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Murder charge over Comanchero bikie boss Pitasoni Ulavalu death

By
Kaniva Staff
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(ABC Radio Canberra) A 26-year-old man will face the ACT Magistrates Court tomorrow charged with the murder of Canberra Comanchero leader Pitasoni Ulavalu at Kokomo’s bar.

ACT Chief Police Officer Neil Gaughan told ABC Radio Canberra that a man presented to Calvary Hospital last night with multiple gunshot wounds, accompanied by three other men.

Commissioner Gaughan said those three men were then taken into custody because they were wanted over the brawl at Kokomo’s in Canberra’s CBD.

Later this morning police confirmed that one of the three men would be charged with murder and the other two men, a 22-year-old and a 23-year-old, were expected to be charged with affray.

Canberra Comanchero commander Pitasoni Ulavalu, 48, died after being stabbed in the neck at the Civic nightspot in the early hours of July 19.

Police were called to Kokomo’s on the corner of Genge and Bunda streets at 12:05am after reports of a “disturbance”.

Officers confirmed at the time that the altercation began within Kokomo’s before Mr Ulavalu, 48, was found dead outside.

Mr Ulavalu had been stabbed in the neck.

Police flag further arrests and charges

Pitasoni Ulavalu was the Comanchero Canberra commander.(Supplied: Facebook)

ACT Policing’s criminal investigations boss Detective Superintendent Scott Moller said the three men who had been arrested had links to the Comanchero outlaw motorcycle gang.

“Some are ACT residents, but some reside interstate,” Superintendent Moller said.

He said investigation into Mr Ulavalu’s murder was continuing.

“There are over 200 witnesses that we need to interview, hours of CCTV footage to be reviewed,” Superintendent Moller said.

“We’ve been looking at a group of men for some time and the opportunity at the hospital presented itself and he was arrested.

“I certainly expect there will be further arrests and more charges laid.”

Superintendent Moller said there were about 35 outlaw motorcycle gang members currently known to police in the ACT.

“It was only about 12 months ago that I said we had up to 70, so we’ve been working really hard to reduce those numbers,” he said.

“If you’re involved in outlaw motorcycle groups you should be concerned, because people involved in outlaw motorcycle gangs are being shot, are being stabbed and end up in jail.

“But as a general member of our community, Canberra is a very safe city and I wouldn’t be concerned.”

On ABC Radio Canberra this morning Commissioner Gaughan said police were “also investigating” the incident overnight that led to a man sustaining gunshot wounds.

“We don’t know much about the actual shooting but we had a male present himself to Calvary Hospital late last night with some gunshot wounds,” Commissioner Gaughan said.

“He was brought in by three male persons … wanted for the affray at Kokomo’s a couple of weeks ago.”

Tonga Harris jailed for defrauding elderly in credit card scheme

By
Kaniva Staff
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AUSTRALIA, Canberra: Tonga Harris, 45, of Springfield, has been jailed after pleading guilty to 19 counts of dishonestly obtaining property by deception, plus possession of a prohibited drug.

Tonga Harris was arrested at a home in Springfield, near Gosford, after an investigation into retirement village residents’ bank cards being stolen and bank accounts being accessed.

The Canberra residents were among 15 people police allege were targeted by Mr Harris across many parts of NSW and the ACT, including the NSW Central Coast, the Southern Highlands, the Illawarra and Canberra.

Police allege he stole bank cards through various means, then contacted the victims posing as a representative from their bank. He then used this information to withdraw money from ATMs in nearby areas.

The offences occurred between January and April this year.

The youngest of the victims was 78 years old, but most were aged in their 80s and 90s.

During their search of Mr Harris’s home, police seized mobile phones, cannabis, banking documentation and clothing.

Mr Harris appeared in the Newcastle Local Court on Tuesday charged with 19 counts of dishonestly obtaining property by deception, plus possession of a prohibited drug.

He was granted bail by Magistrate Hugh Donnelly, who required him to report to Gosford police station three times a week, plus imposed a condition that he could not leave his home unless in the company of his mother.

Mr Harris will face court next at Moss Vale, in the NSW Southern Highlands, on June 2.

Police have urged members of the public, especially vulnerable people such as the elderly, to never give out their bank or personal details, particularly over the phone.

Police have also advised that if anyone suspected their banking details had been fraudulently obtained, to report it to ACT Policing on 131 444.

ACT police said that criminals often single out the elderly believing they are “soft” targets.

Lord Fusitu‘a’s MP role terminated after being on one year long sick leave

By
Kalino Latu
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Lord Fusitu’a’s parliamentary seat is now being vacant after the noble was airlifted in August last year to a hospital in New Zealand.

As Kaniva news reported at the time, Lord Fusitu’a was hospitalised and his health deteriorated.

He was put on the ventilator at Vaiola’s intensive care unit before he was airlifted.

The Speaker Lord Fakafanua said this afternoon the decision was made according to the law which stipulated a MP must not be absent for more than a year.

Lord Fusitu’a left Parliament since 5 August last year.

The Speaker has informed the Election Commissioner about the decision and a new election for the noble’s constituency, Niuatoputapu and Niuafo’ou will be announced soon for a replacement, a statement from Parliament said.

The statement did not mention Lord Fusitu’a’s current health conditions and whether or not he was still in hospital.

The Minister of Finance confirmed last year that the government had paid for the noble’s expenses including the air ambulance, but he did not reveal the amount of money paid.

Kaniva mediawatch August 7, 2020

By
Kalino Latu
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New Tongan drama

A ground-breaking six part series about a Tongan father returning home to face his past has been streamed on Coconet.tv

Set in south Auckland, Brutal Lives – Mo’ui Faingata’a is about a fallen boxing champion who returns home after 20 years when his father dies.   He must face his three children that he left behind, especially his daughter, Lupe.

At the same time, an ancient Tongan spirit warrior seeks revenge for the sins of the Valu family actions 500 years ago.

Brutal Lives – Mo’ui Faingata’a, was produced by veteran journalist Sandra Kailahi and directed by  Vela Manusaute.

“The story and the idea is drawn from our own experiences and cultures—for me, it’s my love of Pacific boxing and Pacific stories,” Manusaute said.

“Sandra was inspired by stories from her village, Kolonga in Tonga and a desire to see more Tongan stories on screen and in the Tongan language.”

End of Life referendum

Most Pasifika oppose the End of Life Bill which will be the subject during this year’s selection, according to a new report from Tagata Pasifika.

During an interview with Tongan community leader Soana Muimuiheata and Hannah Wynne, host Alistar Kata said most Pasfika shared Muimuiheta’s view.

This was that ultimately only God could take a person’s life away.

Kata said she wanted to be able to choose to spare her family from watching her suffer, but said that individuals had to be protected by a safety net of regulations.

Israel Folau

Israel Folau’s decision not to kneel at the start of a match has been defended by members of his team’s management.

Folau drew condemnation when he refused to join players from his own team, the Catalan Dragons and British team St Helens in kneeling as a sign of support for the Black Lives Matter campaign.

However, a Dragons spokesman said Folau believed he should only kneel to God.

“He obviously supports justice for black people, being of Islander background himself, but kneeling in protest goes against his beliefs.”

Dragons coach Steve McNamara also defended Folau’s decision after the match saying it was a “personal choice”.

Opening borders

Tongan officials joined an online meeting this week to discuss the safe reopening of entry points into six Pacific Islands countries.

The meeting was convened by the United Nations and the Asian Development Bank with representatives from Solomon Islands, Kiribati, Tonga, Tuvalu, Vanuatu and Fiji.

The Chief Secretary and Secretary to Cabinet  Edgar Cocker said the UN and ADB could help with the costs of quarantine facilities and COVID-19 tests of repatriated passengers.

There has  been pressure to reopen New Zealand’s borders with Pacific nations that are free of the Covid-19 virus.

However, a report in the New Zealand media said nearly 70% of New Zealanders were in favour of keeping the country’s borders closed.

Seasonal workers

Pacific governments have welcomed a pilot plan to allow seasonal workers back into Australia,  but are worried about who will pay for a compulsory two weeks quarantine.

A group of seasonal workers from Vanuatu is being allowed into the Northern Territory to pick mangoes. They will be quarantined even though Vanuatu is Covid-19 free.

A Solomon Islands spokesman said he had been led to believe by Australian officials that the cost of quarantine would be paid by employers, but workers might still have to pay some services.

Radio Australia’s Pacific Beat said the quarantine issue was still being finalised.

Criminals and Covid-19

International criminal gangs  could be taking advantage of the coronavirus pandemic to traffic drugs through the Pacific, according to an academic at the Australian National University.

Dr Henry Ivarature from the ANU’s Australia-Pacific Security College, government resources and attention were being diverted to trying to contain the spread of the virus.

“Criminal elements could be taking advantage of that diversion of resources and attention to increase their activity,” he said.

His comments come after the seizure of 500,000kg of cocaine in PNG reignited debate on how criminals are exploiting the Pacific to traffic drugs to Australia and New Zealand.

Countries in the central Pacific, such as Tonga, Samoa and Fiji are often used as stopover points for drugs being smuggled from south America to Australia and New Zealand.

Patrol boat escorts another yacht out of Tongan waters after dispute at Minerva Reef

By
Kaniva Staff
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The Tongan navy has been involved in another incident involving a yacht anchored on the Minerva Reef.

The patrol boat Neiafu, which was called to investigate the unauthorised appearance of the American yacht Sailing Zatara in Tongan waters, warned a New Zealand registered yacht, the Windora, that it would have to leave the reef.

The Zatara left for the Minerva Reef on June 29, despite having been denied entry in March by Tonga’s Minister of Health.

According to TVNZ, the Neiafu told the Windora it had to leave as soon as possible.

The Windora’s owners refused, citing weather conditions and the age of their vessel.

The Neiafu told them: “I have to take necessary action to enforce Tongan territorial water. Tonga is under border closure at the moment

The Windora left the next morning, followed by the patrol boat until they were past South Minerva.

Last week two foreign sailing yachts arrived in Vava’u without permission and in breach of border security measures, but were allowed to remain at the Puatalefusi wharf before they were escorted out on Friday by Police patrol boats.

One of the yachts, the Nadine, was on its way to Fiji.

Its crew said they had experienced electrical problems after bad weather.

Pacific nations have adopted different stances on yachts entering their waters. While Tonga’s borders are closed, Fiji is letting in yachts who qualify for a special visa enter.

In the Solomon Islands, three sailors who entered the country from New Caledonia illegally last month were arrested.

Arresting officer fulfilled obligation to give prisoner his rights, High Court judge rules

By
Kaniva Staff
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The Auckland High Court has rejected an appeal against a sentence rising from a drunk driving charge.

Following a Judge alone trial in the District Court at Manukau, Sefita Tonga was convicted of driving with excess breath alcohol  and careless driving  relating to an incident that occurred on 5 November 2017.

Tonga was fined $900 on the charge of driving with excess blood alcohol and a six-month disqualification from driving.   He was convicted and discharged on the charge of careless driving.

Tonga appealed against his conviction on the charge of driving with excess breath alcohol and against the sentence imposed.

His appeal was based on whether the District Court Judge should have excluded the breath specimen evidence.  His counsel argued that the evidence was improperly obtained because Tonga did not fully understand the nature of his right to counsel and that the police did not make it easy for him to exercise that right.

The court was told that the arresting officer, Constable Poi, offered Tonga a list of lawyers to contact, but that he declined. Evidence was also given that Tonga had indicated that he wanted to a Tongan speaking lawyer.

However, Constable Poi told him this might not be possible and ultimately Tonga indicated that he did not want legal representation.

“Notwithstanding his earlier indication that he wanted to speak with  a lawyer it was Mr Tonga who ultimately told Constable Poi not to “worry about it”, and thereafter repeatedly confirmed that he did not wish to consult with a lawyer,” Judge Powell said.

“In those circumstances Constable Poi had discharged his obligation to facilitate counsel for Mr Tonga.”

The appeal against the conviction and sentence were dismissed.

Auckland High Court allows appeal and reduces sentence for robbery and burglary

By
Kaniva Staff
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The Auckland High Court has allowed an appeal against a sentence for robbery and burglary.

Lopeti Telefoni  entered three suburban liquor stores and stole cigarettes and alcohol.

He pleaded guilty to all charges and appeared before Judge B A Gibson on February 11, 2020 in the Auckland District Court for sentencing.  He was sentenced to four years and six months’ imprisonment.

He appealed the sentence on the grounds that it was manifestly excessive and argued for a  sentence of less than two years, thus permitting home detention.

He is presently serving his sentence as a high security prisoner because he was recently charged as a party to the murder of a fellow inmate.

Telefoni’s parents moved to New Zealand from Tonga in the hope of securing a better life for themselves and their children. He was born in Hawke’s Bay in 1999.

A court report described Telefoni’s background and childhood as one of deprivation, isolation and struggle punctuated by growing dishonesty and violence. There was a clear connection between his childhood and his offending.

Telefoni had accumulated 44 convictions between 2006 and 2019.  He had 18 Youth Court notifications which include trespass, shoplifting, assault, aggravated assault and aggravated robbery.

The pre-sentence report recorded that Telefoni showed little insight into his offending and was assessed as presenting as a high risk of harm.

Telefoni’s counsel argued that the factors considered when calculating his original sentence was too high and that insufficient credit was given to his personal mitigating factors, including his youth, background, his guilty pleas and time on remand.

After considering a number of arguments and legal precedents, Judge Moore, presiding, allowed the appeal.

The sentence of four years and six months’ imprisonment was quashed and a new sentence of three years and two months’ imprisonment substituted.

Supreme Court rules newspaper be returned to register in latest stage of defamation action

By
Kaniva Staff
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In the latest twist in a series of legal battles dating back to 2014, the Supreme Court has ordered that the Tonga Weekly Newspaper Ltd be restored to the Register of Companies.

On March 29, 2019, Mele ‘Amanaki began proceedings against the Tongan Government, the Tonga Weekly Newspaper Ltd, Faka’osi Maama, the editor of the newspaper operated by the company and  William Clive Edwards, then a director of the company for damages for defamation arising out of articles published by the newspaper on 20 March 2014, 1 1 April 2014 and 9 May 2014.

On December 10, 2019, Lord Chief Justice Whitten  granted the Government’s application to strike out the claim against it and reserved leave to the plaintiff to re-plead any claim against the Government by 10 January 2020. No new pleading was filed.

During the course of the strike out application, it was revealed that the company was registered on 1 June 1, 2012; was entirely Government owned and had been removed from the Tongan register of companies and  deregistered.

The judge said that under the Companies Act, a company continued to exist until it was removed from the Tongan register.

Accordingly, it was necessary to stay the proceeding pending the hearing and determination of any application by Mrs ‘Amanaki to restore the company to the register in order to  determine whether she could proceed against the company in the defamation action.

The Government argued that Mrs ‘Amanaki did not have any undischarged claims against the company at the time it was removed from the register and had not initiated any legal proceedings against the company during its existence.

It also argued that the decision to deregister the company was made in the public interest, but that restoration would not be in the public interest because any related costs would have to be borne by the public and;  further, that the company no longer has any assets, officers or employees and would not be able to fulfil its obligations under the Act.

On  April 14 this year 2020, Mrs ‘Amanaki filed a memorandum in which stated that at the time the company was removed from the registry she had an undischarged claim against it.

In April 2014 she told her employer (the Executive Board of the Public Service Association) of her intention to sue the company for defamation.

That same month she wrote to the editor of the newspaper of her concerns about the alleged defamatory publications and to the then Prime Minister (whom she describes as “the head of the shareholder of the newspaper”) about her concerns regarding the alleged defamatory publications.

The court considered at length a number of issues regarding the wording and exact mechanism of removing a company from the register and the status of various defamation actions that had been initiated by Mrs ‘Amanaki.

Upon consideration of these matters and a number of legal precedents, Lord Chief Justice Whitten granted the application to restore the Tonga Weekly Newspaper Ltd to the Tongan register of companies.

He ordered that the company and its directors must immediately file all outstanding annual returns under the Act and pay all relevant fees and penalties.

No point in appeal says Lord Chief Justice in rejecting appeal over 2013 assault case

By
Kaniva Staff
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The Supreme Court has turned down a request for an extension of the appeal period arising from a case in 2013.

On 1 February 2019 Siope Falevai pleaded guilty to one count of common assault.

The offence occurred in 2013 when the Respondent was a 17 years-old schoolboy. Magistrate Tuita sentenced Falevai by way of reprimand.

On June 18 2020, Falevai filed an application for an extension to the 28 day appeal period provided by the Magistrates Court Act. The grounds for the application were stated as being that there were strong grounds of appeal and being in the interests of justice.

Immediately after the sentence, the former Director of Public Prosecutions instructed the Crown Prosecutor assigned to the matter, Lute Fakatou, to return to Court “because there is no such sentence as a reprimand under law”;

Between February 4, 2019 and  June 24, 2019, a number of unsuccessful attempts were made (including with the Attorney General) to discuss the matter with the Magistrate.

On April 6 2020, she informed the Registrar of the Magistrates Court that the Respondent had not been properly sentenced and proposed that the matter be recalled in Vava’u where the respondent was living to be properly sentenced by the Magistrate there.

The Magistrates Court responded that the decision of February 1 stood and that the only avenue available was to appeal.

Falevai argued that the sentence was an ‘administrative error’ because a reprimand was not provided in the Criminal Offences Act. Further, he argued that the 28 day appeal period expired on 16 June and therefore the relevant delay therefore was only two days.

The Supreme Court ruled that while it was true that a reprimand was not one of the sentencing tools expressly provided by Part IV of the Criminal Offences Act, the material on the application did not reveal any consideration as to whether the Act was to be interpreted as an exhaustive code of the only sentencing options which could be inflicted.

“I am not aware of any other instances in Tonga where a reprimand has been given by a Magistrate as a means of dealing with a common assault charge,” Lod Chief Justice Whitten said

“There has been substantial delay in bringing this application which has been poorly explained and fuelled by a misconception as to the true nature of the Magistrate’s decision and what ought to have been done about it.

“I see little to no practical utility in the appeal.”

 

Ashika loss still haunts son who heard his mother calling his name as the ship sank

By
Kalino Latu
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The son of a woman who died when the MV Princess Ashika sank nine years ago said the tragedy still haunted him.

Siaosi Lavaka, 44, and his mother Lavinia Lavaka, 66, were expected to arrive at Ha’afeva in August 2009 to visit his bed-ridden father ‘Aleki Lavaka. Only Siaosi made it to the island.

Siaosi said he heard his mother calling his name when the doomed ferry sank, but darkness prevented him from reaching her.

That was the last moment he heard from Lavinia.

The vessel sank on 5 August 2009 and a government report released two weeks after the tragedy showed 54 men were rescued and 74 people were lost.

Only two bodies were recovered, with 72 missing. Of the 68 passengers and four crew who died, five were foreign nationals. Two of the missing passengers remain unidentified

A tearful Siaosi claimed in an interview with Kaniva News on Tuesday the vessel’s electrical power was off and no one could reach those in the inner top deck where his mother was waiting for him.

He said wind and waves repeatedly slammed into the ferry shortly after they left Nuku’alofa and Lavinia asked him to go down and check their cargoes in the cabin.

When he returned the vessel overturned and he could not find his way up the top deck.

Lavaka said he heard people shouting and yelling while her mother kept calling his name.

He said three youths were at the door of the cabin and when he understood he could not reach his mother he decided to save the children.

He later thought if he had been able to reach his mother, they were both dead.

“I thought at the time if I love my mother I better save the lives of these youths,” an emotional Siaosi said.

He said he rescued the three youths by asking them to hold on and stick onto the wall of the ferry while it was half overturned.

When the Princess Ashika completely overturned they climbed to the top and found themselves safe.

Those who were made it out of the Ashika were picked up by the MV Pulupaki which arrived shortly after the ferry sank.

When they arrived at Ha’afeva the residents were waiting crying at the beach as the news of the tragedy had already reached them, Siaosi said.

“What struck me most was the wish of my father to see his wife alive, but unfortunately she could not make it to see him,” Siaosi said.

Siaosi claimed some passengers attempted to flee and seek protection at the stern but some of them were killed by the vessel’s propeller as it was still turning.

Siaosi said the government compensated each person who was rescued alive from the tragedy with TP$8000.

“In my view that money was too small compared to my mother’s life and the disaster which happened,” he said in Tongan.

The captain of the Princess Ashika told news media shortly after the tragedy that the Government knew about the condition of the boat because they surveyed it before purchasing it.

He said financial pressure was the main reason the ship had not been stopped by officials, or the shipping company’s managers.

“They have no time to delay the boat to repair the boat,” he said.

The then opposition Leader ‘Akilisi Pohiva claimed at the time the government made the move to operate the unseaworthy ship because of political motives. Leaders of the then government did not want the domestic services to be dominated by the Uata Shipping Services.

The Services belonged to former MP ‘Uliti Uata who was a strong supporter of Hon Pōhiva and the democratic movement.

For more information

Ashika tragedy: Tonga does not have money to pursue legal action, says PM

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