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Media legislation open to abuse, warns association of Tongan journalists in NZ

By
Kalino Latu
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The Tongan Journalists’ Association in New Zealand says recent media legislation passed  by the Tongan government is open to abuse.

According to the Communications (Infringement Notice Regime) Declaration, the government can impose fines of TP$2000 for a range of offences.

The government said it did not have to consult with the media about the new law.

The Editor of Kakalu ‘O Tonga newspaper said he believed the laws could undermine freedom of speech.

‘Ulu’alo Po’uhila called on Association members to be vocal in criticising the government over the legislation.

The Editor of Dateline Tonga radio programme Kite Tu’akalau said he needed more information from the government about the infringement notice before he could comment.

Tongan correspondent and former editor Faka’osi Maama said the new law was based on legislation from 2016 and based on bad spirit (“laumalie ‘ikai sai.”)

According to the government notice issued about the new law in May, it is based on Section 162(7) of the Communications Act 2015 (“the Act”).  The Act came in to force on February 18, 2016.

The Communications (Infringement Notice Regime) Declaration was made by the Minister of MEIDECC on May 21 this year.

An infringement notice can be issued if the Regulator has reasonable ground to believe that a person has contravened an infringement provision. If convicted, fines of up to TP$2000 can be issued for the following:

  • Unlawful publication of sensitive information
  • Supply of communications services without authorisation
  • Non-compliance with licence conditions
  • Provision of false and misleading information
  • Unlawful supply of content application services
  • Accidental damage to communications facilities
  • General penalty
  • Unlawful disclosure

NRL enforcer Tevita Pangai Jnr stood down for coronavirus breach after attending barber shop

By
Kalino Latu
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[Daily Mail] NRL star Tevita Pangai Jnr has been banned for two matches after he breached the code’s strict COVID-19 protocols by visiting a bikie-linked barber shop caught up in a police raid.

The Brisbane Broncos enforcer was stood down after he attended a friend’s barber shop on Saturday, just hours after returning from Sydney following his side’s loss against the South Sydney Rabbitohs.

It’s understood police task force Maxima raided the Black Canvas Southside barber shop espresso bar in Windaroo south of Brisbane while Pangai Jr was in attendance.

The raid found any unlawful activity and there is no suggestion Pangai Jr did anything illegal.

 Pangai Jr has claimed he was unaware several Mongols bikie members were also present at the time.

The coronavirus breach comes days after Broncos Tevita Pangai Jnr (pictured right with Wallabies star Quade Cooper) complained about the NRL bubble

The coronavirus breach comes days after Broncos Tevita Pangai Jnr (pictured right with Wallabies star Quade Cooper) complained about the NRL bubble

It's understood Pangai Jr attended the opening of Black Canvas Southside barber shop espresso bar of Saturday. Pictured are people at the launch south of Brisbane

It’s understood Pangai Jr attended the opening of Black Canvas Southside barber shop espresso bar of Saturday. Pictured are people at the launch south of Brisbane

The club has confirmed the Tongan international has been stood down for 14 days after breaching Project Apollo protocols.

‘The club has been informed that he attended the opening of a barber shop yesterday, in breach of the protocols,’ a Broncos statement read.

‘He has been placed on a ‘COVID Hold’ and will undergo testing, while spending 14 days in self-isolation as the NRL continues to examine details of the breach.

‘The Broncos are investigating the circumstances around the matter to determine what further action may be taken.’

Pangai Jr may face further sanctions from the Broncos, which has had a horror run since the season resumed in late May with 10 losses for their last 11 matches.

Conviction for dangerous driving causing grievous bodily harm in Supreme Court

By
Kaniva Staff
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Halavavae Sosaia Tautalanoa Tameifuna has been convicted of dangerous driving causing grievous bodily harm.

The incident occurred on July 11, 2019, on Vaha’akolo Rd at Tofoa.

The Supreme court was told that he swerved to the left of the road and hit Sione Angianga, causing injury leading to permanent disablement of his upper limb.

Tameifuna pleaded not guilty.

Angianga, 36, told the court he parked a truck on the east side of the road. He got out and went to his home to look for a tyre.

When he could not find one he returned to the truck and reached for the door handle. He knew nothing after that until he woke up in hospital.

A medical report He suffered a broken nose,  cuts and bruises, a suspected spinal injury, a fractured pelvis and fractured upper arm.

As a result he was un able to move independently and had limited use of his upper right arm.

He was unable to walk again until December. His back is still painful and he can no longer lie on it.

In cross examination he denied that he had crossed the road to the other side and crossed back again before this incident happened.

Saula ‘Ahia, 16, said he was waiting for his bus when the accused and his sister came in a red vehicle and picked him up to take him home to Houma. He sat  behind the driver.

He said that at Tofoa the accused turned the vehicle and hit a person who was standing by the road. The vehicle kept going after the accident.

Judge Niu said he concluded that Tameifuna had swerved his vehicle to the left of the road where Angianga was standing and hit him.

The judge said he was satisfied beyond reasonable doubt that he was guilty and convicted him as charged.

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
-

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.

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