The Prime Minister of Tonga, ‘Akilisi Pōhiva, has every intention of going to next week’s Pacific Islands Forum summit, despite being in hospital at the moment.
A spokesman said Pōhiva had been resting in hospital in Nuku’alofa since last week.
He had extensive medical care for a liver condition in New Zealand earlier this year, and after returning home in June was under instructions to rest but the spokesman said he started working too early and got tired.
But he said Pōhiva is intending to go to India this week for a meeting, and to Tuvalu next week for the summit.
Meanwhile Kaniva News reports the Noble MP Lord Fusitu’a has been airlifted to Auckland for medical treatment.
The online news site reported Fusitu’a’s health condition was deteriorating and he had been using a ventilator while in the intensive care unit.
The
Supreme Court has ordered Tongasat to lodge TP$35,000 with the court
by November 1 as a security against further costs in the case.
Lord
Chief Justice Paulsen warned that the case, which will now continue
into 2020, would not proceed any further if the payment was not made.
Lord
Chief Justice Paulsen, in what is likely to be his last involvement
with the lengthy and contentious case, was ruling on a submission
from Tongasat against an earlier ruling that it must lodge money as a
security against costs.
Prime Minister ‘Akilisi Pōhiva, who began the case against Tongasat when he was leader of the Opposition, applied for security for costs because it wanted to present more evidence. On February 28 this year the court rules Tongasast had to lodge TP$15,000 no later than March 5.
In
July a conference of the interested parties was held to discuss
issues surrounding the case further.
After hearing argument from counsel for both sides, Lord Chief Justice Paulsen ruled that Tongasat should pay security and dismissed arguments that Hon. Pōhiva should have to make a fresh application for costs.
The
judge said the question of whether Tongasat should provide security
for costs had already been decided.
He
ruled that Tongasat should provide a further TP$35,000 security
against costs, bringing the total to TP$,50,000.
He
said the complex nature of the case and the in depth analysis of the
evidence that would be required justified the request for security
against expenses to be lodged.
He
ordered the money be lodged by November 1 and said that if the money
was not paid, any further action would be halted until the court made
an order.
“As I am about to finish my tenure, I will refer the file to the next President of the Court to deal with these matters upon payment of the security for costs,” Judge Paulsen said.
A man will face court later this week charged over the alleged sexual assault of a child Friday August 2.
The suspect kidnapped the four-year-old victim before the alleged assault took place at Nukunuku, Hihifo, Tongatapu.
The 20-year-old accused remains in police custody following his arrest on Saturday 3.
“Police have arrested and charged a man in relation to a
sexual assault on a four-year-old girl on Friday 2nd of August 2019. A
20-year-old man residing in Nukunuku was arrested on Saturday 3rd of August
2019 and charged with kidnapping and sexual assault. He is remanded in police
custody to appear in court later this week,’ a Police statement said.
New Zealand High Commissioner to Tonga Her Excellency Tiffany Babington and Warrant Officer Peter Hutton laid a wreath this morning in Nuku’alofa to mark the 10th anniversary of the MV Princess Ashika tragedy.
The doomed ferry sank on 5 August, resulting in the deaths of 74 passengers and crew.
There were 54 survivors.
The ship sank just before
midnight. Eyewitnesses said it capsized in a few minutes after water started
seeping into the lower decks.
Neither the bodies nor the vessel
could be recovered, although the searchers were able to locate them and took
video footages and digital photographs.
The dead passengers included all
the women and children on board. Of the victims, 13 were aged under 10 and
three were infants. The oldest victim, Fifita Taufo’ou, was 77.
Some people were charged and
jailed after the tragedy, including the captain of the vessel Makahokovalu
Tuputupu, Acting Director of Marine and Ports Viliami Tu’ipulotu and John
Jonesse the Managing Director of the Shipping Corporation of Polynesia
Ltd, which owned the vessel.
Seven years after the MV Princess
Ashika sank, Prime
Minister ʻAkilisi Pohiva said there was still time to bring all those
responsible to justice, but the government does not have the money to pursue
the case.
The Prime Minister said it was a
criminal case and there was no time limit on when the government could proceed
with legal action.
A post by the New Zealand High Commission office in Tonga to its Facebook page this morning read:
“Today marks the 10th
anniversary of the sinking of the Princess Ashika in which 74 people lost their
lives. HE Tiffany Babington and Warrant Officer Peter Hutton presented a wreath
this morning to commemorate those who had passed away. Rest in Peace.”
All Blacks players have banded together to support loose forward Vaea Fifita after his young brother died in an accident in the USA last week.
Fifita, 27, has travelled with the All Blacks to Perth for this weekend’s Test against the Wallabies, despite the loss of his brother Albert John Mapa who drowned at the Provo river.
As Kaniva news reported last week, Mapa, who was also known as AJ, reportedly jumped off a pedestrian bridge into the water behind the dam. Family and friends who were with him in the area told officials they could see Mapa “appeared to be in trouble,” a press release said.
Search and Rescue crews found his body more than three hours later.
Fifita has shared an emotional tribute to his brother. In a picture posted to Twitter he wrote:
“I can’t believe that you’re gone little brother. It
hurts so much,” Fifita said.
“You’ve been called by God to be with him. Although
it’s tough and we are struggling to understand why you had to go so young but I
know you’re in a better place. I miss you so much man.”
All Blacks’ coach Steve Hansen said the team is supporting
Fifita.
He confirmed prior to the squad’s departure out of Auckland
for Perth on Saturday morning that Fifita was part of a reduced travelling
contingent, with fellow loose forward Luke Jacobson and young five-eighth Josh
Ioane (a squad add-on for development purposes) both ruled out because of
concussion symptoms.
“You’ve all heard the news about Vaea, which is
incredibly sad.
“We pass on our condolences to his family, but he is
travelling.
“We’ll get round him.”
Mapa was laid to rest on Saturday at Valley View Memorial, West Valley City, Utah.
Two cousins have been jailed for their roles in an execution-style murder linked to the Comancheros in Māngere.
Abraham Tu’uheava was shot dead and his wife Yolanda severely injured on Greenwood Road on 1 May last year.
Cousins Fisilau Tapaevalu and Mesui Tufui were found guilty of murder and attempted murder in the High Court at Auckland in June.
Another cousin Villiami Taani – a patched Comancheros member – admitted the charges before trial and was jailed for life with a minimum non-parole period of 17-and-a-half years last month.
The three men met Abraham Tu’uheava on the rural stretch of road to carry out a methamphetamine deal in the late hours of 30 April.
Mr Tu’uheava, a patched Nomads member, had recently moved back from Australia and was dealing methamphetamine in the South Island.
The young father took $63,000 cash with him to the meeting after Taani, who brought firearms with him, contacted him on 27 April.
The Crown’s case was that all three men – Taani as the principal offender – worked together to execute the killing.
At trial Tapaevalu maintained he and Tufui were at the Greenwood Road meeting but said he didn’t know about a plan to hurt the Tu’uheavas and fell asleep in the car before waking up to gunshots, fired by his two cousins.
Tufui had told police in an interview he was never at the Greenwood Road meeting and it was a case of mistaken identity; Tu’uheava’s wife, Yolanda, having identified him as one of two shooters from a photo board.
Yolanda Tu’uheava miraculously survived the ordeal despite being shot twice in the head and still has a bullet lodged in her brain that surgeons could not safely remove.
She described being forced out of the car at the late night meeting and being held at gunpoint with her husband by Taani and Tufui.
She told the jury she begged for her life, telling the men she was pregnant, and tried to run away with Mr Tu’uheava before being followed and shot anyway.
Mr Tu’uheava died quickly while Yolanda pretended to be dead on the grass roadside and was spotted by a passing motorist the following morning.
No one from the Tu’uheava family were in court for sentencing this morning; Mrs Tu’uheava having declined Taani’s offer to participate in restorative justice.
Justice Lang said while shooting was carried out in the commission of another serious offence he did not accept the killing was premeditated.
Tufui had previously pleaded guilty to one charge of possessing methamphetamine while Tapaevalu admitted two charges each of possessing methamphetamine and unlawful possession of a firearm.
Justice Lang jailed both men for life. Tapaevalu will serve 17 years before he is eligible for parole while Tufui was sentenced to a minimum period of 19 years.
After months of wrangling, the government’s six urgent bills still appear to be in limbo.
The
government has remained silent on the issue and not responded to our
request for comment. There is no record in Hansard of the bills
progressing successfully through Parliament.
The
result of the bills would be to give the government, rather than the
king, control over key judicial and police appointments.
Even
if the bills are passed by the House, they may raise serious legal
challenges.
As
Kaniva News
reported last year, New Zealand legal expert Dr Rodney Harrison said
the king had withheld or deferred his signature from a number of
pieces of legislation because they had been deemed to be
inappropriate or unconstitutional.
If
it was thought the new bill infringed on his powers, they might be
rejected.
However,
Dr Harrison said the king had no right to judge the merits of
legislation passed by Parliament.
He
said that under the 2010 Constitution, review and evaluation of the
merits of legislation passed by the General Assembly did not fall
within the scope of the king’s powers of sanction and signature.
He said the extent of the king’s power might have to be resolved in court.
The government proposed the
bills in May, but Noble MPs walked out of Parliament and refused to
co-operate with the government.
Lord Tu’ivakanō
The bills are based on legislation proposed by the last government but which were never passed.
Those
bills were made in response to a report on the Constitution by Peter
Pursglove in 2014. It recommended that the Attorney General must be a
member of cabinet and that the judicial panel which chose judges was
dangerous as it was accountable to no one.
A number of people who have loudly opposed the bills in 2019 are the same ones who tried to push the bill through in 2014 before ‘Akilisi Pōhiva and the Democrats gained power.
The six new bills were initiated by Lord Tu’ivakanoo’s government in 2014. The noble MPs supported the bills including some independent people’s representative such as MP Sāmiu Vaipulu and former MP Dr Viliami Lātū.
However, when the Pōhiva government submitted the Bills to the House the same noble MPs, including MP Vaipulu attacked it and said the Pōhiva government was trying to remove some of the king’s powers.
Consultation
There
has been fierce argument over the right of the public to comment on
the bills. The
government said there had already been public consultation on the
bill by the previous government and that it had sought a public
response using talkback radio.
In his latest speech to Parliament the king appeared to support a public consultation conducted by a Parliament committee led by Lord Fusitu’a and Hon. Vaipulu and the Attorney General’s office on the Bills.
Lord
Fusitu’a claimed the public consultations showed people did not want
the law changed.
“It’s
an overarching statement by an overwhelmingly large majority,”
he told Radio New Zealand.
“The
people have spoken and have rejected six bills, including the
constitutional amendment.”
However,
the Democrats have criticised the consultation process, saying it was
not conducted in a clear, transparent and accountable way.
They
said Hon. Vaipulu and Lord Fusitu’a repeatedly went on radio and
television Tonga telling the public the bills were an attempt to
remove the king’s powers.
Prime Minister ‘Akilisi Pōhiva said there was no law in Tonga to stop people from submitting a bill to remove any power of the king. He said the last time the people submitted a bill to remove the executive power of the king was before 2010. His Late Majesty King George V accepted it and relinquished his executive power in 2010.
Hon. Pōhiva said the majority of voters still backed his government and the new Bills.
The
main points
After months of wrangling,
the government’ six urgent bills till appear to be in limbo.
The result of the bills would
be to give the government, rather than the king, control over key
judicial and police appointments.
Even if the bill are passed
by the House, there may still be serious legal challenges.
For
more information
Review
and judgement of laws passed by Parliament not in king’s power,
says lawyer
An aircraft has transported Lord Fusitu’a to a hospital in New Zealand today Sunday 4, a Ministry of Health source has confirmed to Kaniva news this evening.
It is understood the aircraft has been hired from New Zealand by the Tongan government.
As we reported yesterday, Lord Fusitu’a’s health condition was deteriorating and he was “very slim,” the source said.
The king’s noble was “on the ventilator“ at Vaiola’s intensive
care unit.
As Kaniva news reported previously, the source
said “He is very sick,” but gave no further details.
Meanwhile, Prime Minister ‘Akilisi Pohiva was admitted to hospital after suffering what our source said a light illness after he appeared to have been using a fan to cool himself off.
Reverend Sēmisi Kava visited Hon Pōhiva this afternoon.
He told Kaniva news the Prime Minister was fine and he was planning to travel to India this week for a meeting.
Japan and the USA will decide the Pacific Nations Cup title next week when they meet in Suva after victories over Tonga and Samoa respectively.
Both sides are unbeaten, with Japan thumping a visiting Tonga 41-7 and the USA sneaking past Samoa 13-10 in Suva.
Japan’s Brave Blossoms impressed with their second consecutive win over a Pacific Island side; their speed, handling and tenacity in the tackle shining through at Hanazono Stadium.
The home side contained a number of players with Tongan heritage and two of them, prop Asaeli Valu and number eight Amanaki Mafi, crossed for tries within the opening quarter of the match.
That early momentum was never lost with a 21-0 lead at the break followed by three second half tries creating a PNC decider when Japan meet USA next week in the final round.
Japan captain Michael Leitch said his team achieved what they wanted and he rated it an eight out of ten performance.
Tonga coach Toutai Kefu said he was disappointed but had to give credit to Japan who played and finished well.
Tonga’s only points came through a try by lock Leva Fifita, which was converted by halfback Sonatane Takulua.
USA Eagles fly high in Suva
The Americans also remain unbeaten after two rounds thanks to an injury time penalty to first-five A.J MacGinty which delivered them the victory over Manu Samoa.
Samoa’s Alapati Leiua scored a fifth minute try after an earlier MacGinty penalty had drawn first blood for the Eagles.
However it was MacGinty himself he crossed the line and regained the lead for the USA 14 minutes later.
The score remained the same until a 72nd minute penalty by second five Henry Taefu and the match looked headed for a draw.
However MacGinty was given one last chance to score with a penalty awarded near the Samoan 22m line which he slotted to the glee of the American side.
Historically Samoa had won the first five meetings between the two side but now the USA have notched up the last two consecutive victories.
Fiji bounce back to beat Canada
Fiji recovered from their first round loss to Japan, with a convincing 38-13 victory over Canada in Suva.
Flying Fijians coach John McKee made wholesale changes to the side that lost last week to Japan and the result was a much improved effort at ANZ Stadium.
Despite the return of attacking backline threats like Semi Radradra, Eroni Sau and Josua Tuisova, it was the forwards who made their mark in particular with five of the Fijians six tries scored by members of the pack.
Tuisova did mark his return well, crossing over for a 48th minute try.
Meanwhile star lock Leone Nakarawa also celebrated his first test as captain with a try.
Viliame Mata, Peceli Yato, Peni Ravai and replacement hooker Mesulame Dolokoto were the other tryscorers.
Nakarawa told reuters his team played really well but there were still improvements to be made heading into next week’s final round of the PNG but also looking beyond to the World Cup.
“If we look after the little things, the big things will follow,” he said.
In the final round of the PNC Tonga will meet Canada in Lautoka on Friday afternoon.
Japan and the USA will play in Suva before the test between Fiji and Samoa.
A man who drowned at Fua’amotu sea is being hailed a hero for
saving the life of another person after a rogue wave swept them out to sea.
The
body of 19-year-old Toupili Finau has still
not been found since July 29.
It
was not clear what had happened to the other victim the family said Finau was
trying to rescue.
Tonga Police said an extensive search including multiple shoreline searches were carried out by Search and Rescue team.
Finau’s sister who goes by the Facebook name Andria Tangataevaha was heartbroken and she took to Facebook to share her grief.
“You swam to rescue another life who was in difficulty, and that because you were a person who put other people’s lives before you. That’s how you were being described. You were a hero. You were a champion after you died for other people.”
In Tongan, she wrote on Facebook: “’A si’o kakau ke kaufaki’i e mo’ui ne ‘i mu’a iate koee he nake fkmuomua maupe koe other people before you..!! Kohono fakamatala’i ia koee Koe “Helo” koeee koe “To’a” keke mateaki si’o mo’ui ma’aha ni’ihi kehe…
The family members and friends, who have been camping at the beach since Finau went missing, held prayer services and assisting the Rescue team.
