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NZ and Australian rescue teams join search for missing German woman in Tonga

By
Kalino Latu
-

A search continues for a missing German woman in ‘Eua island since Sunday afternoon.

The 40-year-old tourist was part of a Whale Watching Group that visited the ‘Eua Cave on the North Tip which is known to divers as the Cathedral.

Police were informed of the incident and Police Search and Rescue began, A/Deputy Commissioner ‘Atunaisa Taumoepeau said.

Police are coordinating the search with the help and support from local boats and divers, RCC New Zealand, and HMAF as well as the Australian Navy Boat the HMAS AMIDALE.

No further details of the woman were released.

Sydney-based Tongan ‘love triangle’ murder accused denied bail

By
Kaniva Staff
-

(AAP) A man who allegedly stabbed his girlfriend’s lover in the head with a screwdriver, over an apparent love triangle, has been refused bail in a Sydney court.

Sosiua Tonga, 34, allegedly assaulted another 34-year-old man early on Sunday morning at an Eastern Creek house, resulting in a serious head injury.

The injured man was taken to Westmead Hospital but died shortly after.

Tonga, who was arrested at the scene, was refused bail on murder charges.

On Monday, Tonga made no application for bail and it was formally refused during brief mention in Mount Druitt Local Court.

Tonga allegedly attacked the victim after he caught him at his girlfriend’s home.

According to police, the two men did not know each other, but both knew the woman – named as Astrid Muller – in an apparent love triangle.

It’s also believed Tonga is married, with a wife in Melbourne.

Report of praise for Police Commissioner fuels speculation contract could be extended

By
Kaniva Staff
-

Speculation is growing that Police Commissioner Steven Caldwell’s contract may be extended.

His current contract expires in April 2021.

Sources inside the New Zealand Government have told Kaniva News that Commissioner Caldwell’s contract could be extended by as much as another two years.

Caldwell was at the centre of a controversy in the kingdom last year when the Police  Minister and Cabinet said they did not want to renew his contract because of complaints about his handling of disciplinary cases against local officers.

At the time, Police Minister Māteni Tapueluelu said the government believed Caldwell was no longer fit for the job.

A spokesperson for Mr. Caldwell told Kaniva News earlier this year the Commissioner was restricted by his contract in what he could say to the public.

However, his contract was renewed for two years by the Privy Council and approved by King Tupou VI in April.

Caldwell is a New Zealander and his salary is mostly paid for by the  New Zealand government.

He was appointed Tonga’s Police commissioner in 2015 on a three-year contract.

Improved

It appears the relationship between the Police Minister and Commissioner Caldwell has improved.

Our source said Hon Tapueluelu and Commissioner Caldwell were in New Zealand last month.

Hon. Tapueluelu is said to have complimented the Commissioner on his work.

It appears the Minister was referring to the Commissioner’s part in Tonga’s fighting against illicit drug dealings.

Under Commissioner Caldwell, police have launched a major campaign against drugs in the kingdom, with multiple arrests over Christmas and the new year.

Police have arrested 263 people and 28 police officers have been suspended.

New Zealand has contributed NZ$9 million to the costs of the anti-drugs campaign.

More than 30kgs of methamphetamine with a street value of NZ$26 million has been seized.

For more information

Minister of Police threatens to stop Commissioner Caldwell’s pay today
Cabinet seeks legal advice after king extends Police Commissioner’s contract

Tonga steps up war on meth trade with multiple arrests, over 30kg of drug seized

Gov’t may shut down Facebook following ‘disrespectful, obscene’ allegations against king; PM seriously concerned

By
Kalino Latu
-

Vicious allegations of a sexual nature against the king and his daughter Princess Angelika have triggered a move by government to shut down Facebook in Tonga.

Prime Minister ‘Akilisi Pōhiva said he was seriously concerned at the allegations and the possibility of a Tongan or Tongans publicly making such a serious accusation against the royal family.

He said the government had been long concerned about people abusing Facebook using royal family members.

Hon. Pōhiva said it could take about two weeks before the government reached a final decision about the temporary closure.

Hon. Pōhiva told Television Tonga he believed if nothing was done there could be an unrest in the country.

He said the decision has not been confirmed as the government had to  consider other people who used Facebook wisely.

He said the government was working closely with Tonga Cable on its plan.

Hon. Pōhiva denied claims the move by government to close down Facebook was made because of criticism of his government. He said since he became involved in politics criticism has become part of his life.

He said he believed his critics had no other way to try to bring down his government and now they had made serious allegations against the king to agitate him against his government.

Police Minister Māteni Tapueluelu said in a separate interview with Television Tonga this week that the Ministry of Police, the Office of the Attorney General and the Ministry of Information (MEIDECC) were working together to resolve the problem.

Facebook had been formally contacted about the allegations.

The Minister had to act on the allegations because they compromised national security.

He said the problem with contacting Facebook it took too long for the government to  receive a response.

Hon. Tapueluelu described the allegations against the royals as disrespectful and vicious.

The Facebook group

The allegations were posted on what appears to be a fake Facebook group account by the name Mo’oni mo Totonu or Truth and Right.

The post has sparked a public outcry this week with many calling on authorities to investigate and bring those responsible to justice as it has breached the cultural taboo of respect for royals.

The closed Facebook group, which has more than a thousand members, appears to be a political page supporting democrat supporters. The list of administrators of the group included what appeared to be fake names, including Temokalati Ma’a Tonga or Democracy for Tonga and Liukava He Taimi ni or Stage a Coup-d’etat now.

Democrats supporters have accused royal supporters of creating the Facebook group to infuriate the king against the liberal supporters and the Pōhiva government.

At one stage the group published information alleging the page was owned by the Prime Minister’s daughter and wife of the Minister of Police, Lautala Tapueluelu. Lautala went public on Facebook this week and denied the claims vehemently.

However, the allegations have also brought the royal and democrat supporters together this week with many saying no matter how different their political beliefs were there was no place for such allegations against the Hau E Fonua or the Victor of the Nation.

Some people have claimed that analysis of the Facebook account showed it originated in Australia.

Complaints

Facebook and its owner Mark Zuckerberg have been widely criticised in several countries for the way the company operates and for failing to stop inflammatory material being posted.

There have also been complaints that Facebook shows contempt for government concerns.

A British House of Commons report on online abuse said: “Companies like Facebook should not be allowed to behave like ‘digital gangsters’ in the online world, considering themselves to be ahead of and beyond the law.”

The main points

  • Vicious allegations of a sexual nature against the king and his daughter Princess Angelika have triggered a move by government to shut down Facebook in Tonga.
  • Prime Minister ‘Akilisi Pohiva said he was seriously concerned at the allegation and the possibility for a Tongan or Tongans to publicly make such a serious accusation against the royal family.

For more information

The law is closing in on Facebook and the ‘digital gangsters’

Tonga bounce back to end PNC with win

By
Kaniva Staff
-

By Radio New Zealand

Tonga have ended their Pacific Nations Cup rugby campaign on a winning note, defeating Canada 33-23 in Fiji yesterday.

Both sides had lost their previous two PNC matches, but it was the Tongans who held on for victory at Lautoka’s Churchill Park.

Tonga were blown off the park last week 41-7 by a speedy and physical Japan team, and in the opening stages of Friday’s match it seemed they had taken a leaf out of the Brave Blossom’s book, racing away to a 19-8 half-time lead through tries to outside backs David Halaifonua and Viliami Lolohea and new centre Malietoa Hingano.

Replacement prop Latu Talakai extended the Tongans lead early in the second half and they threatened to run away with the match.

Up to this point in the match, Tonga had played with aggression making inroads in the Canadian defence through their hard and straight running, typified by some outstanding bursts by replacement loosie Sione Vailanu.

However the Tongans faded in the last quarter of the match, something that will continue to concern coach Toutai Kefu, allowing Canada to score three tries in that period.

But the ‘Ikale Tahi held on to win the match points and as coach Kefu said, it gave them a lot to work on heading into pre-world cup tests against Fiji and New Zealand.

“We just need to keep chipping away at stuff, as you can see from that game, there is a lot of things we did wrong there tactically so we can definitely get a lot better,” he said.

Kefu cited discipline as a key thing to work on over the next few weeks.

‘Ikale Tahi captain Siale Piutau said his team had worked hard over the past month so the win was well deserved but there were still some lessons to take out of the match.

“We are just trying to get fitter, get stronger, obviously to try and compete with those tier one nations.”


Bankrupt lawyer claims Supreme Court judgement will cause embarrassment in Tonga

By
Philip Cass
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Tongan lawyer Kahungunu William Barron-Afeaki claims that being declared bankrupt will cause him acute embarrassment in Tonga.

Barron-Afeaki, who is a senior counsel to the Supreme Court of Tonga and provided advice to the king and government, has been declared bankrupt by the New Zealand Supreme Court.

Associate Judge John Mathews Judge Matthews said Barron-Afeaki would have lesser standing within the culture and community of Tonga as a result of the judgement.

“It is fair to record that Mr Barron-Afeaki has entirely brought this upon himself by not meeting his commitments to the Commissioner for the last five years,” the judge said.

The New Zealand Herald reported that this was the second time the Tongan lawyer had been declared bankrupt.

In 2011 the Inland Revenue Department successfully sought a declaration after it said he owed $415,808 in unpaid tax.

This time the IRD won a declaration from the New Zealand Supreme Court after it said he owed $245,430.88.

Despite being declared bankrupt, Barron-Afeaki is allowed to continue working as a lawyer.

Counsel

On his website Barron-Afeaki describes himself as a senior counsel and a commissioner of oaths in the kingdom of Tonga and principal researcher and of the Pacific Island Crime Prevention Strategy for Auckland Region in 2005.

He obtained arts and law degrees from the University of Auckland, but stopped work on a doctorate 14 years ago.

One of his brothers is a member of Tonga’s Privy Council.

He was Legal Counsel for the former Minister of Transport Paul Karalus during the Royal Commission of Inquiry into the Sinking of the MV Princess Ashika.

The Royal Commission found the ship was “unquestionably unseaworthy and in an appalling condition”.

It said Karalus “lacked any credibility or plausibility”.

“If Mr Karalus had properly carried out his duties and responsibilities, Ashika should never have been purchased.” 

Following the Commission he was one of a group of lawyers who issued  warnings to the  media about how they reported on the quashing of perjury charges against Lord Dalgety.

The main points

  • Tongan lawyer Kahungunu William Barron-Afeaki claims that being declared bankrupt will cause him acute embarrassment in Tonga.
  • Barron-Afeaki, who is a senior counsel to the Supreme Court of Tonga and provided advice to the king and government, has been declared bankrupt by the New Zealand Supreme Court.

For more information

Inland Revenue claims Tongan King’s lawyer owes $245k, High Court declares him bankrupt

Kiwi guilty of manslaughter in Ashika disaster

Lawyers warn media after Tongan discharged

Gov’t payment for Lord Fusitu‘a’s air ambulance sparks fierce online debate

By
Kalino Latu
-

The government’s hiring of an air ambulance which airlifted one of the king’s high profile nobles to a hospital in New Zealand on Sunday has divided social media users.

As Kaniva news reported, 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.  

No further details about his condition were available from the authorities.

The Minister of Finance confirmed this morning that the government had paid for the noble’s expenses, but he did not reveal the amount of money paid.

Democrats and royal supporters clashed on Facebook, with many suggesting it was time to review MPs’ and government officials travel and medical entitlements.

Democrat supporters insisted the cost of the air ambulance was too much to be spent on Lord Fusitu’a alone while the government budget relied heavily on overseas donors to buy medication for the country.

Royal supporters insisted Lord Fusitu’a was entitled to have his full costs paid because it had been done for government officials in the past, including the Prime Minister ‘Akilisi Pōhiva.

Hon. Pōhiva was treated for a liver condition in New Zealand earlier this year

The fact the aircraft arrived in Tonga on a Sunday which required special approval from the Minister of Police revived the debate about Tonga’s Sabbath laws. The government restored the ban on selling bread on Sundays in 2017.

Expenses

The Minister of Finance Pōhiva Tu’i’onetoa said the costs were paid from Parliament’s Overseas Medical Treatment budget.

The payment in New Zealand dollars covered the “International Air Ambulance Transfer and ICU Medical Team,” the minister said.

The payment was released according to the parliament’s guideline for any member who was sick, Hon. Tu’i’onetoa said.

However, he said Lord Fusitu’a’s case was different because it involved hiring an air ambulance so the Ministry sought advice from the Attorney General’s office before it processed the payment.

He said the parliament and government leaders were sent overseas for medical treatments in the past and when there were questions about it he just gave a very brief response. He said there had been a number of queries from the public regarding Fusitu’a’s case.

The furore on Facebook has attracted calls by community leaders for online users to keep the peace and be patient.

Professor Siosiua Lafitani warned his Facebook followers and debaters he would unfriend and block anybody who may use foul language either against Lord Fusitu’a or the Prime Minister.

Free Wesleyan church minister Rev Sēmisi Kava has posted religious advices on Facebook which included  Biblical scriptures to help those who swear, use foul and threatening languages and have no respect to others.  

The debate

The royal supporters said the Prime Minister was often taken to New Zealand for medical treatment, but it was time for him to resign because of his medical health.

Democrat supporters said Hon. Pōhiva contributed to his spending by paying for his travel and accommodation expenses in New Zealand with his own money.

Some democrat extremists said they wished Lord Fusitu’a would die from his illness because he was a fierce opponent of the government in Parliament when it comes to Bills submitted by the people’s government. The noble’s supporters responded and warned these critics to say things they would like in turn to be said for their own parents or family members

Some Facebook users appeared to be foreigners who were working in Tonga joined the debate and said it was not fair for taxpayers to pay for an air ambulance to take one person to be treated overseas while there were hardly any toilet paper in some of the hospitals at the outer islands.

Some said it was morally wrong to have taxpayers pay for these expenses while the commoners could hardly feed their families.

Former MPs medical expenses

Former Prime Minister Lord Tu’ivakanō was regularly sent to New Zealand for checkups after he suffered a minor stroke while in New York attending the United Nations General Assembly in 2013.

His medical expenses and flights were paid from taxpayers’ money.

Kaniva News understands a former Prime Minister, who was wheelchair-bound, died after spending months in an Auckland hospital. While he was in New Zealand all his expenses, including the staff looking after him, were paid from taxpayers’ money.

A former Minister of Police was flown to New Zealand on a medical flight while he was seriously ill, but died during the flight. All expenses were paid from the taxpayers’ coffers.

The main points

  • The government’s hiring of an air ambulance which airlifted one of the king’s high profile nobles to a hospital in New Zealand on Sunday has divided social media users.
  • As Kaniva news reported, Lord Fusitu’a was hospitalised and his health deteriorated.

For more information

Tonga PM resting ahead of Tuvalu trip next week

Mysterious woman at airport who triggered furore with Lord Fusitu’a’s doctor revealed; PM’s son lambasts critics for wrongly blaming daughter

By
Kalino Latu
-

The identity of the young woman who was harshly criticised by supporters of Lord Fusitu’a who accused her of disrespect for allegedly livestreaming the noble can be revealed.

She was an employee of the Ministry of Customs’ intelligence unit who was there to do her job as a camera woman.

A source told Kaniva news this was part of the Ministry’s safety operation at the Fua’amotu International Airport when overseas aircrafts arrived.

The Ministry did not respond to our request for comment.

The incident was caught on video which apparently was not close enough to the aircraft to pick up the audio and sounds from there.

The employee was seen being led by airport security across the tarmac to the aircraft shortly before the hospital ambulance arrived with Lord Fusitu’a and his medical team.

Another woman went out of the ambulance and began talking to the employee. Various sources claimed the woman was Lord Fusitu’a’s doctor or the noble’s in-law, Alamea Fulivai.

It appeared that she was stopping the employee from taking photos or livestreaming.

At one stage, a man, who is understood to be a police officer, intervened and talked to the doctor.  

Various sources claimed the officer was trying to tell the doctor it was the employee’s job to take photos for the Ministry.

It appeared the authority was concerned at the noble’s health and how he was medically dressed because of his illness.

He was brought to the airport on a hospital bed. He was covered with a white blanket and some photos showed his eyes were blindfolded while one of his hands was attached to an intravenous drip. 

Some people who were near the video while it was taken could be heard abusing at the employee. It appeared they thought the employee was a member of the public and they questioned why she was allowed onto the tarmac.

Accusation against PM’s granddaughter

Government supporters alleged some critics of the government created fake Facebook pages pretending to be by the Prime Minister’s children and grandchildren to facilitate their hate campaigns against the government. 

One of these fraudulent Facebook groups claimed the employee at the airport was Neomai Jr Pohiva, a granddaughter of the Prime Minister.

It shared a photo of Neomai and alleged it received evidence it was Neomai who was at the airport to take the photos of Lord Fusitu’a.

Neomai’s  father, Siaosi Pohiva ,denied the claim, saying it was unfortunate campaigners against his father’s government could use her daughter as a weapon to attack the government and the Prime Minister’s family.

The main points

  • The identity of the young woman who was harshly criticised by supporters of Lord Fusitu’a who accused her of disrespect for allegedly livestreaming the noble can be revealed.
  • She was an employee of the Ministry of Customs’ intelligence unit who was there to do her job as a camera woman.

Tribunal dismisses appeal; tells stroke victim she must return to either Tonga or Germany

By
Philip Cass
-

The New Zealand Immigration and Protection Tribunal has told a German woman and her son they must return to Tonga, where they once ran a successful tourist business, or to Germany.

The Germans moved to Tonga in 1989 and built up their business over many years.

The mother suffered a stroke at the beginning of 2015 while she was in New Zealand promoting their business. She received treatment in New Zealand for three months and then returned to Tonga.

The mother and son made two further visits: in October 2015, for a month, and in early 2016, for three months. In mid-2016, the son’s wife died suddenly in an accident in Tonga.

They later sold their business in Tonga because it was difficult to continue to operate their business due to their changed circumstances. The son is his mother’s primary caregiver.

In 2017 the mother and son arrived in New Zealand on visitor visas, which were later extended.

They lodged further appeals and their representative sought permission for them to remain in New Zealand for up to two years more to help the mother recover.

Their applications for new visas were declined in March this year, since when they have  been illegally in New Zealand.

The  mother and son applied to the Tribunal  for permission to stay on exceptional humanitarian grounds, but their appeal was knocked back.

The Tribunal said the circumstances of the case were sad and would cause distress to the woman.

However, it noted that they had substantial investments in Tonga and a regular  monthly income.

The Tribunal said the family could also consider returning to Germany, where medical and rehabilitation facilities would be available, although they had not lived there for  nearly three decades.

“Their deportation will lead to concern and disappointment and may hinder the possibility of any further potential gains in the mother’s rehabilitation.” The Tribunal said.

“While understanding that the mother’s life here may be more comfortable and perhaps provide some further rehabilitation gains, having considered the appellants’ circumstances, individually and cumulatively, the Tribunal finds these circumstances do not meet the high threshold required for exceptional circumstances of a humanitarian nature.

“The appellants’ departure from New Zealand requires careful preparation and planning because of the ongoing health situation of the mother.

“They will have to find suitable accommodation, in Tonga, or Germany, and make arrangements for the mother’s rehabilitation, and the transportation of her rehabilitation dog to the country to which they travel.

Therefore, the Tribunal orders that the appellants each be granted a visitor visa, for a period of six months.”

The main points

  • The New Zealand Immigration and Protection Tribunal has told a German woman and her son they must return to Tonga, where they once ran a successful tourist business, or to Germany.
  • The Germans moved to Tongs in 1989 and built up their business over many years.
  • In January 2015, while in New Zealand promoting their business, the mother suffered a stroke.

Supreme Court rejects appeal in Pacific Games case, but leaves way open for further submissions

By
Philip Cass
-

In his last ruling in the Supreme Court, Lord Chief Justice Paulsen has partly rejected an appeal by Lord Sevele ‘O-Vailahi against the government.

Lord Chief Justice Paulsen said part of the plaintiff’s complaints were untenable, but made provision for an amended appeal to be made.

The case stems from the government’s decision in to withdraw from hosting the 2019 South Pacific Games.

The government passed an act repealing the Pacific Games Organization Act, which provided a legal framework for withdrawing its commitment.

As a result, the body formed to organise and oversee the 2019 games, the Tonga Pacific Games Organizing Committee decided to dissolve itself and agreed to pay the noble TP$105,869.89 for his services as its chief executive.

It then claimed the government was responsible for paying the money.

The government declined to respond and legal action was taken against the government in January 2018 on the basis that the repeal of the Act was in breach of the government’s statutory duty.

This appeal was dismissed.

In the new appeal, the plaintiff argued it was argued that the government’s actions were unconstitutional in that by not paying him the money claimed, the government was breaching the constitution by taking away his right to receive a settlement.

The government applied to have the appeal struck out, arguing that the payment to Lord Sevele was essentially a “golden handshake” and the government could reasonably be expected to pay it.

The government argued the Repeal Act had been passed before the settlement between Lord Sevele and the Organizing Committee occurred, so there could be no claim its effect was retrospective.

After hearing evidence from Lord Sevele’s counsel, Lord Chief Justice Paulsen said there was no evidence that the Organizing Committee could not have expected the government to pay Lord Sevele’s settlement.

Nor did he agree that the Repeal Act did not offend against the rule on retrospective legislation.

Lord Chief Justice Paulsen ruled that Lord Sevele’s remedy was limited to declaratory relief only.

He said by August 28 at the latest legal counsel for both sides should prepare submissions for the new Lord Chief Justice which could include provision for further amended statements of claim.

The main points

  • In his last ruling in the Supreme Court, Lord Chief Justice Paulsen has partly rejected an appeal by Lord Sevele ‘O-Vailahi against the government.
  • Lord Chief Justice Paulsen said part of the plaintiff’s complaints were untenable, but made provision for an amended appeal to be made.
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