After almost five weeks of deliberations, an Auckland high court jury on Thursday found Malia Unalotokilakepa Li guilty of the manslaughter of her husband Lanitola Epenisa.
Malia ‘Unalotokipea Li. Photo/Facebook
She is scheduled for sentencing next month. Li is remanded in custody to await the hearing.
The mother-of-two has been on trial after Epenisa died from the blood infection sepsis, after two strokes slowly ate away at his ability to walk and speak coherently and he developed pressure sores from immobility, the NZ Herald reported.
“He was found dead by emergency staff in a Māngere home, drenched in urine in a room with a bag of soiled clothes and a nest of mice”, the paper reported.
Lanitiola ‘Epenisa. Photo/Supplied
Li was charged with manslaughter for failing to provide her husband – deemed a vulnerable adult – with the appropriate medical care, hygiene, food and water between January and October 2016.
The Crown said Li left Lanitola Epenisa in a La-Z Boy chair, next to a nest of mice and piles of rubbish. Pressure sores on his buttocks became so deep they exposed muscle and bone.
The sores became infected from his faeces and urine and Epenisa died of blood poisoning on October 2, 2016.
Li’s legal team said their client had done all she could for her sick husband, whose health had deteriorated to such an extent that he could not fight off infection.
OPINION: Convicted Cabinet Minister Akosita Lavulavu will be sentenced tomorrow July 2 at 10am.
Whatever her sentence, it will add a new chapter to the democrat MPs endeavour to push for more democracy in terms of good governance, transparency and accountability.
Minister of Infrastructure ‘Akosita Lavulavu and husband ‘Etuate Lavulavu. Photo/Akosita Lavulavu (Facebook)
In this opinion piece I will round up the debates and exchanges with the Prime Minister in the past two months on Akosita’s saga.
I have previously made it clear that the Prime Minister owed the public a proper response to the repeated calls to dismiss Akosita because he was the one who chose her to be Minister of Infrastructure, Tourism and Transport. He knew when he appointed her in 2019 that she had been charged with serious fraud offence in 2018. He should have checked the legal implication of her charges and how they could affect the government.
Clause 51(3)(a) vs clause 23
Prime Minister Pōhiva Tu’i’onetoa’s insistence, based on Clause 23 of Tonga’s Constitution, that he cannot sack Akosita, was unfounded in many respects.
In fact, his power given by Clause 51 (3) (a) means he can do something, but he refused to do it and unfortunately, he appears to have attempted to mislead the public about this clause.
Clause 51 (3) (a) says: “Minister shall retain his position as Minister until – (a) his appointment is revoked by the King on the recommendation of the Prime Minister or in accordance with clause 50B”.
Prime Minister Pōhiva Tu’i’onetoa. Photo/Kalino Lātū (Kaniva Tonga)
This clause has two independent phrases divided by the conjunction “or” which means it is either the Prime Minister who can recommend to the king that a Minister’s appointment be revoked, or the minister can be revoked according to Clause 50B.
In his recent response to media in a livestream talk show the Prime Minister appears to have intentionally avoided talking about the first phrase and claimed his power in clause 51(3)(a) can only be exercised according to clause 50B.
In my opinion, Clauses 51 (3) (a) and the re-enacted Clause 23 appear to be in conflict when it comes to Akosita’s case because one clause allows the Prime Minister exclusive power to sack her at his pleasure, while the other says she must not be sacked if she seeks leave to appeal her sentencing. It also says that if she is sentenced to no more than two years imprisonment she is still entitled to be appointed a minister, no matter how serious the offence committed.
When constitutions and laws clashed it is a matter for the judiciary to make a final decision and clarify which one is void. Unfortunately, Tu’i’onetoa appears to have taken the role of the judiciary into his hands in this case and declared that Clause 23 was the only clause he could use and turned a blind eye to clause 51(3)(a).
A sensible leader should use his discretion and use the clause which will do what is best for the people, no matter what. In Akosita’s case the Prime Minister should have stuck to Clause 51 (3)(a) and shown he had a sense of responsibility to the whole kingdom.
Shifting
The Prime Minister’s comments and response to media questions about Akosita’s case clearly show he has shifted his justification when it suited him.
When asked about her pay while she was in court, instead of saying how many days were involved and which law justified her payment, Tu’i’onetoa said Akosita was still working at the time and Cabinet ministers worked 24 hours a day.
Tu’ionetoa was uncertain whether Akosita would appeal her sentencing. On June 5 he said “if after the 42-day period stipulated by the constitution is over and there is no appeal I will make the final decision.”
But his most telling comment was when he said he did not want to sack Akosita as he feared she might take him and the government to court using Clause 23. He said he did not want to be penalised by the court and for the government to have to pay Akosita compensation.
But the Prime Minister appears to have no concern at all about who will pay back the monies being paid to Akosita after her conviction and in the next 42 days if she appeals her sentence. Of course she could accept her sentence and go to jail, or her appeal could be rejected.
That is why it would have been better for the Prime Minister to immediately take action and dismiss or suspend Akosita without pay under Clause 51(3)(a). If she did end up taking him and the government to court and won, that would have been it. It would have been fair to pay her back all her entitlements, salaries and allowances because the legal process had been gone through.
Precedents
In law there are precedents – previous actions take by the courts of the legislature – that are considered as an authority for deciding subsequent cases involving identical or similar facts, or similar legal issues. In Akosita’s case, there is a clear precedent for his dismissal.
Akosita was dismissed in 2018 by Late Prime Minister ‘Akilisi Pohiva after she was arrested and charged for the fraud of which she has now been convicted.
Prime Minister Tu’i’onetoa should use this as a precedent to dismiss Akosita. He should also use it in court if Akosita takes legal action against the government because of clause 23.
Akosita has been found guilty of plundering more than half a million pa’anga from the government school grant scheme which was co-funded by New Zealand and Australia. The Prime Minister has a duty to spend every cent of public money wisely. Instead, he has continued to reward her with the same benefits and entitlements given to other ministers who have not been convicted of serious fraud.
The end justifies the means
In English there is an idiom that says the end justifies the means used to achieve it. Whatever means the Prime Minister is using at the moment seem only to point to one end, to keep Akosita in Cabinet. But is this goal really enough to justify the financial implications, the chaos over the Constitution and the effect on his government’s reputation?
Akosita’s court appearance tomorrow morning will determine the next chapter of this sorry saga.
A Tongan student at USP tested positive for Covid-19 in Fiji, Tonga’s Minister of Education Hu’akavameiliku told Parliament this morning.
Education Minister Hu’akavameiliku. Photo/Facebook
He said the person was in stable condition but gave no further details.
Fiji media said 312 positive COVID-19 cases and four related deaths had been recorded today, Tuesday 29.
As Kaniva News reported in May, a Tongan man was tested positive for Covid-19 and was quarantined in Nadi after arriving from Auckland.
Fiji was recording hundreds of daily cases and the numbers would only increase if everyone in Fiji doesn’t get on board to help beat the virus, said public health expert Dr Api Talemaitoga.
Taleimaitoga, an Auckland-based general practitioner who has been a part of New Zealand’s Covid-response efforts, told Stuff New Zealand Fijian health authorities are already struggling to contain the virus.
Talemaitoga said he was particularly concerned about the spread of misinformation about the virus and the vaccine on Fiji’s social media.
“The messages spreading on social media, that the virus is made up, the vaccine is something else – it’s just the … the enemy is the virus and the vaccine is the layer of protection they need,” he said.
“People are just not taking public health advice seriously, and it’s really disappointing. There is no cut-through, a lot are heeding advice, but there are still a lot that don’t want to follow or understand what that means”.
A government interim committee is in charge of preparing Tonga’s rugby league team for the October world cup tournament in England.
PM Pōhiva Tu’i’onetoa. Photo/Kalino Lātū
The committee was set up in May this year with the help of the Asia Pacific Rugby League (APRL).
Known as Interim Management Group (IMG), the committee undertook to do its best to restore the sport after a long-running battle over governance, money and a threatened player boycott.
The committee is working to select players and a coach, the Prime Minister said in a statement this afternoon.
The IMG members are:
Chairman : Prime Minister Pōhiva Tu’i’onetoa
Deputy Chairman and Treasurer : Minister for Finance Tēvita Lavemaau
Secretaries: Chief Secretary Edgar Cocker and Jeremy Edwards (from Asia Pacific Rugby League)
Action Committee members: Minister for Labour Tatafu Moeaki, CEO Dr Fotu Fisi’iahi, Scott Clark and Gareth Holmes.
The revelation came after the Court of Arbitration for Sport (CAS) has dismissed Tonga National Rugby League’s (TNRL) appeal against its expulsion from the global governing body in April.
The TNRL was expelled from the International Rugby League (IRL) in March last year.
The Asia-Pacific Rugby League Confederation last year endorsed the bid by a rival body, Tonga Ma’a Tonga Rugby League (TMTRL), for full IRL membership.
The revelation also came after TMRL president Lord Fakafanua previously said he would welcome it if TNRL and TMTRL were merged.
“TNRL is a separate entity with Mate Ma’a Tonga. I would welcome the restoration of TNRL and Mate Ma’a Tonga on the international stage but this is a conversation that must be initiated between TMT and TNRL”.
However, in May APRL said it was taking the lead on the future of Tonga’s international membership.
It said there is no requirement for an IRL member to be in place in time for the Rugby League World Cup but an entity must sign the tournament participation agreement.
It also said discussions were already underway with the Tonga government, the national team management and TMT.
The IRL also said it received a letter from the PM Tu’i’onetoa, and “there was a commonality of purpose in what both parties want to achieve”.
A petition to impeach fraudster Cabinet Minister Akosita Lavulavu is still in the hands of the privilege committee members, the Opposition Party Leader Semisi Sika said.
Akosita and her husband ‘Etuate Lavulavu are set for sentencing this Friday July 2 at the Nuku’alofa Supreme Court at 10am.
The Lavulavu couple had been found guilty after they plundered more than half a million pa’anga of the government school grant scheme.
They were convicted for using student numbers they knew were false to apply for government grants.
“This is an example of the worst sort of dishonesty,” remarked Justice NJ Cooper in his verdict.
“The conduct of these defendants would be disgraceful in anyone, but for a member of cabinet, and a man who used his political connections and position to facilitate these frauds, goes beyond just criminally reprehensible,” he said.
In 2015 a petition was submitted to impeach the then Infrastructure Minister ‘Etuate Lavulavu after he was accused of misusing and mismanaging government funds and nepotism.
Akosita has been placed on leave awaiting his sentencing.
Prince Ata’s claims in front of Cardinal Mafi at a Catholic Church event that a kava club on his estate was misappropriating money have split the community.
Prince Ata. Photo/Supplied
Ata, who was sitting next to the Cardinal, began yelling the allegation, while a speaker was announcing a list of donors who had helped build a new presbytery in Kolovai. One of the donors announced was Toa Ko Pouvalu kava club.
The club is on Prince Ata’s Kolovai estate. Traditionally it belongs to the royal.
The Prince claimed the Toa Ko Pouvalu club had misappropriated money.
The Prince was guest of honour at the official opening of the presbytery last week.
Livestreamed video of the incident appears to show the Cardinal reacting with surprise to the allegations.
The Prince then turned to the Cardinal and appeared to be trying to clarify his claims.
The Prince raised his right hand and shouted in Tongan “nau kai pa’anga nautolu ia,”which roughly translates into English as “they misappropriated money”.
Some guests can be heard laughing, apparently in support of the Prince.
The video of the event was widely shared on Facebook by many Tongan groups and individual Facebook accounts.
One group known as Tonga Felafoaki racked up 1,100 reactions, 111 comments and 582 shares.
It is not known what triggered the Prince’s outburst.
Mixed reactions
Public reactions have been mixed, with people living at the Prince’s estate of Kolovai and its Hihifo vicinity jumping to the royal’s defence and saying he was just making a joke.
“We still stand by our Prince. We are getting used to his way of having fun with his people,” a commenter wrote on Facebook in Tongan.
“It was just his sense of humour,” one said.
“Yep that’s Ata,” another said.
However, critics said it was extremely disrespectful of the Prince to make such an allegation during a church function in front of the head leader of the Catholic Diocese of Tonga and Niue.
“It was rude of him to make such an allegation while the function was livestreamed,” a critic wrote.
“That’s not how a Prince should behave in public”, another said.
Some supported the Prince and said it was good of him to be frank and make such allegation as a deterrent for those who appear to be corrupt.
Prince Ata and the Mormon church
In 2014 His Majesty King Tupou VI sent the then Prime Minister and soldiers to a church in Haveluloto to persuade the Prince to stop a baptism ceremony that would have made him a Mormon.
However, the following year, the Prince was baptised as a Mormon in Hawai’i without the king’s knowledge.
Prince Ata is the king’s second son and fourth in line to the throne. His birth name is Prince Viliami ʻUnuaki-ʻo-Tonga Lalaka moe ʻEiki Tukuʻaho.
The king later appointed him the chiefly title Ata which entitled him to the estate of Kolovai and the island of ‘Atatā.
The eldest brother of a man who was allegedly murdered during stabbing incidents in Blenheim, New Zealand has recalled the day he received the news.
Hiko Lynch. Photo/Supplied
Hiko Junior Lynch, 23, was allegedly stabbed on Market St just after 3am on Sunday 20.
Police said the altercation was between Rebels gang members, from outside Marlborough, and Recognised Seasonal Employer (RSE) workers.
The deceased eldest brother Māteni Lynch said this evening the news of his young brother’s death was too much to bear.
“It was so difficult for me when I am thinking about the reason of why we came here to New Zealand to work to help our family back in Tonga”, Mateni said tearfully.
Mateni Lynch. Photo/ Kaniva Tonga News
He was speaking as part of a night of prayer and tributes organised by his maternal family this evening in Ōtara.
Māteni said they have seven siblings and Hiko was of a “special character”.
Māteni was emotional and said “it was today last week I received the shocking news”.
Some young members of the family took the microphone and said they did not know how to express their love for Hiko in words, but they wanted to speak as long as they can say something to honour him.
“I am not really familiar with Hiko but I feel our relationship in my blood (“ongo e toto)”, a cousin said.
Māteni and Hiko’s maternal uncle Uilou Fungavaka who conducted the prayer service told the family Hiko’s death has united them.
A woman who identified herself as ‘Amelia Pasina Lavaki said she was from the paternal side. She said some people wanted to know why do the paternal family have the English surname Lynch.
She said an Irish man named James Michael Lynch married a Tongan woman in Vava’u and they were their great grandparents.
Rev Talanoa Afu said the grieving family should accept the fact that Hiko has been called by the heavenly father. He shared a chapter from the scripture which was written by prophet Joel of ancient Israel before he told listeners there was a time to weep and a time to laugh, a time to mourn and a time to dance.
Hiko was out celebrating a friend’s birthday when he was allegedly fatally stabbed in central Blenheim. Two men from outside the region have been jointly charged with murder.
Two men who survived the alleged knife attack that killed their friend Hiko at the weekend have been released from hospital.
Hiko and Māteni had been working in the horticulture and viticulture industries through the Recognised Seasonal Employer (RSE) scheme, set up in 2007 to help New Zealand employers hire workers from overseas when they were unable to employ enough Kiwis.
Māteni was not with Hiko when he was allegedly killed and they had been working for two separate companies.
Hiko worked for Hortus company. The company has set up a Givealittle page which has had more than $14,000 in donations for Lynch’s family by Sunday 27.
Hiko had been in New Zealand since 2019 working in the horticulture and viticulture industries. He hadn’t been able to return home between seasons because of the coronavirus pandemic.
His body arrived in Auckland from Christchurch on Friday and the paternal and maternal families were taking turns hosting the prayer evenings since then before his body will be flown back to Tonga on Wednesday.
John Paul Chapman resigned Friday as director of Tonga’s Utilities Board amid what Prime Minister Pōhiva Tu’i’onetoa has alleged as ” incompetence, neglect of duty, misconduct, or failing to assist the public enterprise to act in accordance with the principal objective.”
John Paul Chapman
Chapman has denied the allegations.
In a letter from Tu’i’onetoa to Chapmain on June 11 seen by Kaniva News the Prime Minister in his role as Minister of Public Enterprises told the former director he “owed a duty of care” to Tonga Power Ltd (TPL).
“You failed to advise the TPL Board about the Trust’s decision on the 17th December, 2020 to pay out the retirement funds entitlements up to 30 June, 2020 to the employees despite repeated requests by the Board for your advice on the status of the Trust funds;
“To date you have missed 4 TPL Board meetings and that you have indicated your willingness to voluntarily resign provided that you be paid the full director fee to the end of your appointment.
The Prime Minister then gave Chapman 14 days to reply to his accusation if not he will dismiss him according to the Public Enterprise Acts.
Chapman’s response
In denying the Prime Minister’s allegations Chapman said: “Needless to say I do deny all
(L-R) Prime Minister Pōhiva Tu’i’onetoa and Tourism Minister Akosita Lavulavu
the allegations however I am very sorry and embarrassed about the situation.
“I do not wish to waste your time and energy on discussing issues that I believe are motivated by other factors. And regardless – these issues are beneath your status as a Minister and Prime Minister and I have been embarrassed by our Chairman and our board’s continued focus on non value adding issues”.
Change of heart
After the e-mails between the Prime Minister and Chapman were leaked to media the Prime Minister remarkably changed his tune.
In a statement from the Prime Minister’s Office yesterday, Tu’i’onetoa said Chapman has requested to resign for personal reasons due to his intended overseas travel to his family.
“Mr. Chapman’s request, has been accepted with no cause or allegations against him or vice versa, by any Utility board, by the Tonga Power Ltd (TPL) Trustees or TPL Retirement Fund or by the Ministry of Public Enterprises”, the Prime Minister said.
Push to terminate Chapman
Leaked emails seen by Kaniva News appear to show that TPL Chairman Dr Aisake Eke and Board member Ipolito Lasalo allegedly wrote to the Prime Minister and recommended terminating Chapman’s directorship in February despite auditors reporting that everything was working correctly under Chapman’s directorship.
The emails also appear to show that KPMG audited the Tonga Power “Trustees Account annually and issued clean bill of health up to 30 June 2020”.
At the direction of the Board for a second audit, “Tonga Audit Office was engaged to audit the board’s retirement fund from the period 1 July 2020 to 31 January 2021 and once again issued a clean bill of health”.
Hautā’ulu, 69, a leading member of Talafale royal undertakers has died in Australia.
Hautā’ulu. Photo/Supplied
Known as nimatapu (sacred hand) the undertaker died on Friday 18 June.
The Tongan community in western Sydney gathered at the Tokaikolo Christian Church in Granville to pay their respects and left donations.
His body will be laid to rest tomorrow Saturday 26 at Rookwood Cemetery.
Talafale royal undertakers are tasked with preparing Prince Tu’ipelehake and his family’s dead bodies for burial and making arrangements for their funerals.
He wrote a heartfelt message for Maikolo in Tongan: