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Bitter relationship between former Minister and Agricultural CEO revealed as PSC hits back against accusations of inefficiency

By
Kalino Latu
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The CEO of the Ministry of Agriculture and Food Dr Viliami Manu failed to obey directions from former Minister of the ministry, MP Losaline Ma’asi, it has been claimed.

MP Ma’asi also alleged that Dr Manu did not sit down with her as required by the Public Service Commission Acts, in a face to face interview to complete his assessment.

MP Ma’asi claimed Dr Manu did not provide important information she needed to help her prepare speeches she had to deliver to the United Nations and the World Food Organsation.

She said she felt the CEO was not cooperative.

As a result, the Minister recommended the Public Service Commission not to extend his contract on October 9, the same day her own position ended when the new government took office.

Hon. Ma’asi accused the PSC of inefficiency and failing to follow procedure.

She said she was surprised when she was told by the new Minister, Lord Tu’ilakepa, that Dr Manu’s contract had  been extended by the PSC.

She questioned the basis of the extension given that the reports on which the PSC based its decision must those she had prepared about Dr Manu.

She said there was no time for Lord Tu’ilakepa to do these reports as he had just became minister in the week Dr Manu’s contract was extended.

Ma’asi told the TBC she sent Dr Manu’s reports to the PSC before recommending his contract not be extended.

Ma’asi told the national broadcster she was baffled by the PSC’s move and asked whether it applied the same standards to all civil servants.

“On which assessement and PMS reports did the PSC base its decision?” Ma’asi has asked during the TBC interview. 

“Misleading and incorrect”

The PSC said Ma’asi’s allegations were misleading and incorrect.

It said the PSC also considered other performance measures routinely used for the overall assessment of all CEOs, which showed Dr Manu was performing well

It said the extension of a CEO’s contract was subject to the Public Service Act.

It said the MAFF CEO’s contract was extended in accordance with the law. The assessment of a CEO’s performance was conducted by the Commission in consultation with the Minister.

“As CEO, Dr. Manu’s annual assessment process included submitting his performance report to the former Minister,’ the PSC said in a statement.

“This gave her the opportunity to comment on his work and to endorse or not to endorse.

“Dr. Manu’s report was submitted to the former Minister. The legal process requires the Minister and the CEO to jointly discuss the report. The former Minister did not meet with the CEO to jointly discuss the report.

“The former Minister failed to submit it to the Commission in time. Six weeks past the deadline, and just before she had physically vacated her Ministerial office, she finally gave the CEO PMS report to the PSC, stating her dissatisfaction with the CEO’s performance.

“The former Minister did not give the CEO the opportunity to discuss her dissatisfaction with his performance report, a requirement of natural justice.

“MP Losaline Ma’asi was Minister over Dr. Manu for only four of the 12 months of his annual performance period. “

The PSC said former Minister Semisi Fakahau, who was the responsible Minister for the rest of the period, found Dr. Manu was performing well.

“At the same time, the PSC also considered other performance measures routinely used for the overall assessment of all CEOs,” the PSC statement said.

“This included the MAFF’s procurement performance; budget performance, HR performance, Revenue targets, Ombudsman report, HR and Audit records.

 “All these performance indicators showed the MAFF CEO was performing well. The PSC also conducted an in-depth interview with the CEO as part of the normal process, and he also confirmed in detail the performance and work of the Ministry.

Corrupt Auckland cop who sold police database information to gangs jailed

By
Kaniva Staff
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By Catrin Owen, Stuff

A former police officer who admitted illegally accessing the police database to leak information to an organised criminal group has been sentenced to 2 years and 2 months in jail.

Vili Mahe Taukolo, 31, previously admitted accessing the police’s National Intelligence Application (NIA) for a dishonest purpose between February 2018 and March.

On Friday, he was sentenced to 2 years and 2 months in jail by Judge Phillippa Cunningham at the Auckland District Court. 

She ordered he must be kept in segregation until he is assessed as being safe in the general prison population. 

Marie Dyhrberg QC acting on behalf of Taukolo sought permanent name suppression, which was opposed by David Johnstone acting on behalf of the Police and also opposed by Robert Stewart acting on behalf of Stuff and NZME.

The police NIA system stores the personal information and criminal histories of about 40 per cent of New Zealanders.

Taukolo began working for the police in 2015 as an authorised officer before becoming a sworn officer in 2016, Judge Cunningham said. 

At the time of the offending he was a constable working in Auckland Central. 

“You found yourself in the company of organised criminals who kept asking for further information, what might have been a one-off assistance to an old friend, turned into an endless cycle,” Judge Cunningham said. 

Johnstone said Taukolo broke his police oath by illegally accessing the database for the purposes of assisting organised crime groups and then made a personal profit of tens of thousands of dollars in cash.

He said the offending spanned a full year. Taukolo went into the NIA application and moved beyond the first page where it warned about potential criminal ramifications about misusing the information.

Johnstone said the corruption was driven out of personal gain.

Taukolo searched the database more than 20,000 times over a 16 month period. 25 per cent of those were made on a day off, which in itself is not allowed by the police.

While Taukolo was on leave or unwell, he made about 1200 searches. Some of the searches included finding details on 34 of his colleagues, himself and his family members. 

The court heard he made a profit of $70,000 and when police conducted a search of his home found $30,000 cash in his bedroom. 

In October 2018, he searched for details on a high profile police investigation which involved a methamphetamine importation case in Christchurch.

Irregularities in Taukolo’s searches prompted police to audit the NIA searchers which prompted the investigation.

Johnstone said the former cop would look at addresses before then looking up interested persons.

Dyhrberg QC accepted there had been a serious breach of trust and Taukolo accepted he’d brought the police into disrepute.

“He did have a great fall from grace…but the defendant here did not become a criminal,” she said.

“By using his own name it was going to come out. He just kept looking over his shoulder and when it suddenly came to an end, he knew where he was heading…but he was able to get rid of awful anxiety and breaching of who he really was,” Dyhrberg QC said.

Police previously confirmed civil restraining orders had also been issued against the police officer, in accordance with the Criminal Proceeds (Recovery) Act 2009.

The Act allows for the forfeiture of assets derived directly or indirectly from significant criminal activity, or which represent the value of a person’s unlawfully derived income.

Taukolo was also convicted on Monday for wilfully damaging the Femme Fatale brothel in September and fined $250.

Police said he was “too intoxicated to make a statement” at the time after he broke a glass panel in a door and a window of the brothel, which had shut. 

“He was told by staff he couldn’t come in and pushed passed them to gain entry,” Judge Cunningham said. 

“DISGRACEFUL”

Auckland City District Commander Superintendent Karyn Malthus, said Taukolo’s actions were “disgraceful” and Police staff “rightly feel betrayed by him”.

“To say that I am disappointed in his actions is an understatement,” Malthus said.

“He has broken not only the high level of trust we place on our own employees, but also the trust that is rightly expected of Police by the public,” Malthus said. 

Malthus said the investigation was exhaustive and spanned months. 

“Not only did his actions amount to a breach of privacy for these individuals, which included some of his own colleagues in New Zealand Police, he committed a serious criminal offence each time,” she said. 

Every one of Taukolo’s NIA transactions over the period of his offending were analysed individually to assess whether it was a legitimate or illegitimate query,” Malthus said. 

“No safety concerns were evident for the vast majority of individuals searched following an analysis of these transactions. If Police have serious concerns for a person’s safety, we will contact those affected.”

Malthus wanted to reassure the community that Police took immediate investigative action when this offending was first discovered, and self-reported the matter to the Independent Police Conduct Authority.

​As a result of the incident, a comprehensive internal review has been conducted to examine the police’s processes and establish if there are any changes it can implement to prevent this type of offending from taking place in the future, and this work remains ongoing, Malthus said.​

PREVIOUS NIA BREACHES

In May 2013, former police prosecutor Timothy John Russell Sarah was jailed for four years after pleading guilty to three charges of supplying methamphetamine, one of possessing the drug and a representative charge of dishonestly accessing the police computer – the National Intelligence Application.

Sarah had accessed the police computer system more than 80 times, gleaning information from the database, which he then passed on to drug-dealing contacts.

The crimes took place between 2010 and mid-2011 and were uncovered as a resulted of Operation Ark – a wider police investigation resulting in multiple arrests.

Data obtained by Stuff showed 89 officers misused the NIA database in the past four years.

Nearly two million people, just over 40 per cent of the population, appear in the NIA with an alert against their name.

The alerts range from flags for firearms licence holders, to warnings the person is a known paedophile.

Police can access the database from their mobile phone or via a computer.

Superintendent Barry Taylor, the national police professional conduct manager, said random NIA audits were conducted each month on around 90 users.

“The user and their supervisor review the transactions with the user explaining or justifying their actions where necessary.”

Since 2015, 184 police staff have been investigated for possible misuse of the database.

Eighty-nine of the allegations were upheld.

As of October, 33 investigations had been launched into alleged police misuse of the NIA in 2019.

Of those, seven had been upheld while 22 were ongoing.

Formal complaint against Electoral Commission alleging it allowed unlawful voters

By
Kalino Latu
-

The Tongatapu 1 by-election has turned nasty, with a supporter of unsuccessful candidate Dr Netatua Pelesikoti Taufatofua lodging a formal complaint alleging that more than 20 new voters unlawfully voted.

Supervisor for Elections, Pita Vuki, has confirmed to local media he has received the complaint and will look into the allegations. 

‘Eliesa Fifita alleged that the election administrators allowed people to vote without sighting their identifications, the Matangi Tonga Online has reported.

The paper has quoted Fifita as saying, they have evidence that a lot of people who were allowed by the election administrators to vote without sighting their identifications.

“These people are prepared to provide affidavits to this effect if required. Once again we believe that the Electoral Commission Election administrators invited the public to join them in breaking the Electoral Law.”

Fifita also alleged a page with Siaosi Pohiva’s name was being displayed on election day, on the administrators desk at Hala-‘O-Vave polling.

“He claimed, voters had reported when they approached the voting table at the Hala-‘O-Vave booth, they saw a sign with Siaosi’s name on the table. This is regarded as advertising Siaosi on the By-Election Day, by the election administrators,” the Matangi Tonga has also reported.

He also alleged there were threats and intimidation of voters on Facebook by the PTOA supporters of Pōhiva.

“’Eliesa alleged that since the By-Election campaign started, they posted life-threatening remarks to Dr Netatua and her supporters violating Section 22 (1) (2) (3) of the Electoral Act 2012.

The complaint was also sent to the Attorney General, Ombudsman and Prime Minister.”

As Kaniva news reported last night, Dr Taufatofua has announced on Tuesday she will not pursue a recount.

She said it was a very close race and upon weighing all her options and meeting with her election campaign committee it’s unlikely she will make up the 16 votes.

Supreme Court rules against application for joint trial of Lord Tu‘ivakanō and two others

By
Kaniva Staff
-

The Supreme Court has turned down a request from the public prosecutor to hear charges against Lord Tu’ivakano and two other accused together.

Lord Tu’ivakano, ‘Ileana Taulua and Isapela Tu’akoi are subject to separate indictments.

Tu’ivakano is charged with two counts of money laundering, two counts of perjury, one count of making a false statement for the purpose of obtaining a passport, six counts of accepting a bribe as a government servant, two counts of possession of a firearm without a licence and one count of possessing ammunition without a licence.

Taulua is charged with five counts of making a false declaration and one count of possession of an unlawfully issued passport.

Tu’akoi is charged with four counts of making a false declaration and four counts of forgery.

Each of the accused has pleaded not guilty.

The prosecution argued that the case against Tu’ivakano was founded on the same facts as the cases against the other two.

The offences alleged against Tu’ivakano formed or were part of a series of offences of a similar character to the offences alleged against the other accused.

The prosecution argued that If the cases were not held jointly, the same witnesses would have to be called to give the same evidence in different hearings . It said this would be unnecessary and a waste of court resources.

The prosecution’s application was opposed by Lord Tu’ivakano. Taulua and Tu’akoi were content to have their cases heard together.

Lord Tu’ivakano’s legal representative argued that  a joint trial would be a breach of Clauses 10-14 of the Constitution. He also argued that Tu’ivakano would face other witnesses and charges not in his indictment.

However, having considered a range of legal precedents, Lord Chief Justice Whitten cited legal precedent that more than one indictment could not be heard before a single jury.

He therefore ruled a joint trial would not be possible unless the Tongan Criminal Offences Act was changed or new criminal procedure rules introduced.

The prosecution’s application for a joint trial was therefore refused.

The main points

  • The Supreme Court has turned down a request from the public prosecutor to hear charges against Lord Tu’ivakano and two other accused together.
  • Lord Tu’ivakano, ‘Ileana Taula and Isapela Tu’akoi are subject to separate indictments.

For more information

One bribery charge dropped, but Lord Tu’ivakano must face trial on all other counts

One bribery charge dropped, but Lord Tu‘ivakanō must face trial on all other counts

Methodist clergyman charged after Tongatapu motorbike crash victim hospitalised

By
Kalino Latu
-

Police have arrested and charged a Methodist clergyman after his vehicle crashed into a motorbike during which the impact flung the victim in the air.

A local newspaper has identified the evangelical pastor as Rev Peni Lālahi.   

The 62-year-old pastor from Tofoa has been charged with reckless driving causing grievous bodily harm.

‘Amanaki Hokafonu, 30, of Houma, Tongatapu was heading southbound when he crashed into a black van doing a U-turn after leaving a carpark on Taufa’ahau Rd.

Police reportedly said Hokafonu was in critical condition at Vaiola Hospital.

READ MORE:

Photos of the victim, which appeared to have been taken at the hospital, had been shared by cousins and friends on social media.

They appeared to show Hokafonu was in a stable condition.  

A cousin of the victim told Kaniva news Hokafonua moved to New Zealand when he was a young man and lived there permanently until a few years ago when he moved back to Tonga.

“Tongan police has denied social media reports it was a hit-and-run, saying the van’s driver parked off-screen and returned to help the injured man.”

Pōhiva Tu‘i‘onetoa to formally meet with Tongan community in Auckland for the first time

By
Kalino Latu
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Prime Minister Pōhiva Tu’i’onetoa will meet formally with Tongan community in Auckland, New Zealand for the first time after next week.

The meeting will happen on Monday 16, when he is in New Zealand on his way back to Tonga after a meeting in Europe.

The event will be held at the hall of the United Church of Tonga Taufa’ahau Tupou IV, 2 Gray Avenue, Mangere East at 7 – 8.30 pm, a Tongan Church and Faith-based Leadership Network spokesperson told Kaniva news.

The Network said it wished to invite all members of the Tongan community to the meeting.  

It was an “important opportunity” for the community, it said.  

Former Prime Ministers including the late ‘Akilisi Pōhiva have also held formal meetings with Tongans in Auckland in the past.

Dr Taufatofua won’t pursue recount in close by-election

By
Kalino Latu
-

Only 16 votes determined the winner of the Tongatapu 1 by-election but the candidate on the short end will not pursue a recount.

Dr Netatua Pelesikoti Taufatofua was defeated by the PTOA candidate, Siaosi ‘O Vailahi Pohiva.

Dr Taufatofua has announced her decision on Facebook today Thursday 5, the last day the electoral act allows for candidates to lodge complaints with the supervisor of elections, following the announcement of the results on November 28.

She said it was a very close race and upon weighing all her options and meeting with her election campaign committee it’s unlikely she will make up the 16 votes.

The Electoral Commission announced shortly after the election last month it has yet to receive complaints of electoral infringement or applications for recount.

Pohiva’s victory was an assurance that people still wanted to see a more democratic Parliament and more political reform, RNZ has reported.

Mr Pohiva told the radio he wanted to see the power of the nobility reduced, but he did not necessarily want their seats in Parliament to go.

He said there were several options available.

“There could still be the nobles’ representatives but a system where this group, or class, co-exist, but still there is accountability to the people. Like the people electing the prime minister, would be an example of another option, instead of those being elected having the right to elect the prime minister.”

PM concerns after Kaniva reveals royals and nobles among people with TOP$11m unpaid tax debts; top gov’t officials ask not to publish their names

By
Kalino Latu
-

A follow-up story published by Kaniva news on Tuesday saying royalty, nobles and top government figures were among people named on a list of TOP$11 million irrecoverable tax has concerned the Prime Minister.

The revelation that the list of names of those with unpaid businesses and personal tax debts had been leaked to us has also concerned some top government officials.

We said on Tuesday that Kele’a newspaper had published part of the list of names of those people with irrecoverable unpaid tax debts. Kaniva also received a copy of the list.  

Kaniva did not publish the names on the list.

However, we said the list included a late queen, princes, some members of the nobility, some top government figures and local businesses.

Prime Minister Pohiva Tu’i’onetoa wrote to us this morning and said the list had to go through a “verification” process by the Auditor General who needed to talk to people with overdue tax debts.

He said these people needed to give their side of the story to the Auditor General.  

Hon Tu’i’onetoa said there were a number of things to do before any names with amounts of unpaid tax debts could be listed as irrecoverable.

He previously said in a statement the leaked list has not followed this process.  

The Prime Minister claimed the “nobles” did not ask to write off their debts.

He has accused the former Minister of Revenue and Customs Mateni Tapueluelu for failing to follow the proper legal process to write off the debts.

Hon Tu’i’onetoa wanted to know the names of those legal consultants from whom MP Tapueluelu said he sought advice before submitting the list to Cabinet to write off the debts.

As we reported this week, MP Tapueluelu told TBC he submitted the list to Cabinet after his Ministry sought advice from the Ministry of Justice and an International Monetary Fund consultant.

Top government officials concerns

Meanwhile, some top government officials and public figures have written to us asking not to publish their names.

They echoed the same concerns with which the Prime Minister has raised.

One of them said he heard that his name was on the leaked list, but he had yet to receive a tax notice from the Ministry of Revenue on that alleged debt.

He also sent to us two copies of letters from the Ministry of Revenue.

One was a notice of assessment dated on September 2016 with an amount he owed to the Ministry.

The other was a copy of a receipt which appeared to show the money he owed had been paid in June 2019.

The leaked list has been shared on social media this week and caused public concerns and clashes between the PTOA (Democrats) supporters and royal advocates.

It came after reports by some local media outlets and Facebook groups accusing the former PTOA government of proposing the write-off as a way of cancelling debts belonged to businesses owned by families of the former Deputy and Acting Prime Minister Semisi Sika and former Minister of Trade and Economic Development Dr Tu’i Uata.

MP Tapueluelu has denied this and said he was told by the Ministry’s staff, including the CEO, that the Ministry routinely wrote off debts that had not been recovered within five years.    

As we have reported several times in the past month, Tu’i’onetoa said that on July 12 this year the late ‘Akilisi Pohiva’s Cabinet agreed to a proposal from the Minister of Revenue and Customs to write off debts of unpaid tax and duties due to the Ministry for the period of 2004-2014.

He said the former Minister for Finance, Pohiva Tu’i’onetoa, was not present at the Cabinet meeting when the submission was made and that he later advised Cabinet that the proper legal process to write off debts had not been followed.

According to Section 41 of the Public Finance Management Act, proposals to write off debts have to be submitted to the Secretary for Finance and the Minister for Finance for investigation.

Once that investigation is completed, only the Minister for Finance and no one else recommends to Cabinet whether or not to write off the debt.

When a submission to write off debts is received by the Ministry of Finance, it is usually referred to the Auditor General’s Office to verify why the debts cannot be collected by the reporting agencies.

The Auditor General then reports back to the Minister of Finance who reports to Cabinet as to whether the debt is to be written off or not.

On July 17 the late ‘Akilisi’s Cabinet decided to go back on its decision.

A government spokesman said no debts had been written off and the Ministry of Finance had not received any submission from the Ministry of Revenue and Customs.

Man who murdered South Auckland father-to-be jailed for 10 years

By
Kaniva Staff
-

By RNZ. This story is published by permission.

A man who shot dead a young father-to-be in South Auckland earlier this year has been jailed for at least 10 years.

Semi Pilitati, 21, was sentenced in the High Court at Auckland this afternoon, after earlier pleading guilty to murdering 26-year-old Arthur Brown.

Mr Brown was shot dead outside a block of shops in Māngere in the early hours of 10 March.

Pilitati was arrested and charged 10 days later after police carried out a series of search warrants in South Auckland.

Justice Duffy sentenced him to life imprisonment, with a minimum non-parole period of 10 years.

Mr Brown’s wife, Atiliai, wept as she read her victim impact statement to the court, while holding their daughter, Adele, who was born just days after her father’s death.

Mrs Brown was on the phone to her husband when he was shot twice at close range.

She said she didn’t want to end the call because she was hoping he was still alive.

“It was the most heartbreaking day of my life,” Mrs Brown said.

“I was lost, I felt my world had come to an end.”

Mrs Brown said she often had sleepless nights and still had flashbacks to the night her husband died, hearing his voice and the gunshots.

Mrs Brown described her husband as loving, loyal and humble.

He was trying to make things right in his life after being released from prison nine months earlier, she said.

Pilitati’s actions had made the neighbourhood where she grew up unsafe and people now lived in fear, Mrs Brown said.

She doesn’t want to leave the area, but she said she and her daughter must now constantly pass the place where her husband was shot dead.

Other family members, who packed the public gallery of the courtroom, said Mr Brown was excited about the birth of his daughter and Pilitati’s act of violence had deprived her of a father as she grew up.

Before the sentence was handed down, Pilitati stood in the dock and addressed the public gallery and Mr Brown’s family.

“There is nothing I can say today or do in the future that can undo what has been done,” he said.

“I am deeply sorry for taking your loved one away from you – your son, your husband, your father, your brother.”

Pilitati said there was no excuse for his actions and that no apology or jail sentence would ever be enough.

“But I pray that one day you may find it in your hearts to forgive me for what I have done,” he said.

“I am truly sorry for the pain I have caused. From the bottom of my heart, I am sorry.”

Pilitati’s defence lawyer Panama Le’au’anae said his client had two children and would live with regret for the rest of his life.

Sentencing Pilitati, Justice Duffy said what happened on the night of Mr Brown’s death showed why it was never right to resort to violence.

The court heard that Pilitati had been involved in a road rage incident in December 2018 and members of the Red Army gang had later turned up to his house, smashing windows and leaving him with a head injury.

Pilitati was living in fear and wanted to protect his family. He was also suffering from post-traumatic stress disorder.

Justice Duffy said Mr Brown was wearing red and Pilitati believed he was associated with the gang. He grabbed his shotgun and followed Mr Brown down the street and shot him outside a bakery.

Justice Duffy said Pilitati was truly remorseful for his actions – and it was obvious Mr Brown had a large, loving family who had been profoundly affected by his death.

Pilitati has been issued with a third strike warning.

Rugby Australia denies report Israel Folau receiving $8 million payout in compensation

By
Kaniva Staff
-

Rugby Australia boss Raelene Castle has denied reports that the rugby body has paid Israel Folau a settlement  figure of A$8 million.

Castle reportedly said Rugby Australia will not disclose how much it settled with the former Wallabies star. She described the reported A$8 million figure as “wildly inaccurate”.

The Daily Telegraph reported that Folau will receive A$8 million after reaching a confidential settlement with Rugby Australia on Wednesday.

Folau had been pursuing a multi-million damages claim against Rugby Australia after he was sacked for posting comments saying gays faced eternal damnation.

Last week he upped his claim to Aus$14 million.

The Sydney Morning Herald has speculated that Rugby Australia was likely to have paid a “significant amount of money” to the 74-test fullback.

Despite the court settlement, Folau’s future is uncertain.

Australia’s National Rugby League – his original code –  has made it clear it does not want him back and a move to Tonga’s national rugby league team in September failed.

Apology

Rugby Australia apologised to Folau for his dismissal.

Folau posted a statement that “drunks, homosexuals, adulterers” and others would go to hell.

According to The Guardian, Rugby Australia, Rugby New South Wales and Folau said the post reflected Folau’s “genuinely held religious beliefs” and that he “did not intend to harm or offend any person when he uploaded the post.”

“While it was not Rugby Australia’s intention, Rugby Australia acknowledges and apologises for any hurt or harm caused to the Folaus,” the statement said.

“Similarly, Mr Folau did not intend to hurt or harm the game of rugby and acknowledges and apologises for any hurt or harm caused.”

The statement was issued after 14 hours of mediation at the Federal Court in Melbourne.

“Extremely pleased”

This afternoon Folau posted a video thanking his supporters.

“We are extremely pleased with the settlement reached today,” he said.

“With today’s acknowledgment and apology by Rugby Australia, we have been vindicated and can now move on with our lives to focus on our faith and our family. [My wife] Maria and I would like to thank God for his guidance and strength.

“We started this journey on behalf of all people of faith, to protect their rights of freedom of speech and religion.”

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