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Supreme Court dismisses all charges after evidence of false testimony and beatings by prison officers

By
Kaniva Staff
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The Supreme Court has dismissed all charges against a man charged with one count of common assault,  three counts of assault with intent to commit sodomy and three counts of sodomy.

The court also found that Saimone Vaka had been beaten while in custody and had made a false confession in order to escape further assault by prison officers.

Vaka had pleaded not guilty to all the charges and elected to be tried by judge without a jury. He chose to represent himself.

In his summing up of the trial, Judge Niu said Vaka had shown he was well able to defend himself and that he was well prepared with questions to ask and evidence to give and his written submissions showed careful consideration of the relevant matters.

The Crown called three witnesses:: They were the complainant, Lisiate Lakalaka, the Chief Prison Officer, Ponafasio Vake, and prison officer,Tevita ‘Ilaiii.

Lisiate Lakalaka, 19, from Lapaha, testified that in March 2018 he was in prison. He claimed that Vaka, who was also a prisoner, sexually assaulted him and threatened to kill him if he complained.

Lakalaka said that after further sexual assaults he ran away from poison, intending to report what had happened to a relative in the police force. However, while he was on the bus he was recognised and arrested. He was then returned to prison and beaten until he said he had been sexually assaulted by the accused.

Vaka said he had been brought out and accused. He denied the complaint and said Lakalaka was lying.

Chief Prison Officer Ponafasio Vake, Tevita ‘Ilaiii, Sergeant Vake, Tau’ataina and Lakalaka were present.

He said he was told to strip and beaten on the buttocks with three siale mohemohe branches, each piece was about one and a half inches thick and about two and a half feet long. He said that each piece was used until it broke and the last piece was used up to 20 strokes.

He said he was punched and knocked to the ground and feared that he might die.

Judge Niu noted that there were discrepancies in Lakalaka’s testimony with regard to the number of assaults and the dates on which they occurred. Despite claims of being restrained by Vaka, he had not suffered any injury.

Vaka cross-examined Lakalaka on a number of issues where he gave contradictory evidence, including his behaviour during his escape from prison.

Lakala admitted that he had lied and that Vaka had been arrested and brought to trial on a his false statement. The complainant said that he made up all that he had stated in the statement. He said Vaka had not threatened him at all. Lakalaka said he did not know why he had lied to the prison authorities.

During the trial prison officers denied that any beatings had taken place.

Judge Niu said Lakalaka had given contradictory evidence, had lied and had said things in court that went against testimony he gave to the authorities.

“I found the evidence of the complainant suspect and difficult to accept from the beginning.” Judge Niu said.

“I accept his evidence that he was beaten by the prison officers to tell them why he had run off.

“To save his own skin, he lied to the officers. His beating then stopped and his escape from custody was accepted to be justified and he was not charged with escaping. He was released shortly afterwards.

“The accused was brought out and accused and beaten to confess to acts which never happened.

“I have accordingly found that the Crown has failed to prove all the charges and I dismiss them all.”

The main points

  • The Supreme Court has dismissed all charges against a man charged with one count of common assault,  three counts of assault with intent to commit sodomy and three counts of sodomy.
  • The court also found that Saimone Vaka had been beaten while in custody and had made a false confession in order to escape further assault by prison officers.

PM defends delay in school reconstruction after Gita, saying funders have ‘very strict guidelines’ for release of money

By
Kalino Latu
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Prime Minister ‘Akilisi Pōhiva has defended his government’s handling of the rebuilding of schools destroyed by Cyclone Gita in February 2018.

There have been complaints about the condition of temporary classrooms which have been held in tents.

There was also a complaint about the health conditions of school children taught in these temporary classrooms.

Hon. Pōhiva said the government had to follow the funding agencies’ requirement about how their money should be used. He described the condition as “very strict.”

“The money for the construction of schools and homes that were totally destroyed actually come from multi-lateral funding agencies and each of those agencies have very strict guidelines for disbursement and rigorous procurement procedures with which we must comply,” Hon. Pōhiva said in a news release this afternoon.

Works begin

The Minister of MEIDECC told parliament in June the reconstruction project would begin this month and was expected to be completed  by August 2020.

The minister told parliament the government had received the money but it “has to obey” what the funding agencies wanted, according to parliament’s minute number 9A of June.

Hon. Tei said the government attempted to escalate the process, but the agencies wanted to make sure everything was “pau” (guaranteed).

Destroyed schools grouped

He said the affected schools had been divided into three groups.

The first group included Vaini, Navutoka and Fasimoeafi primary schools. The second group included five schools and the last group included seven primary and high schools. He did not specify which schools were involved in these groups.

Hon. Tei said the building of group one would begin this month and was expected to be completed in December.

Work on the second group would begin in October this year and was expected to be completed in April next year.

Reconstruction of the third group was expected to start in November this year until August 2020.

Hon. Tei did not reveal the details of what had delayed the process, but implied that these included discussions of whether the construction companies should be recruited from overseas or from within Tonga.

Frustration

The Prime Minister said he acknowledged that there had been major delays in the construction of homes and schools that had been totally destroyed.  

“There is no way we can bypass those stringent and time-consuming regulations and procedures,” the Prime Minister said.

“I am as frustrated as the home-owners and owners of the schools are in the delays in construction. All I can do is plead for their patience!”

Complaint

According to a report in Kakalu ‘O Tonga newspaper last week, a teacher at a school where classes are still held in tents was concerned at the lack of ventilation. 

The teacher reportedly said the children had been sick over the past 12 months.

The story was also carried by Radio New Zealand international.

Donations

As Kaniva news reported last year, the National Emergency Management Office (NEMO) said all of the $TP52.6 million donated to Tonga by overseas donors would be spent on the recovery process.

NEMO said TP$23.6 million in cash had been deposited in the government’s cyclone Gita’s bank account, with TP$2 million deposited into its normal account.

Cabinet had allocated TP$21.4 for the Cyclone sub-committee to help the recovery process.

It said the money would be spent on specific areas including shelter, education, food and security, and communication. The smallest allocation, TP$200,000, would go to communications, with the largest outlay, TP$7.7 million, going to essential services, including electricity maintenance.

In its latest report on the state of Tonga after Cyclone Gita, NEMO said 819 households had  been destroyed and 3889 households damaged.

The main points

  • Prime Minister ‘Akilisi Pōhiva has defended its handling of the rebuilding of schools destroyed by Cyclone Gita in February 2018.
  • There have been complaints about the condition of temporary classrooms which have been held in tents.

For more information

Donor money allocated to cyclone recovery, but rebuilding yet to be budgeted

Donor money allocated to cyclone recovery, but rebuilding yet to be budgeted

Schapelle Corby linked to man accused over Aus$90 million drugs bust in Queensland

By
Kaniva Staff
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Convicted drug smuggler Schapelle Corby has been linked to a man charged over the largest seizure of drugs in Queensland.

Corby, who has a Tongan connection, has been identified as the half-sister of Viliami Taani Paea Kisina, 26,  who has been accused over a multi million dollar drug bust.

Kisina was one of six people arrested on Monday during raids across South East Queensland and northern New South Wales.

He was charged with possession and supply of dangerous drugs.

Police found 766kg of MDMA at two properties south of Brisbane.

The drugs are worth Aus$90 million

Three men and a woman have been charged – while an arrest warrant has been issued for a New South Wales man.

There is no suggestion Schapelle or any of her relatives have any involvement.

Tongan conection

Kaniva News reported on Corby’s Tongan connection in 2014.

Corby’s mother Rosemarie married for the third time to Tongan-born James Kisina and they produced James Sioeli Kisina, 27,  and Melenae Kisina 24.

The children are half-siblings to Viliami, whose mother is Seniolita Kisina, and Rosleigh’s four other children, including Schapelle.

Schapelle Corby was convicted of smuggling 4.2kg of cannabis into Bali in Indonesia in May 2005.

She was sentenced to 20 years in prison by the Denpasar District Court and imprisoned in Kerobokan Prison.

She was released after serving nine years.

The main points

  • Convicted drug smuggler Schapelle Corby has been linked to a man charged over the largest seizure of drugs in Queensland.
  • Corby, who has a Tongan connection, has been identified as the half-sister of Viliami Taani Paea Kisina, 26,  who has been accused over a multi million dollar drug bust.

For more information

International drug ring: Schapelle Corby’s link to man accused

Scharbelle Corby: the Tongan connection

Tonga face off against Australian team on Saturday ahead of Rugby World Cup

By
Philip Cass
-

‘Ikale Tahi will play Australia’s Western Force rugby team in Tonga on Saturday.

Saturday’s game will be the first time the two sides have met.

‘Ikale Tahi fans who have only seen the team play at home a few times in the past 10 years.

Coach Toutai Kefu said the game was a chance for the team to reconnect with home fans.

“Hopefully we can have a win and they can see us off on a positive note towards the World Cup,” Kefu told Radio New Zealand.

“That is the main reason why we are doing it. Just to give something back to our supporters and our fans in Tonga.”

The contest will provide the Tongan side more experience on the field before the Rugby World Cup in September.

The Western Force have two Tongan players on the team, winger Halauafa Lavaka and hooker Feleti Kaitu’u.

Halauafa’s mother is from Navutoka and Ovaka, and his father is from Tefisi and Leimatu’a. Feleti’s family is from Ha’apai and Kolomotu’a.

The game kicks off at 3pm at Teufaiva Stadium.

Opposition

The Tongan team has faced stiff opposition in recent games.

They lost 25-17 to Samoa on July 27 and 41-7 to Japan on August 3.

However, they finished the World Rugby Pacific Nations Cup with a 33-23 win over Canada at Churchill Park in Fiji.

‘Ikale Tahi will fly to New Zealand to play the All Blacks in their final pre-world Cup Test in Hamilton on September 7.

The main points

  • ‘Ikale Tahi will play Australia’s Western Force rugby team in Tonga on Saturday.
  • Saturday’s game will be the first time the two sides have met.

For more information

Western Force en route to Tonga ahead of Ikale Tahi clash

https://www.rnz.co.nz/international/pacific-news/396994/sport-western-force-en-route-to-tonga-ahead-of-ikale-tahi-clash

Rare home game for ‘Ikale Tahi

https://www.rnz.co.nz/international/pacific-news/397249/sport-rare-home-game-for-ikale-tahi

Drowning Niuafo‘ou victim laid to rest

By
Kaniva Staff
-

The 21-year-old Tongamama’o man who drowned in lake Vailahi was buried on Tuesday after his funeral service.

Mourners flocked to the beach where his body was found before his burial services.  

Safinata Filiai was reported missing on Sunday, August 18 after he went out swimming.

Police reportedly said an extensive search effort to find him continued on Monday, with search and rescue conducting multiple shoreline searches throughout the day.

The family reported on Facebook the deceased’s body was found after it appeared on the sea surface.

His family and friends took to Facebook to share their grief at losing their son:

“My heart is so broken with grief. I don’t have the words to say,” a family member wrote in Tongan.

Another wrote: “He was a good child who never had any problems with anyone in this town, everybody loved him.”

Police said the death was not suspicious.

Tribunal denies appeal, but grants visa so woman can decide whether to pursue residence

By
Philip Cass
-

The New Zealand Immigration and Protection Tribunal has refused a Tongan woman an appeal of humanitarian grounds, but ordered that she be granted a work visa for three months.

In its report on the appeal, the Tribunal was extremely critical of the way Immigration New Zealand had handled certain aspects of the case.

The woman had lodged work and residence applications based on her partnership with a New Zealand citizen, but because of delays in processing both applications her interim visa had expired.

The woman first entered New Zealand in 1997 and stayed unlawfully for seven years before she was deported in December 2005.

In September 2009, following the death of her mother, Immigration New Zealand exercised its discretion to allow the appellant to re-enter New Zealand for a short visit. Since 2010, she has made frequent visits to New Zealand, usually staying between two and four weeks.

During one such visit in late 2013 she met her current partner, a 59-year-old New Zealand citizen of Maori descent.

In September 2014, the appellant graduated from the University of the South Pacific with a Bachelor of Commerce. She re-entered New Zealand in December 2014 and in May 2015, she was granted a one-year partnership work visa. This was renewed for a further year in May 2016.

In July 2017, she was granted a further work visa to give her time to lodge a residence application under the Family (Partnership) category.

In May 2018, Immigration New Zealand wrote to her saying her partner did not meet character requirements for supporting partners because of past convictions for domestic violence.

The Tribunal said it was wrongly stated that the partner’s four historic convictions for common assault and one conviction for a domestic assault meant he needed a character waiver. The date of the most recent conviction was also wrongly recorded as 2013 rather than 2003.

The partner responded on 24 May 2018 stating that he disputed the 2013 conviction and was applying to the Justice Department for documentation to confirm this. He also stated that only one of the assaults had been of a domestic nature.

The woman and her partner went to considerable lengths to correct the information held by Immigration New Zealand, but the department continued to question his convictions, his relationship with his former wife.

In February this year, Immigration New Zealand advised the appellant that her interim visa had expired, that she was now unlawfully in New Zealand (and that processing of her residence application had been suspended.

In May  the woman’s application for a work visa was declined. Immigration New Zealand said it was not satisfied that the appellant’s relationship was genuine and stable or entered into on the basis of being maintained on a long-term and exclusive basis.

The Tribunal also noted the partner’s pending trial on charges of theft by a person in a special relationship and the appellant’s desire to be present to support him at this time.

The Tribunal said that if the appellant had to return to Tonga she would be separated from her partner.

“Given the current challenges for the relationship, including a possible period of separation should the partner receive a sentence of imprisonment, the Tribunal does not consider that separation would in itself be harmful to the relationship,” the Tribunal said.

“Once the appellant was no longer unlawfully in New Zealand, assessment of her residence application could resume. Should she intend to maintain the partnership and her application be successful she would be able to return and be reunited with her partner.”

“Although the appeal is declined, the Tribunal orders that the appellant be granted a work visa for three months

“This will enable her stay in New Zealand while her partner’s sentencing and to decide whether she will pursue her outstanding residence application.”

The main points

  • The New Zealand Immigration and Protection Tribunal has refused a Tongan woman an appeal of humanitarian grounds, but ordered that she be granted a work visa for three months.
  • In its report on the appeal, the Tribunal was extremely critical of the way Immigration New Zealand had handled certain aspects of the case.

Pair jailed for their roles in country’s biggest meth haul

By
Kaniva Staff
-

By Radio New Zealand

The last two people charged in relation to the country’s biggest methamphetamine haul have been sentenced to lengthy prison terms.

Stevie Norua Cullen and Selaima Fakaosilea appeared in the High Court at Whangārei this morning before Justice Gordon.

Cullen has been sentenced to 27 years in prison with a minimum period of imprisonment of nine years.

Fakaosilea has been sentenced to 12 years and six months to be served cumulatively on the 14 years and six months sentence she was given last year for further drug dealing following the Northland bust.

She was given a minimum period of imprisonment of seven years.

Lawyers for both said the pair’s involvement in the operation had been relatively menial, providing logistical support for the main players.

But Justice Gordon said Cullen had been a trusted lieutenant who organised boats, cars and motels for the group.

Justice Gordon also told Cullen the law demanded an emphatic response to the unprecedented scale of the crime.

“More particularly, this jurisdiction must not be viewed as soft by those who may otherwise bring large amounts of controlled drugs here, especially a drug as pernicious as methamphetamine.”

And Fakaosilea was no naive pawn as she claimed, but had played an important role handling cash and communications, Justice Fakaosilea said.

The pair were tried and convicted in June on serious drug charges for their roles in the haul. A total of eight people were charged.

Six other people are already in prison after admitting their roles in the operation.

It was the country’s biggest known methamphetamine operation, with more than 500kg found on board a boat that washed up on 90 Mile Beach in Northland in June 2016.

The methamphetamine haul, discovered in a campervan hidden in sandhills, was estimated to be worth almost half a billion dollars.

Northland police are welcoming the heavy prison sentences handed down today.

Detective Senior Sergeant Lloyd Schmid said the arrests, convictions and sentences were a great outcome.

He paid tribute to the community in the Kaitaia area, who were suspicious of the group’s activity and tipped off police.

Parliament removes new login panel on its website which blocks users

By
Kalino Latu
-

UPDATED: Tonga Parliament has removed a new login panel it has installed on its website which has blocked new users and it appeared there was no way to register new accounts.

The incident has concerned Tongans overseas who rely for information about Parliament on the site.

Kaniva has reported the incident on Tuesday night before it was removed the following day.

The times of Parliament’s sessions are normally aired on Tonga Broadcasting Commission radio, but are not stored online.  

As we reported, once users open the site www.parliament.gov.to it asks to “Please login” with two blocks below it which required users’ username and password.

The new internet panel is meant for users who have already registered an account on the site.

However, there is no way for a user to register an account so they can login.

Further down the page are links for storing the username and password of the registered users under the tag ‘Remember me.’ Another link is to help those who have forgotten their password and the other for users to click so they can log in. 

Kaniva news attempted a number of times to log in, but failed completely.

Parliamentary authorities could not be reached for comments.  

The website holds important documents and sources of information for the public including Parliamentary meeting minutes and press releases.

Kaniva news became aware of the issue this evening after it received a number of complaints from Tongans in New Zealand.

Some were concerned at the move, asking why Parliament wanted to control access to public information.

They said the website of the Parliament of New Zealand did not require a login.   

The main points

  • A new login panel installed on Tonga Parliament’s website has blocked new users and it appears there is no way to register new accounts.
  • The incident has concerned Tongan overseas who rely for information about Parliament on the site.

McCormack’s comments raised “ugly beast of colonialism”, says Tongan women’s leader

By
Philip Cass
-

A Tongan women’s leader has described comments  by Australia’s Deputy Prime Minister Michael McCormack as “the ugly beast of colonialism.”

Ofakilevuka Guttenbeil-Likiliki of the Women and Children Crisis Centre has joined a chorus of criticism against McCormack, who has been condemned by political leaders in the Pacific and Australia for comments he made on climate change in the Pacific.

“They [Pacific Islanders] will continue to survive, there’s no question they’ll continue to survive and they’ll continue to survive on large aid assistance from Australia….They’ll continue to survive because many of their workers come here and pick our fruit, pick our fruit grown with hard Australian enterprise and endeavour,” McCormack said.

Guttenbeil-Likiliki said McCormack sounded like New Zealand broadcaster Heather du Plessis-Allan, who once described the Pacific Islands as leeches.

Guttenbeil-Likiliki said McCormack’s statements were “neo-colonialism at its best.”

“I read these neo-colonialist commentaries and I cringe because it’s nothing short of white supremacist domination – it is creating hate towards our Pacific peoples making them look like ‘leeches’ who should be ‘grateful’ and remain obedient and silent,” she said.

“Tell me, how will aid stop the sea level from rising? How will it stop displacement of communities? How will your aid prevent natural disasters across the Pacific? Are you also saying that the Pacific does nothing for Australia and that it’s just a one-way street?

“Think again. Who is getting richer on whose resources?”

Guttenbeil-Likiliki said she took comfort from the words of the late ‘Epeli Hau’ofa who said: “Oceania is vast, Oceania is expanding, Oceania is hospitable and generous, Oceania is humanity rising from the depths of brine and regions of fire deeper still, Oceania is us. We are the sea, we are the ocean, we must wake up to this ancient truth and together use it to overturn all hegemonic views that aim ultimately to confine us again, physically and psychologically, in the tiny spaces which we have resisted accepting as our sole appointed place, and from which we have recently liberated ourselves. We must not allow anyone to belittle us again, and take away our freedom”

“Ignorant”

McCormack’s comments have also been slammed by Australia’s acting opposition leader Richard Marles, who described them as “ignorant.”

Former Australian Prime Minister Malcolm Turnbull said Australia must respect Pacific islanders’ concerns about the impact of global heating.

“Climate change and the consequences of it are an existential matter for the Pacific,” Turnbull said.

“If you are a Pacific islander and your home is going to be washed away by rising sea levels caused by global warming then this is not a political issue, it’s an existential one.

“So it’s critically important that we are seen to be helping climate change, both in reducing our emissions as part of a global effort, and of course as we do providing them with substantial resources to adapt to climate change.”

Fijian Prime Minister Frank Bainimarama reacted to McCormack’s comments by accusing the Australian government of taking a “big step backwards” in its relations with the Pacific.

Meanwhile, Tuvalu Prime Minister Enele Sopoaga reacted to McCormack’s comments by threatening to pull Tuvaluan labour from Australia’s seasonal worker programme.

Sopoaga said he would encourage the leaders of the other Pacific countries – including Kiribati, Samoa and Tonga – to do the same.

The main points

  • Ofakilevuka Guttenbeil-Likiliki of the Women and Children Crisis Centre in Tonga has described comments  by Australia’s Deputy Prime Minister Michael McCormack as “the ugly beast of colonialism.”
  • McCormack has been criticised for comments on climate change in the Pacific he made after critical talks at the Pacific Islands Forum that almost collapsed over Australia’s positions on coal and climate change.

For more information

Pacific islands will survive climate crisis because they ‘pick our fruit’, Australia’s deputy PM says

Fiji prime minister slams Australia’s deputy PM over ‘fruit picking’ comment

Tuvalu condemns Australia’s conduct, ‘neo-colonial’ attitude at Pacific Islands Forum

High profile Chinese businessman among 26 arrested for gambling, guns seized

By
Kalino Latu
-

A prominent Chinese businessman widely known to locals as Tsay was one of 26 Chinese gamblers Police have arrested on Sunday.

More than $89,000 cash had been seized along with five pistol airguns and illegal cigerattes.

Seventeen men and nine women between the ages of 23 to 65-year-old were arrested at a building at Tofoa that belongs to a 48-year-old Chinese, Acting Police Commissioner Pelenatita Vaisuai said in a Police statement.  

She described the incident and the arrests as “mere chance.”

“The Police Drugs Enforcement Taskforce arrested 26 Chinese Nationals for playing games for money or other stakes on Sunday 18 of August 2019, thousand pa’anga and other foreign currencies in an ongoing police operation,” she said.

The statement did not mention Tsay but various sources on social media claimed the gambling was held at one of his properties.

When asked, the Minister of Police has confirmed to Kaniva news Tsay was one of those arrested.

Gambling is prohibited and any social activities on Sunday are not allowed.

All suspects are in police custody while investigation continues.

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