The man who led police on a chase into a bush allotment near Tu’atakilangi was given full suspension of his imprison term after he was charged with two counts of possession of illicit drugs.
Ue’ikaetau Tapa’atoutai must not commit any further offences punishable by imprisonment during the period of suspension.
He has to be placed on probation, undertake and complete the drugs and alcohol awareness program by the Salvation Army and complete 40 hours of community work under the direction of the Probation Officer.
In his second arraignment, Tapa’atoutai pleaded guilty to both counts of possession of illicit drugs namely 0.08 grams of
methamphetamine and possession of a Class B drugs namely 0.43 grams of cannabis.
The Supreme Court was told that on 3 February 2020, officers of the Drug Enforcement Taskforce were returning from Tofoa after responding to a drug related matter.
On their way back to the Nuku’alofa Police station, they drove through a short cut into Tu’atakilangi to get to the Bypass Road.
They saw the Accused walking towards them and when they slowed down the accused turned and ran.
Suspecting that the accused had something unlawful on him, the police chased after him.
As he was running, the accused threw something into the bushes before he was caught and brought back to the vehicle.
The police searched the area where the accused had thrown something into and found one test tube containing one pack of cannabis and one pack of methamphetamine.
Sentencing Tapa’atoutai, Justice Langi said that on the count of possession of a Class A drug the accused is convicted and sentenced to 6 months’ imprisonment.
On the count of possession of a Class B drug the Accused is convicted and sentenced to1month
imprisonment to be served concurrent to Count 1.
“The sentence is fully suspended for 12 months”.
“As requested by the Crown, I further order that all illicit drugs seized from the accused be destroyed,” Justice Langi said.
Government schools across Tongatapu and ‘Eua have closed for Tuesday, Feb 9 as Tropical Depression 09F could develop into a tropical cyclone west of the Niuas.
Tropical Depression 09F tracking map
Tonga Met Services said this morning at 6am that a gale warning is now in force for all of Tonga land areas and coastal waters.
It said a heavy damaging swell warning is now in force for all of Tonga coastal waters.
A heavy rain warning and flash flood advisory remain in force for all of Tonga land areas.
A small craft advisory remains in force for all of Tonga coastal waters.
“Please note all government primary and secondary schools in Tongatapu and ‘Eua are cancelled today due to the heavy rain resulting in flooding in some low lying areas,” the Ministry of Education and Training said in statement this morning.
“No cancellation of primary and secondary schools for Ha’apai, Vava’u, Niua Toputapu and Niua Fo’ou, they will continue school as usual for today.
“Teachers will report to work at their respective schools.”
Tonga have added another week to its mandated 14-day Covid-19 living in a managed isolation facility for repatriated passengers, MEIDECC CEO Paula Ma‘u told Matangi Tonga online.
Tanoa International Hotel, one of the managed isolation facilities in Tonga. Photo/MOH
The new variants of Covid-19 and increasing issues raised about repatriated nationals being sent to home isolations after their 14-day living in managed isolation facilities have led the government to introduce the new measure.
Meanwhile all 114 international passengers who arrived in Tonga on February 4 have tested negative for covid-19.
However, passengers of the upcoming repatriation flights will be quarantined for 21 days at the managed facilities.
“Now all 21-days will be carried out at quarantine, there will be no more home isolation,” Paula local news media.
“This is extra measure for the outbreak of Covid-19 variants already in Australia and New Zealand and to strengthen monitoring.”
He said there had been various issues with home isolation.
A new law in Tonga that would address the use of any communication platform to abuse, harass or otherwise harm another is awaiting the king’s signature to become law.
The Royal Palace in Nuku’alofa
The Prime Minister Pōhiva Tu’i’onetoa told local radio FM 89.5 recently the Legislative Assembly has passed the Bill and it is now still at the king’s office.
As Kaniva News reported previously, Tu’i’onetoa said the government wanted to make it an offence to post content that’s offensive, threatening, defamatory and that caused distress.
He said the so-called Internet Abuse Offences legislation was “a very important bill for the poor people of the nation.”
He said people had been bullied and intimidated on social media by others creating fake Facebook accounts to hide their identity.
The Prime Minister’s revelation came after another Bill the government said last year was aimed at gagging Tongan civil servants on criticising the government.
As we reported in November this was part of an attempt by the government to limit the right of civil servants to freedom of expression, even, apparently, when they are speaking in a completely private capacity.
Attorney General Linda Folaumoetu’i reportedly said civil servants could be punished under the law for defamation in writing or emojis.
The law can be used against civil servants who support a group on social media whose political views go against the government and could cause disorder.
Mrs Folaumoetu’i said civil servants must maintain high standards of behaviour and treat political and civil service colleagues with respect.
Prime Minister Jacinda Ardern has today described arriving home from Waitangi to find a letter from US President, Joe Biden, wishing the country well as it commemorates the historic signing of the Treaty of Waitangi.
Prime Minister Jacinda Ardern (left) and US President Joe Biden. Source: Getty
“Just got home from Waitangi to find a letter from President Joe Biden to mark Waitangi Day,” Ardern said in an Instagram post.
“Given it was intended for everyone, I thought I’d share it here,!” she said in her post.
“Dear Prime Minister. The American people join me in offering warmest regards to the people of New Zealand on the occasion of Waitangi Day on February 6,” the letter from Biden read.
“New Zealand is one of our closest friends and partners. The unbreakable bond we share was established when the first US Consul to New Zealand was on hand to witness the signing of the Treaty of Waitangi on February 6, 1840.
“We have since partnered together to build the multilateral framework that benefits our nations as well as the global population. I look forward to strengthening the US- New Zealand relationship and cooperating to overcome the greatest challenges of our time…I have fond memories of my trip to your country in 2016 when New Zealand’s legendary reputation for friendliness and hospitality was on full display.
“I wish you and all New Zealanders well on this Waitangi Day. Sincerely Joseph R Biden.”
Biden touched down in Auckland for a brief visit in July 2016, when he was then vice president to Barack Obama.
He met with then New Zealand Prime Minister John Key as part of America’s renewed focus on the region.
This RNZ.co.nz news is republished with permission
Dr Giulio Masasso Tu’ikolongahau Paunga has been appointed acting Vice-Chancellor of the University of the South Pacific following a full day USP Council meeting today.
Dr Giulio Masasso Tu’ikolongahau Paunga. Photo/TBC
Paunga, who currently holds the position of Deputy VC Regional Campuses, Estates and Infrastructure, was appointed today following the deportation of Vice-Chancellor Professor Pal Ahluwalia.
Professor Aluwhalia and his wife were arrested at their Suva home on Wednesday night, told they were deemed a threat to the Fiji public, and swiftly deported to Australia.
The USP Council has this afternoon released a statement saying they were not consulted over Professor Pal Ahluwalia’s deportation.
The Council states that it has not dismissed Professor Ahluwalia and expressed disappointment that it was not advised, as his employer, of the decision by Fiji’s government to deport him.
The Council has established a Sub-committee, chaired by the President of Nauru including the Council Representatives of Australia, Tonga, Niue, Solomon Islands, Samoa and two Senate Representatives to look into matters surrounding the controversial deportation.
The meeting today also discussed the possibility of a Vice-Chancellor being based in and operating out of another country apart from Fiji.
The sub-committee is to bring recommendations on these matters to the Council as soon as possible.
The Commissioner of Police has suspended a Senior Police Constable in Vainī from his duty after being charged with child abuse, domestic violence and cruelty to children.
A Tongan Police officer. Photo/Kaniva Tonga
The 34-year-old father was arrested on Wednesday after he allegedly committed the crimes on his nine-year-old son on Monday.
Police Commissioner Stephen Caldwell said the child is now in a safe place.
“Tonga Police is committed to reducing the harm of family and domestic violence. We therefore recognize that first we must set a high standard for responding and investigating family and domestic violence by ensuring systems, resources and people are continuously developed to effectively meet the drivers of family and domestic violence.”
The accused remains in police custody to appear at the Magistrate’s Court on a later date.
The incident came after a woman was arrested and charged with assault, abuse and causing bodily harm related to an alleged severe abuse of her female toddler last month.
At the time, Police removed the child from her mother and placed her in the care of a family member.
British prosecutor and lawyer Nicholas Cooper has been made a Supreme Court judge.
Justice Nicholas Cooper
The Registrar of Supreme Court announced the appointment of Cooper this afternoon.
“Privy Council approved the appointment of MR Nicholas Cooper of the United Kingdom as a judge of the Supreme Court of Tonga,” it said.
“The Lord Chief Justice has directed that on 1 March 2021 commencing 10am a ceremony is to be conducted in Court 1 to welcome Hon Justice Cooper and to farewell the Hon. Acting justice Langi.”
Acting Judge Langi will complete her current appointment on 26 February 2021 and return to service as a Senior Magistrate with enhanced jurisdiction in that court.
Prior to his appointment, Judge designate Cooper was a member of 15 New Bridge Street Chambers in London where he practised in criminal defence work and more recently as a Level 3 prosecutor.
He has specialised in a number of areas of criminal law including financial crime, large scale Class A drug supply by criminal gangs and corruption in public officials.
A senior academic staff member at the Auckland University of Technology wants the vice chancellor to resign following a scathing report into bullying.
Photo: RNZ / Claire Eastham-Farrelly
The review heard more than 200 complaints of bullying and found evidence of sexual harassment by eight former staff.
It said some employees had been so severely affected they had been forced to take stress or sick leave, and had cried during interviews.
The staff member, who RNZ agreed not to name, said there was a culture of bullying at the university.
“When I was enquiring about the head of another school, and who that person was, and you know, just out of curiosity really, and the answer I got from one person was ‘oh that person’s all right, she’s very easy to shout down’.
“Meaning that if you have a disagreement with that person, if you raise your voice they back off.”
The culture had also affected wider decision-making, said the staff member, because senior leadership were used to ignoring problems.
That had become evident when the university announced it would restructure the academic year into shorter course blocks because of Covid.
This was despite early warnings the changes would not work.
“You can’t do block courses when you have a whole load of people, how can I put it? A whole load of people already signed up to do a course.
“Then you’re going to change their weekly courses to block there will be too many timetable clashes for this to be marginally practical.”
Despite these early concerns being raised by staff, the university went ahead before backtracking amid a student outcry, the staff member said.
Bullying had been highlighted in a number of past surveys, but AUT had ignored them “so it isn’t coming out now, it’s been happening for quite a long time,” they said.
“You don’t get a working culture this impregnated with a bullying managerial style overnight. It takes a few years to develop.”
The staff member said the only way AUT would ever change its culture would be to ensure some level of accountability.
“And the people that are at the top, that have been ignoring this for so long probably need to be stood down or replaced…”
“I would say that includes the vice chancellor, I would say that includes a number of people in human resources that have ignored complaints, and I would also think that many of the deans would need to be looked at.”
In a statement released with the report, AUT Vice-Chancellor Derek McCormack said he and the university’s council accepted the findings.
“In response to these findings, on behalf of the university and personally, I want to apologise to all those past and present who have been subjected to bullying or other forms of harassment,” he said.
“As a university, we should have done better and my commitment as vice-chancellor is that we will do better starting today.”
‘Systemic problem’
AUT economics professor Rhema Vaithianathan, a spokesperson for Stop Sexual Harassment on Campus (SSHOC), said the report held no-one to account.
Vaithianathan said there were women at the university at the moment feeling bullied because of harassment complaints they had tried to prosecute in the past.
“So this ‘lets move on, it’s a new day, it’s a new system’ doesn’t wash when people feel like they haven’t had justice.
“People who right now, today, feel they haven’t had justice first need to have justice, and then we can move on to a more just system.”
The independent review found evidence of sexual harassment by eight former staff. The report said badly-performing staff were moved to other roles, promoted or “moved sideways” rather than the university tackling their problems.
“The fact that eight people have left is no comfort to us because we represent all universities in the country and we feel that the solution cannot lie in individual universities getting rid of people,” Vaithianathan said.
“I do think there is a systemic problem.”
A national independent body commissioned to hear complaints, both from university students and staff, document them and follow up on those, was sorely needed, she said.
A meeting is expected to be held in Nuku’alofa next week to discuss concerns over new road safety measures the government signed into law in October 2020.
(L-R) Chief Magistrate Folau Lokotui, Attorney General Linda Folaumoetu’i and Minister of Infrastructure and Transport ‘Akosita Lavulavu
The Attorney General Linda Folaumoetu’i will meet the Chief Magistrate Folau Lokotui, major stakeholders and the Ministry of Police as well as the Ministry of Infrastructure.
Hon Folaumoetu’i has confirmed to Kaniva News this morning she was contacted by the Chief Magistrate regarding the penalty of infringement notices.
“His view is that he has no discretion to impose fines lower than $500 if it comes to Court,” Folaumoetu’i said.
“We are going to meet with the Magistrate (or his representative) and major stakeholders, Police, Ministry of Infrastructure to discuss this issue sometimes next week.”
Responding to previous criticisms against the law, an authority reportedly said people who had been fined have rights to defend themselves in Court.
They claimed the courts will then decide the exact amount of money for them to pay after considerations of their circumstances and defences.
The Chief Magistrate did not think so and the meeting next week is expected to resolve the concerns.
The new law, which was introduced by the Minster of Transport ‘Akosita Lavulavu included the compulsory wearing of seatbelts, made the use of mobile phones while driving illegal and mandated that cars cannot be used without a registration plate.
Children must also be seated when a vehicle is in motion, and they can no longer sit on the driver’s lap.
Playing loud music, extreme tinting and the addition of blinking, colourful or distracting lights have also been prohibited.
At the time, Hon. Lavulavu said the laws would make Tonga’s public roads safer.
The deadliest year on the roads in the past 10 years was 2018, with 21 deaths.
“The Traffic Act 2020 and the Roads Act 2020 have long been discussed and consulted on with the public and by the government during its passage through the legislative assembly,” the Ministry of Infrastructure said.
This is a copy of the infringement notice published by the Attorney General office website
Criticisms
The law had been widely criticised by the public from the outset both in the local news and social media.
The gist of the condemnation has been that while the vast majority of people in Tonga owned vehicles, they did not have sources of income.
Critics cited sources from police who claimed most fatal accidents in Tonga were caused by speeding and drink driving.
Late last year photos of vehicles in Ha’apai shared on social media showed pick up vans full of people standing in the back while the vans were moving.
This was typical in December when villages only had pick up trucks to transport their supporters and players during the basketball season.
Commentaters on Facebook have asked what the government could do for these passengers and drivers of the Ha’apai pick up when the law for seatbelts was already in place.
Some believed the seatbelts law did not consider the fact that pick up trucks had been used to transport people in Tonga for a long time. They claimed that these vehicles appeared to have rarely been involved in road accidents.
Supporters of the law said if all drivers and passengers followed what the law stipulated Police would hardly fine anybody.
Photo of pick up vans full of people standing in the back while the vans were moving across Foa Island causeway in Ha’apai. Photo/Facebook
FAKAMATALA FAKA-TONGA
Fakahā ‘e he ‘Ateni Seniale’ Linda Folaumoetu’i ki he Ongoongo ‘a e Kaniva’ te ne fakahoko ha fakataha mo e Fakamaau Polisi Pule’ pehē ki he Potungāue Ki he Fefononga’aki’, Polisi mo kinautolu poupou ‘o e lao’ ni fekau’aki mo e hoha’a ki he totongi kuo hilifaki ‘e he pule’anga’ he’ene lao fo’ou 2020 ki he tulēfiki’, fefononga’aki’ mo hono ngāue’aki ‘o e me’alele’. Pehē ‘e Folaumoetu’i kuo ne ma’u ha fetu’utaki mei he Fakamaau Polisi Pule’ Folau Lokotui fekau’aki mo ‘ene tokanga ki he mafai ‘o e fakamaau’anga’ ke fakasi’isi’i ‘a e ngaahi tautea kuo tu’utu’uni ‘e he lao’ ni. ‘I he faka’uhinga ‘a Lokotui ‘oku ‘ikai ha mafai ‘o e fakamaau’anga’ ke toe holoki ‘a e tautea’ hangē ko ia ‘oku taukave’i ‘e he kau ma’umafai ne nau fakapaasi ‘a e lao’ ni. Pea ko e fakatātā mahino hangē ko e mo’ua ki he ta’efakama’u ‘o e leta’ ko e tautea ki ai ko e $500. Ne tui e Potungāue Fefononga’aki’ ia ko e mahu’inga ko ia’ ‘i he’ene tu’u ‘a e lao’ ‘e ala holoki ia ‘e he fakamaau’anga fakatatau ki ha taukapo ‘e fai ‘e ha taha kuo mo’ua ko e ta’eleta. Kuo ‘ikai tui ‘a Lokotui ‘oku ‘i ai ha mafai pehē ‘o e fakamaau’anga’ ka ko e pau pe ke totongi ‘a e $500 pea kuo ke ne fokotu’u atu ki he ‘Ateni Seniale ke fai hano vakai’i ange e lao’ ni. ‘E solova ‘a e hoha’a ko ia ‘i ha fakataha mo e ‘Ateni Seniale’ he uike kaha’u’. ‘I he’ene tu’u lolotonga’ ‘oku mamafa ange totongi ta’eleta ‘a Tonga’ ‘i Nu’u Sila. ‘Oku $150 Nu’u Sila ha tautea ‘o ha taha faka’uli ta’eleta ka ma’u kinautolu ‘e he polisi’. Ka liliu Tonga e $150 ko ia ‘e fe’unga mo $248. Kei fu’u mamafa ange pe totongi ‘a Tonga’. ‘I Nu’u Sila foki oku tuku mai ‘aho ‘e 28 ke totongi ai ‘a e mo’ua. Ka ‘ikai totongi ‘e tuku mai e tohi fakatokanga mo e toe ‘aho ‘e 28 ke totongi ai. Ka ‘ikai pe totongi pea ‘oku ‘ave leva ia ki he ngaahi kautaha ‘eke mo’ua’ ke nau ‘eke pea ‘oku fa’a toe hilifaki atu ai ‘a e totongi tautea foki. Ka ka ‘oku faingata’a’ia ‘a kinautolu kuo tautea’i ki he ta’eleta’ ‘e lava ke nau kole ki he kau tānaki mo’ua’ ke tuku mai ha taimi lōloa ange ke tātā fakafoki ai ‘a e mo’ua’ ‘o fakatatau ki honau tu’unga malava fakapa’anga’. Kapau ‘e ‘i ai ha tāla’a ki he tautea ‘oku hilifaki ki he ta’eleta’ ‘oku malava ke te fetu’utaki ki he kau ma’umafai ke solova ‘eni pea ka ‘ikai ‘oku ‘atā he lao ‘a Nu’u Sila’ ke te ‘ave kau polisi’ ki he fakamaau’anga’ ke ‘eke ai ‘e te totonu’.
