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Name of Grace Millane’s killer made public, other sex attack convictions revealed

By
Kaniva Staff
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This story was originally appeared on TVNZ and is republished with permission 

The name of the Auckland man who murdered British backpacker Grace Millane can finally be revealed as Jesse Shane Kempson.

It can now be revealed that Jesse Shane Kempson also sexually violated two other women he met on Tinder. Source: 1 NEWS

Earlier this year the 28-year-old was sentenced to life in jail with a minimum non-parole period of 17 years, after strangling Millane to death the night before her 22nd birthday.

Until now, his identity’s been suppressed, partially due to further trials he was facing involving sex charges against two other women he met on Tinder.

1 NEWS
Grace Millane Source: 1 NEWS

We can now report that Kempson has been found guilty on all of those charges, including sexually abusing, physically assaulting and threatening to kill a former girlfriend.

In October she told the High Court: “Whenever he got angry, and something inside of him snapped, he would go straight to the kitchen, get one of those knives, and hold it to my throat.”

The woman first went to police in April 2017, seeking a protection order against Kempson.

Police kept her complaint on file and contacted her when Millane went missing 20 months later.

Last month she told the court, “I didn’t want to bring up my past again, but I also wanted the truth to be out about who Jesse is and the pattern of behaviour and how this whole thing could have been avoided. It really could have.

“I was Grace’s voice and I will be Grace’s voice,” she said.

In a separate trial Kempson was found guilty of raping a woman on their first and only date.

She told the court last month: “I was just frozen and I let him do what he needed to do so I could try and go to sleep or go home as soon as possible.”

An Official Information Act request by 1 NEWS shows Kempson has cost the taxpayer close to half a million dollars in legal aid costs for his three cases.

More than $400,000 of that is from his murder case.

Appeals are ongoing so the overall cost is not final.

It’s now been more than two years since Kempson was arrested for Millane’s murder.

Law expert Chris Gallavin said, “This is an interesting case for name suppression because normally you have name suppression in the context of protecting the identity of the victims or the family members of the perpetrator… in this circumstance, it’s actually name suppression to protect the fair trial rights of the accused”.

“At the time that the Grace Millane trial occurred, he had name suppression because they needed to protect his anonymity for the fair trial rights for the charges that were yet to come.”

However, even when Kempson elected to be tried by judge alone in his other cases, the name suppression remained.

Gallavin said, that was “because of the possibility the Millane charges might be appealed… there might have been a new trial and if a new trial a new jury would need to be pulled from the public and then the court was aware they didn’t want members of the public knowing he was to face what was quite simply a raft of charges”.

Questions are now being asked about whether a jury should be allowed to know.

Gallavin said, “It might be time to relook at that”.

Kempson’s been sentenced to 11 years in prison for his other convictions, but that will be served concurrently with his penalty for murder.

The killer’s name suppression was set to lapse last Friday, when the Court of Appeal dismissed his appeal against his murder conviction and sentence.

However, the Supreme Court issued an order for interim name suppression after a last minute notice of appeal from his lawyer.

The Supreme Court today has allowed his name to be finally made public.

Auckland-based contractor considering legal action against Tongan government over claims it failed to pay equipment shipping costs

By
Kalino Latu
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Sione Foaki Fifita (Left) and Finance Minister Tēvita Lavemaau

A New Zealand-based Tongan company is considering suing the Tu’i’onetoa government after it allegedly refused to pay cargo freight fees.

Tripac International Ltd which is also known as Friendly Islands Freight Ltd claims the government owes it more than TP$100,000 after it shipped heavy machinery from New Zealand to Tonga.

The equipment belongs to owner New Zealand-based Tongan Sione Foaki Fifita and his company Pacific Works and Civil Contractor.

Tripac held the equipment at its facility at the Queen Salote wharf when it arrived in Tonga because Mr Fifita wouldn’t pay for the freight.

It has been claimed the Minister of Finance contacted Tripac and asked the company to release the equipment with a guarantee the government would pay it afterward.

Tripac director Angina Finau told Kaniva News yesterday the government had not paid the money.  

However, he declined to make further comment, saying he did not want the issue to be reported in media. 

He said he was surprised when he heard the dispute had reached media.

Minister of Finance Tevita Lavemaau and Prime Minister Pohiva Tu’i’onetoa have been contacted for comment. Mr Fifita could not be reached for comment. 

Dispute

The move by Tripac came after critics and the government clashed in March after a letter purporting to offer government projects in Ha’apai’s main island of Lifuka to Mr Fifita surfaced.

The letter, which appeared to use the government coat of arm and the signature of the Minister of Finance Lavemaau, was dated March 12 2020.

Mr Fifita shared the letter online. Critics quickly re-posted it and accused the government of supporting Mr Fifita for the job while the tender process appeared to be still in progress.

Critics accused the Prime Minister of offering the bid to Mr Fifita, who lived in New Zealand, while there was a Tongan contractor in Tonga which could do the work.

They also blamed the Prime Minister for giving the bid to Mr Fifita because they came from the same village of Talafo’ou in Tongatapu.

“This is unfair to those businesses who are established in Tonga and have proven themselves capable to the job,” a critic said on Facebook.

Denial

The government denied the accusation at the time, saying it had not awarded the tender to Mr Fifita. It said Fifita had asked for the letter to facilitate his attempts in New Zealand to buy equipment and machinery if he won the bid for the Ha’apai projects.

The government said the same letter was given to other bidders for the same reasons.

The letter to Mr Fifita said: “I wish to inform you herein that the projects in the Ha’apai Island District are in the pipelines for completion of documentation to award to your company the total costs of which is Tongan pa’anga of $4.7 million.” The letter said the project was to upgrade the Foa causeway and Holopeka Road Connection and upgrade the wharf and seawall foreshore at the palace.

A statement apparently issued by the Minister of Finance at the time said all the bids for the projects had to be processed through the government’s legal procurement process.

The government accused Mr Fifita at the time of sharing the letter to Facebook.

Poor road work blamed for dramatic damage to Vava‘u roads as Cyclone Zazu hammers island

By
Kalino Latu
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Officials and locals in Vava’u have blamed poor construction for the level of damage caused to newly constructed roads by Cyclone Zazu last week.

A truck belonging to the Inter Pacific company was seen getting bogged on a newly constructed road in Ta’anea. Photo/Vāvā Lapota

The cyclone caused widespread erosion and flooding with winds gusting up to 120 kilometre an hour.

Flooding in Ta’anea overwhelmed some of the roads and washed away many of the rocks that have been used to construct them.

Some roads have been closed because vehicles cannot use them because of the damage.

Neiafu Town Officer Vāvā Lapota told Kaniva News the damage was huge.

He said Vava’u main island was mostly steep, which made it easy for rain to erode the roads because they were not sealed.

He said a heavy truck belonging to one of the rock suppliers – Inter Pacific Ltd, which is owned by ‘Etuate Lavulavu – was seen getting bogged on a newly constructed road in Ta’anea.

Some of the roads in Vava’u constructed under the Prime Minister’s multimillion roading project. Photos/Supplied

Lapota said another heavy truck from Inter Pacific became bogged in one of the roads in ‘Utulei after the cyclone and a loader was sent to pull it out.

Locals claimed there was no proper road drainage  and some of the roads did not appear to contain enough layers of rocks to withstand heavy vehicles.

They said roads constructed with only rock as a top layer would be unusable.

People commenting on photos of the Ta’anea damages uploaded to Facebook last week said this was a waste of money.

Kaniva News has asked the Minister of Infrastructure, ‘Akosita Lavulavu, for comment.

We have asked Hon. Lavulavu to tell us how the road engineering plan was designed to cope with Vava’u’s steep hills and vulnerability to tropical cyclones. We also asked her to tell us how much will it cost for the government to rebuild or repair the road damage.

The Prime Minister’s New Road Construction project has been criticised for being designed to benefit Cabinet members and the Prime Minister’s People’s Party members.

It was announced to have cost taxpayers TP$300million. Hon. Tu’i’onetoa said the government had set the price at TP$70 for each truck load.

Opposition Leader Sēmisi Sika said the way money was allocated to the project would cause an economic disarray to the whole country.

Early this year, photos uploaded to Facebook by ‘Eua residents showed huge damage to the newly constructed roads after a storm struck the island.

Family ‘devastated’ after Kotu pastor’s body found

By
Sisi Latu
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Searchers have found the body of Pastor Silakivai ‘Ahoafi, who had been missing for nearly a day at sea.

Rev Silakivai with his sons. Photo/Facebook

Photos and video clips shared to Facebook appeared to show the family were devastated by the news.

The 49-year-old from Ha’avakatolo was serving the Free Wesleyan Church of Kofu island.

Police said Rev ‘Ahoafi had “drowned” while fishing at sea.

A jury has confirmed his cause of death, Police said.

As Kaniva News reported yesterday, Rev ‘Ahoafi went for a fishing trip with one of his sons before the incident happened.

Meanwhile, tributes are flowing for the “funny, free-spirited” pastor since yesterday.

Friends and family have shared their memories of him online.

“You always kept your listeners awake and laughing while delivering your sermons,” one person said on Facebook.

Another described him as a “special person” who always shared his fish with his people on his way from the sea.

Video clips appear to show his wife Tupou was overwhelmed with emotions and understandably devastated as the body of her husband was being carried by the searchers in what appeared to be a mat from the water.

Search continues for missing pastor in Ha‘apai islands

By
Sisi Latu
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The search for the missing fisherman pastor Silakivai ‘Ahoafi resumed at first light on Friday.

Pastor Silakivai ‘Ahoafi (Right) with his family. Photo/Facebook

The pastor and one of his sons went on a fishing trip in the Kotu island seas before the incident occurred yesterday, reports said.

Rev ‘Ahoafi was serving the Kotu Free Wesleyan Church of Tonga.

Family and friends of ‘Ahoafi have posted tributes and asking for prayers for his soul.

In 2018 Pastor Fifita, the Chief Minister of the Assembly of God church in Ha’apai, died at sea in Ha’apai while he was fishing with a brother.

Analysis: Does appointment of Lord Ma‘afu mean PM has lost trust in his independent Cabinet Ministers?

By
Kalino Latu
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Kaniva News Analysis: 

Lord Ma’afu was appointed Deputy Prime Minister by  the king yesterday after he was nominated by PM Pōhiva Tu’i’onetoa to replace former Deputy Prime Minister Sione Vuna Fā’otusia.

Lord Ma’afu. Photo/Tonga Parliament

The move could allow voters to see what is in the Prime Minister’s mind about the upcoming Vote of No Confidence. One of the views is that Tu’i’onetoa has  his trust completely in the seven Noble MPs after it was obvious that two of the Nobles are trapped overseas. Those seven, plus the Prime Minister and MP ‘Akosita Lavulavu make a group of nine. They only need four of the independent MPs to stay loyal to have the numbers to win the vote of no confidence when Parliament resumes in January.

The Democrats only needed two so they can win.

However, there is a question about whether Hon. Tu’i’onetoa still trusts the Independent MPs in Cabinet. The outgoing Deputy Prime Minister, Vuna Fā’otusia, was an independent. Why did the Prime Minister not appoint another independent MP to replace Fā’otusia? Fā’otusia joined the PTOA Party after he was elected to Parliament as an Independent MP, but before the recent premiership election, he joined the People’s Party and supported PM Tu’i’onetoa.

The question that arises is whether the appointment of Lord Ma’afu a show of Tu’i’onetoa’s distrust of his  Independent MPs and Ministers after Fā’otusia’s departure?

Hon Fā’otusia claimed in an interview last week with Kaniva that there were members in Cabinet who supported them and will vote for them. Without naming them, he said these Cabinet ministers did not agree with what the Prime Minister and Lavulavu have been doing for Tonga.

Fā’otusia and PTOA

Kaniva News understands that Hon. Fā’otusia and the nine PTOA MPs regularly held meeting after his resignation and the submission of no confidence motion. Nothing has been made public about any arrangements or who would be in their proposed Cabinet list. We can only speculate at this stage. Because Hon. Fā’otusia helped meet the legal requirement that 10 MPs submit the motion of no confidence, many people have speculated he would be the Prime Minister and Democrat Party Leader Sēmisi Sika would become Deputy Prime Minister.

Observers said if that was the case, it could be very hard for them to persuade any more independents from the government bench to join them. They will need to do some very clever horse trading if they want to win back some of the independents. One suggested outcome is that the PTOA and Fā’otusia would have to trade the Prime Ministership and Deputy position  to Hon. Tu’i’onetoa’s independents. If they gave the premiership to Siaosi Sovaleni and the Deputy role to Poasi Tei for example there would be a high possibility for them to get those two on side. Hon Tu’i’onetoa will also try his best to offer his independents the best deal. However, it appears that Hon. Tu’ionetoa could not step down and allow one of his independents to become Prime Minister, which would benefit the PTOA.

A warning has been posted on Facebook telling PTOA members to stop asking who their new ministers will be. Some PTOA supporters keenly want to avoid what they see as a repeat of previous mistakes where the Party failed to take the reins of power because the members fought each other for power and not for the Party to become the government of the day.

There have also been speculation that some of the Nobles could side with Hon. Fā’otusia and the PTOA when it comes to the vote of no confidence. Unfortunately, history did not support this. These kinds of rumours have been heard many times since the democratic reforms of 2010.

History shows that the Nobles have stuck together and supported the conservatives. They never support the PTOA or any democratic movements because it would put them in a position where they would be opposing the kings and the royals. Only Lord Ma’afu, who joined the ‘Akilisi Pōhiva government, did this. It happened because the late Hon. Pōhiva  wanted someone from the nobility to take the Ministry of Lands because there were sensitive issues in regards to the large blocks of lands in the country owned by the nobility and the royals.

Finally, one of the most important pieces of information the public would be interested to know is whether the PTOA Core Team has developed guidelines on how to act during a vote of no confidence and whether Hon. Fā’otusia would follow them. There is also the very important question of whether they would be going into the vote of no confidence under the PTOA banner or whether the former Deputy Prime Minister would expect the group to re-brand itself and institute new voting rules.

New Zealand spending $75 million to help Pacific nations access Covid-19 vaccine

By
Kalino Latu
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By Anna Whyte of TVNZ. This story is republished with permission

New Zealand is supporting the Pacific’s Covid-19 vaccine roll-out with a $75 million package to ensure the region has effective and fast access to immunisation.

1 NEWS
Nanaia Mahuta. Source: Q+A

It comes as the Government today confirmed it had purchased enough vaccines to cover the entire population of New Zealand and the Pacific.

Foreign Minister Nanaia Mahuta said a vaccine would be key to the region’s economic and social recovery.

“New Zealand is pursuing a portfolio of potential Covid-19 vaccines to ensure we have flexibility and choice in the fast-moving global marketplace,” she said.

“We want to make sure Pacific countries can also access suitable options, and have the support they need to run successful immunisation campaigns.”

New Zealand would buy enough vaccines to cover Realm countries of Tokelau, Niue, Cook Islands and also Samoa, Tonga, Tuvalu if the Governments want to take up the offer.

Associate Foreign Affairs Minister Aupito William Sio said New Zealand was best placed “to support these countries directly because of our constitutional relationships in the Realm, and the strong links between our health systems and our close people-to-people ties across Polynesia”

“We will also be scaling up existing health investments to enable us to play our part in vaccine roll-out.”

Accordings to Johns Hopkins University, Samoa has recovered two cases of coronavirus, while Tokelau, Niue, Cook Islands, Tonga and Tuvalu have managed to keep it out.

Lavulavu will not say who authorised him to speak regularly and publicly on behalf of Prime Minister Tuʻiʻonetoa’s government

By
Kalino Latu
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Who has authorised ‘Etuate Lavulavu to speak so regularly and publicly on behalf of the government?

In recent weeks Lavulavu has appeared to speak for the government during its processions for prayer and fasting around the islands, even going so far as to apparently make fun of the Prime Minister.

Kaniva News has asked Lavulavu to say who authorised him to speak on government matters. However, as he has done when we asked him for clarification of other issues,  he told us his answers were in interviews he made with Radio Tonga and 89.5 FM. Unfortunately, the questions we have offered him a chance to answer come from us, not the radio stations.

In Vava’u earlier this year there were complaints after convicted ex-Cabinet Minister Lavulavu interfered during Parliamentary meetings in Leimātu’a and Hahake districts and praised the government and its housing for the poor scheme.

Local people asked what his position in government was.

Last week in Vava’u, Lavulavu spoke almost everywhere the Prime Minister and his government delegates went to promote the Prime Minister’s taxpayer funded fasting and prayer service to combat Covid-19.

During a celebration in Tu’anekivale, Vava’u  last week, it was Lavulavu who introduced a donation and a Tongan entertainment item sponsored by Prime Minister Pōhiva Tuʻiʻonetoa, his family and members of his delegates. He was making jokes about the Prime Minister during his introduction which many observers felt showed how confident and close he was to  Hon. Tuʻiʻonetoa. They felt Lavulavu could  say anything he wanted in front of the Prime Minister and the Cabinet Ministers.

The Chief Secretary General and some of the Cabinet Ministers, including senior staff of the Prime Minister’s Office were there. Critics asked why a former Minister who was barred from Parliament after being found guilty of bribery was allowed to speak at an important event that was shown on Facebook as well as being  broadcast.

Lavulavu was known locally by the title “engineer” referring to what he did to create the People’s Party and how he managed to persuade some PTOA MPs to join it until  the new group outnumbered the PTOA Party in the premiership election after Late ‘Akilisi Pohiva died.

Lavulavu is regarded as having been instrumental in devising the government’s controversial multi-million roading policy. He has said publicly that the first question he asked the People’s Party at their first meeting was what their priority policy was. The Party answered it was the roading policy. Lavulavu said he applauded the Party for that as it showed they were on the right track.

Convictions

Apart from being convicted by the Tonga Supreme Court for bribery and by a US court for fraud, ‘Etuate Lavulavu is currently facing two frauds charges in the court of Tonga.

He and his wife Akosita, who was voted to represent his electorate after he was removed from Parliament and is currently responsible for the Ministries of  Infrastructure and Tourism, were charged with knowingly dealing with forged documents and obtaining credit by false pretences, after irregularities in an audit of the ‘Unuaki ‘o Tonga Royal Institute in 2016.

Lavulavu is also facing a lawsuit after he was accused recently of forging a landlord’s signature in Vava’u from whom he leased land.

In 2000 he was sued by Late Prince Tu’ipelehake for damages and unlawful cultivation of his land. Chief Justice Ward ordered Lavulavu to quit the land and pay $7,905 damages. Chief Justice Ward, presiding, was scathing about aspects of Lavulavu’s testimony during the trial,  saying “I felt he was willing to say almost anything that seemed to suit the moment with a repeated disregard for the truth.”

‘Ēpeli Taione convicted on drug cocaine possession charge

By
Kalino Latu
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The Supreme Court has found ‘Epeli Taione guilty of possession of illicit drugs.

His co-accused Kuliti Tongamoa, aka “Creed” was found guilty on two counts of supplying illicit drugs.

‘Epeli Taione (R) with wife Hon Lupepau’u Tuita Taione. Photo/Facebook

Taione, who was married to Princess Pilolevu’s eldest daughter was arrested after police executed a search warrant and took several people into custody in ‘Umusi in February.

Police found the former ‘Ikale Tahi player and former chair of the national rugby union board, sleeping in a room inside Tongamoa’s workplace.

Police seized Taione’s mobile phone and found a text message which read: “Koau eni mihi is Creed” (‘I am sniffing is Creed’).

The judge after making clarifications on the message and what she believed was an auto-correct mistake said the message intended to say “Ko au ‘eni mihi ‘ia Creed” which means “I am sniffing at Creed’s” workplace.

Both accused men pleaded not guilty to the offences and stood trial, local news media have reported.

Justice Langi said she was satisfied beyond reasonable doubt that the first accused Tongamoa supplied cocaine to Mr Taione.

She found Tongamoa guilty on one count of supplying 0.01 grams of cocaine.

Taione was found guilty on one count of possession of 0.01 grams of cocaine.

Both accused remain on bail and will be sentenced on February 19, 2021.

Meanwhile, a third person Tome Suasau was sentenced recently to eight months in prison, but Miss Langi suspended the sentence completely  because he had pleaded guilty and co-operated with the police.

 

Motion of no confidence reveals deep seated concerns about gov’t practices and procedures

By
Kalino Latu
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Media reports on the motion of no confidence have focused on Deputy Prime Minister Sione Vuna Fā’otusia’s concerns about what he sees as the undue influence of disgraced former MP ‘Etuate Lavulavu on the Prime Minister and the cost of the government’s prayer and fasting excursions to the outer islands.

Sione Vuna Fā’otusia, PM Tu’i’onetoa and ‘Etuate Lavulavu

Existing concerns about the roadworks schemes and the alleged failure of the government to address the plight of watermelon growers whose crops have been banned from entering New Zealand were also raised in the motion of no confidence.

However, the motion of no confidence raises a number of other issues that raise concerns about proper governance and procedure.

Resigned

Radio New Zealand reported last night that Hon. Fa’otusia had resigned. When asked  by Kaniva News earlier in the day whether he had handed in his papers, the Deputy Prime Minister would only say it would be “the decent thing to do.”

The motion was tabled by leading Democrat Sēmisi Sika and was signed by 10 MPs. It has been calculated that with two Nobles trapped overseas, the Democrats could topple the Prime Minister with fewer than a handful of votes.

Covid-19

In the motion of no confidence, questions are raised about the apparent lack of planning for Covid-19.

Despite promises in the Budget Statement that combatting Covid-19 was the government’s chief priority, no plan setting out actions to ensure safety for the people of Tonga had been brought to Parliament.

The motion claimed that a TP$39 million  “to fill in the gaps in the 2020/2021 budget” did not go through proper procedures. By law the government can only borrow TP$15 million a year in any financial year, the motion said.

A loan of $39 million “to fill in the gaps in the 2020/2021 budget” did not go through the normal processes.

A budget deficit of TP$20.6 million was funded from the Emergency Fund because of the TP$380m expenditure with a revenue of only TP$359.4m. In this deficit budget there is already the inclusion of the proposed loan from IMF of $19m plus $20m from Government bonds was included.

In the motion, it was claimed the amount of the loan was “spread and hidden” in the budget statement.

Roadworks

According to the petition, the road works programme had been selected to benefit Cabinet members.

The huge amount of money allocated raises questions on the selection process of companies to be providers and subcontractors on the projects.

The Prime Minister revealed in February 2020 at a public meeting at Tongatapu 4 that roadworks in his TT10 constituency has already exceeded $4m but were not finished, the motion said.

“A total allocation of $300m for the roadworks include $45m for the first year (2020/21). $120m for the second year (2021/22); and $135 for the third year (2022/23).

“Details of the $300m are outlined as: a) $100m for rocks, b) $50m for tar and kerosene, c) $20m for clearance of trees and roadsides, d) $50m needs of workers e.g. overtime, oil, etc. e) $20m for works to seal the roads, f) $20m for drainage work, g) $40m other expenses.

“The huge amount of money allocated raises questions on the selection process of companies to be providers and subcontractors on the projects.”

Selective financial assistance

The motion of no confidence said the 2020/21 budget had allocated financial help to the company operating the boat from ‘Eua, the constituency of the Minister of Finance, despite the fact that there were other local boat companies in need of assistance.

“The Budget Statement includes the commitment from Government ‘to fund from the Budget of 2020/21 assistance to sea transportation to ‘Eua.’ The Minister of Finance, Tevita Lavemaau is the people’s representative to ‘Eua, and Government looks the other way concerning issues of conflict of interest,” the motion said.

Other examples of  Selective financial assistance included the refusal to help Real Tonga Airlines, effectively shutting them down, yet starting a new airline owned and funded by Government.

Media fund

It was also raised that TP $610,600 had been set aside from the Prime Minister’s Office current budget under the heading ‘announcements for media,’ up to June 30, 2021. Questions were raised about which media were getting the bulk of the payments, and why it cost so much such a high cost when the Government has its own radio and television service.?

Construction of footpaths

Footpaths were meant to be laid down in the main towns of Nuku’alofa (for Tongatapu), Neiafu (for Vava’u), Pangai (for Ha’apai), and ‘Ohonua (for ‘Eua). Instead, other villages and where Ministers come from had been selected for work instead..

“This is obviously another blatant case of selective works carried out by Government only in constituencies of those in the Cabinet,” the motion said.

“These points of contention presented in the motion will be debated and responded to by the Prime Minister. He is being given plenty of time before the January 12 reconvening of Parliament to prepare his response. “

Prime Minister Pohiva Tu’i’onetoa has again been asked for his response to accusations made by Deputy Prime Minister Sione Vuna Fa’otusia in his no confidence motion.

We would like to report the Prime Minister’s response and have asked him to comment several times.

We will let you know his response as soon as we hear from him.

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