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Two out of three accused go free over charges that soldiers fractured man’s jaw in bus fight

By
Kaniva Staff
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The Supreme Court has handed down a conviction over a fight  in which a man’s jaw was fractured.

Paea He Lotu Sika, ‘Apolosi Vea and ‘Alungamonu Maka  appeared on charges that on November 4, 2018, at Vaini they repeatedly kicked and punched Hopoate Teisina and fractured his jaw.

On that date two busloads were returning from Nukualofa to Taliai Miiitary Camp after attending a flag raising ceremony to commemorate Tupou I day.

When the two buses reached Vaini, in front of Beulah College, Teisina and another male tried to stop the Army buses. They punched the vehicles and threw bottles at them.

Officer Pita Tapa, who was driving the first bus, told the court he asked Teisina to get out of the way. He said that he had told Sika, Maka and Vea to move Teisina out of the way.

He said soldiers from the other bus had got hold of Teisina, who was on the ground. He said he called the accused to come back. Tapa said he did not see anybody kick or punch Teisina.

However, under examination he said his earlier statement to police that he had seen the three defendants  beating Teisina was true. The men returned to the bus, but then got off again and Tapa said saw Sika punch Teisina, who fell to the ground.

Teisina told the court he and his friend had drunk two bottles of vodka in the early morning. He admitted to being drunk. He said that the soldiers had got off the bus and beat up his friend.

He ran away and they started punching him and he fell to the ground. He said he lost consciousness and woke up in hospital with a broken jaw.

The court was told Teisina had got hold of  a rake and used it to attack the soldiers.

Sika said he, Maka and Vea got off the bus and punched Teisina. Sika said he later kicked  Teisina in the head, face and mouth.

None of the accused gave evidence in court.

In his summary of the case, Judge Cato said he was not convinced of the validity of Maka and Vea’s evidence and gave weight to evidence that Teisina was armed with a rake and that there was an element of self defence involved.

“I cannot exclude the possibility that when the soldiers caught up with Hopoate, Hopoate turned to confront them with the rake and Maka punched and kicked Hopoate in the honest belief that he and the others were in imminent danger of being assaulted by Hopoate with the rake he was carrying,” the judge said.

“Hopoate was inflamed by alcohol, in an angry and dangerous mood and he was seen to have acted irrationally already in willfully breaking a bottle, striking the bus and had punched Sika in the first incident.”

Maka and Vea were therefore found not guilty.

However, the judge said the medical evidence was that Teisina’s injuries were consistent with blunt object applied with force to the face.

He said it was beyond reasonable doubt that the injuries were caused by Sika kicking  him in the face and mouth.

“He caused serious bodily harm to Hopoate without legal justification,” the judge said.

“I find him guilty of the offence and convict him accordingly.”

 

“This father’s day is different”: Tu‘akalau loses battle against Covid-19 in Salt Lake City

By
Kalino Latu
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A Tongan Father in the United States, Lelea Ki Vailahi Tu’akalau was diagnosed with the incurable Covid-19 and lost his battle on Monday.

Her wife Lotomo’ua has confirmed his death to Kaniva News.

Yesterday it was Father’s Day in the United States and Lotomo’ua took to Facebook to share what she has described as what Lelea normally did, placing a batch of flowers on his father’s grave.

She said she took flowers and placing them for Lelea while he was in hospital.

“This father’s day is different,” she wrote.

“Lelea Ki Vailahi we miss you so much today.”

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“We love you so much keep fighting.”

Lelea’s death comes after he was put on ventilator to help him breathe at the hospital’s intensive care unit.

Lotomo’ua and their two daughters have also contracted Covid-19 but they have recovered after being under self-isolation at home.

International media reports said study showed that almost one in three deaths from Covid-19 among people in hospital in England during the pandemic have been associated with diabetes.

Outrage at attempt to sell herbal supplement at vastly inflated price; claims made about  remedy not tested by US medical regulator

By
Philip Cass
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A Korean herbal dietary supplement at the centre of a row over an attempt to sell it for nearly 10 times its normal price has not been tested by the US Food and Drug administration.

And researchers have warned that any benefits attributed to such alternative treatments may be all in the mind.

A box of a Korean dietary supplement, Hemohim, which is available for about US$91 from Amazon, plus US$17 shipping to New Zealand, has been offered on Facebook for $TP2000, the equivalent of US$875.

The seller, who calls herself ‘Helen,’ claimed it cost her a lot to order the herbal supplement.

Her attempts have caused outrage, with one commentator comparing her efforts to somebody who trying to raise money to buy an aeroplane.

Hemohim is popular with the Tongan community after it was promoted as being able to cure cancer, high blood pressure, diabetes and gout.

However, buried at the bottom of the Amazon page for Hemohim  is this disclaimer: “Statements regarding dietary supplements have not been evaluated by the FDA and are not intended to diagnose, treat, cure, or prevent any disease or health condition.”

In other words, the United States department which evaluates and regulates medicine, says it has no proof that Hemohim can do anything that is claimed for it.

No proof

And that’s because in the United states, as long as you call your product a dietary supplement rather than a medicine, you can say pretty much what you like about it.

As American medical researcher Stephen Bents said, herbal concoctions like Hemohim  are classified as dietary supplements.

“Manufacturers can therefore produce, sell, and market herbs without first demonstrating safety and efficacy, as is required for pharmaceutical drugs,” Bent said.

“Although herbs are often perceived as ‘natural’ and therefore safe, many different side effects have been reported owing to active ingredients, contaminants, or interactions with drugs.

“Unfortunately, there is limited scientific evidence to establish the safety and efficacy of most herbal products.”

Warning

A New Zealand medical consumer guide warns that in many cases any benefits derived from alternative therapies such as herbal remedies are the result of wishful thinking.

Health Navigator New Zealand said many people thought they were cured because of the placebo effect.

“The placebo effect is a remarkable phenomenon in which a placebo – a fake treatment such a sugar or saline solution – leads to improvement in a person’s condition simply because the person has the expectation that it will be helpful,” pharmacist Sandra Ponen wrote.

“Likewise, when the belief in the value of an alternative therapy is strong, this can account for the success of a treatment even if scientifically it may not be accepted.“

People might get better due to the natural course of an illness and think this was be due to their alternative therapy.

Many illnesses are cyclical and people often sought alternative therapy when symptoms were at their worst. When symptoms improved, this was attributed to the therapy, Ponen wrote.

An alternative therapy might be tried after conventional medical treatment and when symptoms improved, this was attributed to the new therapy rather than the medical treatment.

If the original diagnosis is wrong, claims of a cure were meaningless.

The main points

  • A Korean herbal dietary supplement at the centre of a row over an attempt to sell it for nearly 10 times its normal price has not been tested by the US Food and Drug administration.
  • And researchers have warned that any benefits attributed to such alternative treatments may be all in the mind.

For more information

Complementary and alternative medicine

Herbal Medicine in the United States: Review of Efficacy, Safety, and Regulation

Hemohim Dietary Supplement

Retired police officer freed after case involving “tail end” of Chinese passport scandal

By
Philip Cass
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The Supreme Court has found a woman not guilty of making a false declaration to obtain a passport.

Lord Chief Justice Whitten, presiding, said the case appeared to be at the tail end of the Chinese passport scandal.

Mrs. ‘Ileana Suliana Taulua, pleaded not guilty to five counts of making a false declaration for the purpose of obtaining a passport.

Taulua was employed by the Tonga Police Force from 1972 until 2005, firstly in the immigration division of the police and then in the ministerial wing at the police headquarters as second in charge of the special passport and naturalization unit where she had access to the issue of Tonga National Passports and Tonga Protected Persons

In early October 2012, one ‘Isapela Satua Tu’akoi asked her to complete an affidavit in support of a passport application for one Shawei Hu. The Accused agreed and completed an affidavit and handled it to Tu’akoi.

In January 2013, Tu’akoi again asked Taulua to complete affidavits in support of passport applications for Singkei Lou and Shanoi Kam.

In April 2013, Tu’akoi again asked the accused to complete an affidavit in support of a passport application for Orlandoni Wong.

That affidavit was sworn on 18 April 2014 and handed to

In August 2013, Tu’akoi again approached Taulua and asked her to complete an affidavit in support of a passport application for one Guang Chang Xiao.

In his summary of the case, Lord Chief Justice Whitten said all five applications were approved and the five applicants were issued Tongan passports in the names set out above.

The passport applications and supporting affidavits were sent to New Zealand to be examined by a handwriting expert. These included photocopies of what were purported to be previous passports, which the expert witness concluded had been faked.

However, he said that without specialised knowledge and equipment, a layperson would not be able to identify the photocopies as fraudulent.

In her evidence, Taulua said she had been approached by Tu’akoi from as early as 2010. She was approached at a time and in circumstances where she said she had been given a letter by the then CEO for Foreign Affairs, the late Ms Susana Faletau, the effect of which was requesting her to help confirm previous passports that had been issued during the time she was working in the division and which she had actually prepared.

The passports were submitted with their file to the police commander who checked the entitlement of the applicants for the Tongan passport. After that, each passport was signed by the then Minister of Police.

Taulua said each of the photocopies of previous passports was given to her by Tu’akoi. There was no evidence that she created any of the photocopies. There was no evidence that the Accused ever tampered with any parts of genuine passports or produced the fakes.

Taulua’s evidence that she did  not receive any payment from Tu’akoi for her help was not challenged.

Lord Chief Justice Whitten said that the fact that all applicants were Chinese was consistent with “an era within this country starting from a Royal prerogative to grant passports to non-Tongan nationals upon payment of considerable sums of money.”

“That era unfolded into one in which renewals of those passports has caused significant concerns. This case, like that of R v Lord Tu’ivakano, appears to be now be part of (and perhaps at the tail end) the investigations into those concerns.”

Taulua was acquitted on all charges.

 

Bloomfield Supreme Court ruling a reminder of previous extradition requests and pursuit of foreign criminals

By
Kalino Latu and Philip Cass
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The Supreme Court ruling that the former Head of the Oceania Customs Organisation, Kulu Feinga ‘Anisi Bloomfield should be sent to Fiji is a reminder of the kingdom’s past experience of extraditions and its own attempts to have foreign suspects handed over.

As Kaniva News reported last week, the Fijian government asked Bloomfield be sent back to Fiji to be tried for the alleged offences which occurred between 2011 and 2014.

A warrant for his arrest was issued in the Magistrate’s Court of Fiji on March 27, 2018.

He was accused of using a credit card belonging to the organisation to make unauthorised purchases with intent to dishonestly obtain a sum of $161,506.66 from the OCO.

He was also charged with dishonestly obtaining computer equipment belonging to the Oceania Custom Organisation worth $17,757.77.

In his summing up Judge Niu told the Supreme Court: “I order that the accused is committed to be returned to Fiji to be tried on both the two offences of which he has been charged.”

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The Tu’i’onetoa government has endorsed a court order to hand over former Tongan Head of the Oceania Customs Organisation, Kulu Feinga ‘Anisi Bloomfield, to Fijian authorities.

Previous governments have not always responded positively to extradition requests.

Kaniva News has been told by sources in the previous government that an extradition request had been sent from Fiji to the Late ‘Akilisi Pohiva government, which did not take it to court. After being elected in 2017 Bloomfield became the CEO of the Ministry of Internal Affairs.

Our sources said the then Minister for Internal Affairs declined to work with Bloomfield after the late Hon. Pohiva raised the allegations against Bloomfield. Our source claimed the Pohiva government refused to approve the request without referring it to court.

A previous government refused Fiji’s request to return Lt Colonel Ratu Tevita Uluilakepa Mara, who was accused of plotting a coup. Lt Colonel Mara is a relative of King Tupou VI.

In May 2011, the Fiji Attorney General said an application for the extradition of Mara to Fiji had been sent to the kingdom’s authorities.

Mara is wanted on charges linked to plots to overthrow the then self-appointed military leader Voreqe Bainimarama.

Bainimarama accused Tongan authorities of conspiring to snatch Mara away from his country.

However, Tonga refused to extradite the Colonel, saying “the Laws of the Kingdom of Tonga do not permit His Majesty’s Government to comply with the aforementioned Extradition Request.”

Mara had been granted a Tongan passport and he is now under the protection of the king of Tonga.

Tonga has also faced problems when trying to bring foreigners accused of crimes to justice.

In 2017 the US State Department refused to return Dean Jay Fletcher who was wanted in connection with his wife’s murder.

Fletcher fled to American Samoa. He was jailed in Hawai’i for a year before a judge in Honolulu ruled that he could be extradited.

However, another judge then ordered Fletcher’s release after the US State Department said Fletcher would have faced a death sentence or life in prison and that he would not have received a defence attorney for free.

In 1976 American Peace Corps volunteer Dennis Priven murdered Deborah Gardner. He was charged, but the jury found him criminally insane. The Peace Corps worked overtime to make the story go away and persuaded the Tongan government to let him be flown to the US where he was supposed to be put in a mental asylum.

However, as soon as he reached the US, Priven’s mental state miraculously improved and he could not be committed. The Peace Corps gave him a clean record and he disappeared for years until he was tracked down by American journalist Philip Weiss.

Weiss said American officials lied to the King and Privy Council to free a vicious murderer.

The main points

  • The Supreme Court ruling that the former Head of the Oceania Customs Organisation, Kulu Feinga ‘Anisi Bloomfield should be sent to Fiji has raised questions about the kingdom’s experience of extraditions.
  • As Kaniva News reported last week, the Fijian government asked Bloomfield be sent back to Fiji to be tried for the alleged offences which occurred between 2011 and 2014.

Tongan victim’s family in Australia said they forgive his killers

By
Kaniva Staff
-

Mourning parents of a Tongan teen in Australia who was attacked by a group of youths said that despite their grief, they forgive their son’s killers.

The 15-year old was allegedly attacked outside the Brimbank Shopping Centre at Deer Park, in Melbourne’s west, about 4pm on Tuesday, Daily Mail reported.

The teenager died at the scene, and Victoria Police arrested six male youths nearby over the attack, the report said.

Police have now charged six boys aged between 13 and 16 with affray and violent disorder in relation to the teen’s death. They are due to face court in Melbourne on Wednesday.

Friends of Solomone continue to leave flowers at the crime scene. Many have broken down in tears

‘We don’t want any justice,’ Solomone’s mum Salome Taufeulungaki said tearfully.

‘We want our son back home … we don’t need any justice’

The mother’s call came amid fears the stabbing death could trigger a gang war on the streets, with the victim’s friends vowing to retaliate.

‘No revenge,’ Mrs Taufeulungaki said. ‘We do (forgive them). It’s a blessing. Dying is a blessing for our family.’

Solomone’s father Atunaisa Taufeulungaki said perhaps his deceased father in heaven needed his son too.

‘Everyone dies. We all die in a different situation. But our father in heaven needs us to come back,’ he said.

‘We feel sad (about) the situation … but that’s his plan.’

Solomone’s parents said their son had died just across the road from where they congregated at church.

Arrests made in connection with Māngere East school disorder incident

By
Kaniva Staff
-

Police have made four arrests in connection with a disorder incident in Gray Ave, Māngere East on Friday last week.

The stabbing of a student outside De La Salle College in Māngere on Friday afternoon involved students from another school, police said.

A 16-year-old boy was taken to hospital with stab wounds after a group of about 30 male youths attacked school students outside the gates of the college on Gray Ave at 4.20pm.

Four teenage boys, aged between 14 and 16, have now been arrested and charged.

All four have also been charged with wounding with intent to injure and are due to appear in the Manukau Youth Court this afternoon.

For privacy reasons Police will not be commenting on the school that these teenagers are from.

The person injured in last Friday’s disorder has since been released from hospital and is recovering from their injuries.

“I would like to thank the community members that came forward and provided information to assist our investigation,” Inspector Matt Srhoj, Area Commander for Counties Manukau West Police said.

This assistance clearly demonstrates that the wider community has, like Police, zero tolerance for this sort of violent behaviour.

The public will have noticed an increase in Police presence around the Māngere East and Ōtāhuhu areas over the past week.

Our presence has been for reassurance and for prevention of any further disorder.

This will remain in place for the time being.

I would like to acknowledge members of our Criminal Investigation Branch who have worked tirelessly since Friday to investigate this incident.

Today’s arrests send a message that Police take these matters seriously and we will hold any persons responsible to account.

Given matters are now before the Court, Police will not be able to comment further.

New Zealand pays Covid-19 tests cost for stranded Tongans who want to return on repatriation flights

By
Kalino Latu
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The New Zealand government has “promised” to pay the Covid-19 medical examination expenses Tongans stranded in the country have to financially bear before leaving for the kingdom in three weeks time.

The Prime Minister of Tonga Pōhiva Tu’i’onetoa has made the revelation in Parliament and said Tongans in New Zealand found it difficult to pay the more than NZ$300 for a person’s Covid-19 test if they wanted to return to the kingdom.

He said he has asked Prime Minister Jacinda Ardern during a phone call to consider the medical costs.

Responding, PM Ardern told him she will look at it before contacting her High Commissioner in Tonga about the payments, Tu’i’onetoa said.

Meanwhile, about 1,000 Tongans stranded overseas who want to fly home have registered online for repatriation.

Only Tongan passport holders, valid residency visa holders, valid working visa holders, and international travellers as approved by the Ministry of Health and the Ministry of Foreign Affairs will be boarded on the flights and granted entry into Tonga.

All travellers are required to have undertaken a COVID-19 test and a Medical Report done within three days before arriving in Tonga

Yesterday a mock repatriation drill held in Tongatapu as part of the government’s  endeavour to ensure its staff are well prepared to handle the arrival of its repatriated citizens.

The drill exercise which involved teams from health, law enforcement sectors  and hotel staff was described as successful.

CEO for Health Dr. Siale ‘Akau’ola was reported as saying the objectives of the drill were to “ensure that all the logistics and coordination processes are properly in place, and that all officials involved fully understand their respective roles and responsibilities and to also identify gaps in the process.”

Finance Minister sidesteps question over Tongatapu 5 “lion’s share” of nobles’ constituency fund

By
Kalino Latu
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The Minister of Finance did not give a direct reply to a question from a Democrat MP about whether the Nobles’ access to the constituency fund would give Tongatapu 5 an extra financial benefit.

Tongatapu 5 Democratic MP Losaline Ma’asi said in the House that her constituency had two Noble MPs in Parliament.

These were Lord Tu’ivakanō and Lord Vaha’i.

“Does that mean, Tongatapu 5 will receive a bigger share?” she asked of the government bench.

Finance Minster Hon. Tevita Lavemaau asked the Chair of the Whole House Committee to give him 30 seconds to “enlighten” the situation.

He said this funding was under the control of the Speaker of Parliament.

He said the funding was discussed last year when it was pointed out that Tongatapu had only three MPs representing the Nobles.

Hon. Lavemaau said the People’s MPs and the Nobles’ MPs would work together in using the money.

He said the situation in his constituency, ‘Eua 11, was simple because it had only one MP from the Nobility.

The Constituency Funding

As Kaniva News reported last night, each of the nine members of the nobility in Parliament is expected to begin distributing TP$50,000 among their constituents in the next Parliamentary visit.

Hon. Lavemaau said the TP$1,260,000 package to support the community was an excellent move by the government.

Within the budget an additional TP$306,000 funding had been allocated for the 17 people’s MPs to pay their office staff. This gave each of the MPs another TP$18,000 each.

Another TP$850,000 to be equally distributed among the people’s MPs as an addition to their constituency funding brought each MPs share to a total of TP$250,000.

Conflicting messages

The Speaker of the House, Lord Fakafanua, said the funding allocated for the three nobles in Tongatapu was meant for all of its 10 constituencies (“vāhenga fakalukufua ‘a Tongatapu kātoa.”)

However, the Whole House Committee Chair Lord Tu’i’āfitu , who is from Vava’u 15, explained it otherwise.

He said his TP$50,000 fund was for the whole of Vava’u, which has three constituencies, while Tongatapu Noble MPs funding was meant for the Noble’s constituencies only (“Ko moutolu homou constituency ‘oku ngata pe homou fakangatangata.”)

Noble MPs’ estate first

Lord Tu’iha’angana said in the first year of receiving the money he would use it to help his estate Ha’ano.

Ha’ano is in Ha’apai 13 constituency which included the islands of Nomuka, Mango, Fonoifua, Haʻafeva, Kotu, Tungua, Tofua, Fotuhaʻa, Matuku, ʻOʻua, Fakakai, Pukotala, Muitoa, Moʻungaʻone, Fotua, Fangaleʻounga, Lotofoa, Faleloa, Haʻateihosiʻi, and Haʻafakahenga.

Noble MPs’ not accountable to constituents

During the last administration of the late ‘Akilisi Pohiva last year it was suggested in Parliament  that if the noble MPs were given the money they would not be bound by an obligation to their constituents  because they were not elected by the people.

Opposition

There was not much opposition from the PTOA MPs while the constituency support package was deliberated in the House.

Democrat frontliner Mateni Tapueluelu, who fiercely attacked the noble MPs move last year to get a share of the constituency funding, has given a very muted response about the declaration by the government that all constituencies budget would be increased by another $50,000 each.

The government’s failure to give a logical explanation as to why the funding appears to have been unfairly distributed recalled the comment made by late Prime Minister ‘Akilisi Pohiva that if the Nobles’ request was approved it would cause problem.

As Kaniva News reported last night, the Late Hon. Pōhiva rejected the Noble MPs’ request to allow them to access the funding.

He said not every constituency in Tonga had a noble MP to make sure they would have a share of this taxpayers’ money.

Hon. Pohiva said the distribution of the money among the 17 people’s MPs was fair as every constituency in Tonga would have the same opportunity to benefit from the funding through their MPs.

He said if the nine Nobles in Parliament were given an allowance, this would set them apart from other Nobles who were not in the House and would not get the same benefit for their estates.

Kaniva News says:

The conflicting and ambiguous responses from government and its backbenchers regarding the funding make it difficult to determine what is going on and could cause some people to think  that only the noble MPs’ estates would benefit from the money and not the constituencies in which they live.

The government must be absolutely transparent about how the money is spent and under what guidelines the Nobles will  be held accountable for their spending.

Gov’t finally approves Noble MPs’ plea for constituency funds under TP$1.2 million “new initiative”

By
Kalino Latu
-

Each of the nine members of the nobility in Parliament is expected to begin distributing TP$50,000 among their constituents in the next parliamentary visit.

The Minister of Finance Tevita Lavemaau has revealed the $1,260,000 package to support the community saying it was an excellent move by the government.

Speaker Lord Fakafanua has described the funding as a “new initiative” and said this was part of a budget allocation the government had submitted to Parliament for approval.

Within the budget an additional TP$306,000 funding has been allocated for the 17 people’s MPs to pay their office staff. This gave each of the MPs another TP$18,000 each, the Speaker said.

Another TP$850,000 to be equally distributed among the people’s MPs as an addition to their constituency funding brings each MPs share to a total of TP$250,000.

READ MORE:

An increase of TP$15,000 to the town wardens’ (polisi fakakolo) budget will put their shares from the package at an annual TP$40,000 for each village and town warden.

Opposition 

The revelation in the House comes after heated debates erupted in Parliament last year after the nobility pleaded with the late ‘Akilisi Pōhiva’s government to allow them a budget of TP$900,000 from the constituency fund.

The Late Hon. Pōhiva did not believe the Noble MPs should be allowed to access the funding. He said in the House if the nobles were given the money it could cause problems.

He said not every constituency in Tonga had a noble MP to make sure they would have a share of this taxpayers money.

Hon. Pohiva said the distribution of the money among the 17 people’s MPs was fair as every constituency in Tonga would have the same opportunity to benefit from the funding through their MPs.

He said if the nine Nobles in Parliament were given an allowance, this would set them apart from other Nobles who were not in the House and would not get the same benefit for their estates.

The pleas

Three of MPs who were instrumental in moving for the former government to approve the budget were Lord Nuku, who is now the Minister of Police, MP Samiu Vaipulu who is now the Minister of Trade and Economic Development and Lord Tu’ilakepa who is now the Minister of MAFF.

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