fakahinohino’aki e minisitaa’ ke mahino lelei ki ai e me’a ni. Ko Sika na’a ne fai e komeni ‘i he Kaniva’ ‘i hono lakanga ko e Taki ‘O e Fa’ahi Fakaanga’ ‘o ne ui kia Sita ke fakafisi. Na’e ‘ikai ko ha fakakaukau ia ‘a e Kaniva’. Pea ‘i hono li atu e pēteni ko ‘eni ki he keisi ‘a Sika he 2016 ‘oku peheni, na’e ‘ikai ha taha ia mei he Fa’ahi Fakaanga ‘o e ‘aho ko ia’ te ne fokotu’u mai ki he Kaniva’ ha’ane fakakaukau ke mau lipooti ke fakafisi ‘a Sika. ‘Ikai ko ia pe ne ‘ikai ke fokotu’u atu ia ‘e he Kaniva’ ‘i he ta’u ni ke fakafisi ‘a Sita mei hono lakanga’ tu’unga hono tautea’i ia ‘e he fakamaau’anga ki he’ene maumau’i e lao ‘a e fonua’ ‘ikai foaki ‘a e ngaahi laiseni ki he mamata’anga tofua’a’ ki ha ngaahi kautaha. ‘A ia ‘oku fetamate’aki pe ia. Na’e ‘ikai ha’amau lipooti ke fakafisi ‘a Sika he’ene maumau lao he 2016 pea ne ‘ikai ha’amau lipooti ke fakafisi ‘a Sita he’ene maumaulao he 2020. Ko e toki lipooti atu pe ‘eni ‘i he’ene keisi tukuaki’i tohinima loi’ pea ‘oku ‘i ai pe makatu’unga lelei ki ai he ‘oku fu’u mamafa faufaua ‘a e tukuaki’i ko ia’.
In light of recent media reports that the Courts are imposing more suspended sentences due to overcrowding in Tonga’s prison system, the following clarification is provided for the information of the public and better understanding:
The Courts do not suspend sentences because of prison overcrowding.
Provision of adequate prison facilities and related services is the responsibility of the Executive Government.
Upholding the rule of law and administering justice in the Kingdom is the responsibility of the Judiciary and the Courts.
Suspended sentences are considered and imposed in accordance with relevant statutory provisions enacted by Parliament and principles established by the Court of Appeal. Those laws and principles are referred to and applied in the judgments of the Courts.
Save in exceptional circumstances, those judgments and full reasons for the sentences imposed are routinely published on the websites of the Attorney General’s Office (ago.gov.to) and the Pacific Islands Legal Information Institute (paclii.org) and are thus matters of public knowledge.
The relevant considerations and principles on whether a sentence of imprisonment should be suspended wholly or in part include:
A suspended sentence is intended to have a strong deterrent effect.
If the offender is incapable of responding to a deterrent, a suspended sentence should not be imposed.
Whether the offender is young, has a previous good record, or has had a long period free of criminal activity.
Whether the offender is likely to take the opportunity offered by the sentence to rehabilitate him or herself.
Where, despite the gravity of the offence, there is some diminution of culpability such as a lack of premeditation, the presence of provocation, or coercion by a co-offender.
Whether the defendant has cooperated with the authorities.
Suspended sentences are almost always imposed upon specified conditions such as probation, completion of rehabilitation programs and/or community service. Any breach of those conditions may result in the suspension being rescinded and the offender being required to serve the period of imprisonment.
Michael Whitten QC
Lord Chief Justice of the Kingdom of Tonga
26 March 2021
Tongan girls are becoming pregnant due to ignorance about contraception, male partner’s refusal to wear condoms and conservative social attitudes, according to a new report.
• The report, Unplanned Adolescent Pregnancy in the Pacific: Tonga, said cultural, religious and social conventions in Tonga made it hard for women to talk about the issues.
The report, Unplanned Adolescent Pregnancy in the Pacific: Tonga, said rates of unplanned adolescent pregnancy were high in many Pacific Islands countries.
The report said young women needed proper sex education, but said the lack of balance in power between girls and often older men needed to be addressed.
The report said that researchers found that cultural, religious and social conventions in Tonga made it hard for both younger and older women to talk openly about sexual and reproductive health, contraception and abortion.
Researchers from the University of New South Wales interviewed girls aged between 16-19 who had become pregnant about their experiences as well as older women who were encouraged to talk about their knowledge of local practices.
The university team interviewed 26 people in Tongatapu, Vava’u and Ha’apai.
School
All the young participants were either still in high school or had recently graduated when they found out they were pregnant.
Fear of telling their parents was widespread.
The report said poor availability of contraception, lack of information and lack of control over their own bodies could lead to unplanned adolescent pregnancies.
Much of the writing on teenage pregnancy came from a western viewpoint and focused on clinical services to reduce adolescent fertility.
However, it had been argued that the health and wellbeing of adolescent mothers in the Pacific would be better served by attention to cultural and social features of the society.
Knowledge about contraception and sexual and reproductive health was low among the young women interviewed.
“Most of them knew they could become pregnant from having unprotected sex, but for some reason did not think they would become pregnant when they were having unprotected sex with the father of their child,” the report said.
Facebook
Sources of reliable information about sexual and reproductive health and contraception were limited. Many participants said the only things they knew were what they had seen on Facebook, on YouTube and in movies.
Some of the young participants were aware of contraceptives and where they could get them, but were put off by the problem of trying to keep it private.
Of the young participants who did mention the use of contraception (almost exclusively condoms), it was used erratically at the sole discretion of their male partner.
Having an abortion was one of the first thoughts for many of the participants. Most girls had heard that there were ways to abort a pregnancy, but few were sure of exactly what to do.
Many of the teenage mothers wanted to get back to school, complete their education and get a job or move on to higher education. This also appeared to be factor for a number of parents of the pregnant teenagers.
This seems to played a part in arrangements to have a child adopted by a close relative.
Education
The report said young women needed to be supported with proper sex education. It suggested that this could be effective if it was offered to girls and older women together.
“Sexual and reproductive health and contraceptive education for young girls may be more acceptable if it is delivered in a forum that enables the older women to take some ownership of the process,” the report said.
“The hosting of small mother-and-daughter group meetings or workshops may improve, and begin to normalise, dialogue between mothers and their daughters on matters of sex, gender and relationships.”
However, the report said the issue of contraceptive use needed to be approached from several angles, including gender equality.. The fact that the decision to use contraception was usually the man’s represented an unfair imbalance in the power between the people involved.
FAKAMATALA FAKATONGA
Fokotu’u ‘e ha lipooti hili ha fakatotolo fakaako ‘i Tonga kuo taimi ke vakai’i e lao mo e tukufakaholo ‘a e fonua’ hangē ko e tapu ‘o e fakatōtama’ mo e tapu ke talanoa’i e ngaahi me’a fakaepo’uli ‘a e ongo me’amali’ ke mahino ki he fānau fefine’. Ko e taha ‘eni ia e ngaahi tapu tuku fakaholo’. Ka kuo lahi e taonakita ‘a e fānau fefine’ mo e feinga ‘i he ngaahi founga fakalilifu kehekehe ke fakatooki ‘a e pēpee’ tu’unga he ilifia he feitama’. Ni’ihi puna mei he feitu’u mā’olunga pea ni’ihi inu ha me’a pe ‘oku ala ke ne fakatooki ‘a e pepee’ hange ko e piliu’. Pea ‘ikai foki mahino lelei pe faingamalie ke ngāue’aki ‘a e ngaahi me’a malu’i kapau te nau ‘unoho mo ha tangata.
A widespread Pacific civil society call for a global ban on deep sea mining activity has been launched.
The Pacific Regional NGO Alliance of church and civil society groups kickstarted their campaign to stop deep sea mining yesterday in Fiji.
The general secretary of the Pacific Council of Churches, James Bhagwan. Photo: RNZ / Jamie Tahana
Their Blue Line Statement says that as custodians of the world’s biggest ocean, Pacific peoples have a moral obligation to protect it against exploitation and destruction.
However, a number of Pacific governments including Cook Islands and Nauru have backed exploration activities by companies spearheading the embryonic deepsea mining sector.
Opening the Blue Line launch, the Secretary General of the Pacific Conference of Churches, Reverend James Bhagwan said governments and companies claiming there would be minimal damage to the ocean from deep sea mining ran the risk of being on the wrong side of history.
“That which is actually know about our ocean depths actually runs contrary to the push for deep sea mining,” Bhagwan said.
“Scientists regularly warn against the devastating and irreversible damage to ecosystems and habitats; the resulting biodoversity loss, including of many known endemic species and others yet to be identified, that will be affected and most likely will never recover; the risk of giant sediment plumes travelling beyond the mining sites, smothering and potentially destroying all life forms on the sea floor.”
The coordinator of the Pacific Network on Globalization, Maureen Penjueli, told the campaign launch that scientists have given clear warnings about damage to oceans and the link to climate change.
“Recently they warned us about the carbon storage facilities of our ocean floor itself. Recovery of biodiversity destruction would be something that would not happen in human timelines.”
She said the Pacific Ocean had long been viewed by external powers as a kind of “anti-space” or void.
“A space in which great tests and experiments have taken place, first for world peace.
“In the past it was used as the proving ground for nuclear weapons. Our people drew a Blue Pacific Line and said never again.”
She said the advocates of deep sea mining were now presenting the industry as neccessary for the world’s fight against climate change under “false narratives of green technological revolution”.
The Deep Sea Mining Campaign warns that if nodule mining is allowed to take place in the Pacific Ocean, species such as the Sperm Whale could be adversely affected. Photo: WILLYAM
Companies such as DeepGreen Metals, which is looking to mine parts of the Pacific, say the world needs polymetallic nodules on the seabed for materials to make batteries for electric vehicles that will drive the carbon-free societies of the future.
Bhagwan described this argument as spurious, saying the minerals needed could be sourced from better recycling efforts and land-based resources.
In a recent interview with RNZ Pacific, the Cook Islands prime minister Mark Brown denied that his country was gambling with ocean health by opening up for deep sea mining exploration.
Economic strains caused by the pandemic have highlighted the need for Cook Islands to diversify its tourism-reliant economy.
The Cook Islands’ roughly two million square kilometres of Exclusive Economic Zone contains an estimated 10 billion tonnes of polymetallic nodules, rich in manganese, nickel, copper, cobalt and rare earth minerals.
Bhagwan noted that decades ago land-based mining also began with promises of economic and social benefits for Pacific people.
“And our lived experiences in the Pacific show clearly that the powerful corporations benefit the most while it is our people who bear the costs of destruction of our natural environment.
“Across resource frontiers of our region, history records this deception time and again.”
Cook Islands Prime Minister Mark Brown Photo: Cook Islands Ministry of Foreign Affairs & Immigration
Tuvalu’s former prime minister, Enele Sopoaga who attended the online launch, said countries inviting seabed exploration were opening up a huge range of problems for ocean health.
“Soon they will be coming to Tuvalu, especially the vulnerable economies looking for the extra dollar. No. This is not on as long as I am in the parliament of Tuvalu.
“I will use all my energy to stop this mad idea about mining the seabed.”
Sopoaga is also calling for an end to the shipment of nuclear waste and disposal of plastics.
