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Driver arrested after hitting one-year-old girl in Tongatapu

A one-year-old girl was in a stable condition after being hit by a car at Vaiola hospital.

A 26-year-old man from Sopu was arrested and charged with causing injuries by negligent driving after the girl sustained head injuries on Tuesday morning, Tonga Broadcasting Commission has reported.

The victim was with her grandmother, who was busy talking to other people, while the girl was trying to cross to the other side of the road, TBC quoted Police Chief Inspector Lemoto Piliu as saying.

It said the driver of the vehicle “accidently hit the victim, while he was on his way to pick up his mother from the hospital.”

Inspector Piliu has reportedly appealed to parents to keep their children under close supervision – particularly near traffic.

Jail for Tongatapu attempted rape of 80yo woman ‘who loved and educated’ the prisoner

The man who attempted to rape an 80-year-old woman in Kolomotu’a was reportedly loved and educated by the victim.

Siaosi Havea was sentenced to two years and six months jail in Hu’atolitoli after pleading guilty to break, enter and attempted rape charges.

Havea went to the home to ask for food. But while in the house he committed the crimes on April 5, 2018, Kakalu ‘O Tonga newspaper reported.

The judge said Havea was drunk and drugged before he grabbed the victim by her throat and attempted to rape her.

However, he fled the scene after the woman’s son-in-law was awaken by her screams.

The prosecutor asked for a starting point of five years but the judge ruled a starting point of four and six months saying there was a good reason to reduce his sentence, the paper said.

The judge accepted Havea was genuinely remorseful after he admitted he committed the crimes, his early guilty plea and was cooperative with Police.  The judge reduced his sentence to three years and six months, Kakalu said.

The judge also suspended the last 12 months to allow the prisoner an opportunity to join alcohol and drug programmes

The court was told Havea had previous criminal records.  

Tongan scholar exposes youth suicide rate, says more research needed to find ways to help

Young Tongans have the highest rates of youth suicide in New Zealand, according to a newly completed doctoral thesis by a Tongan scholar.

Dr Lolohea Tongi’s thesis was awarded by Griffith University in Brisbane.

Her research looked at mental health issues in young Tongans in New Zealand and Australia.

Dr Tongi said her research called for more research to find effective way to help Tongan youth.

Young Tongans did poorly in education and were over-represented in the criminal justice system.

Young people often faced pressure in adapting to a host country with different family and cultural values.

“In order to understand the well-being of young Tongans, it is essential to take account of the impact of migration on them and their families,” she said.

“The outcomes of New Zealand Tongan and Australian Tongan youth warrant concern and intervention.”

Dr Tongi’s family gathered in Auckland on Saturday, July 27, to celebrate the award of her thesis.

Family members from Australia, including her aunts and cousins, attended

It was also attended by members of the New Lynn Pulela’a Church, to which Dr Tongi belongs.

A number of Tongan faivas were performed during a feast.

The main points

  • Young Tongans have the highest rates of youth suicide in New Zealand, according to a newly completed doctoral thesis by a Tongan scholar.
  • Dr Lolohea Tongi’s thesis was awarded by Griffith University in Brisbane.

Fundraiser for Tongan teen killed in US shooting

WEST VALLEY CITY, Utah — An online fundraiser has been set up for the family of Tongan teenage boy who died after a shooting early Sunday morning 17 in West Valley City.

Neko Noa Jardine was rushed to hospital where he underwent surgery for his injuries.

Police said he and two other young men were confronted by unknown suspects outside a home near 5600 West and 4300 South.

He was shot in the neck, chest and abdomen and was taken by a friend to the hospital.

The police tweeted his death on Sunday evening, but no further details were made available, Gephardt Daily has reported.

The call initially came in as a drive-by shooting, but police believe the shooting also involved some sort of confrontation or altercation.

In this same incident, a 17-year-old male was shot three times in the legs and an 18-year-old male had a large cut on his arm. Both of those victims were transported by ambulance to the hospital, where they were treated for their injuries and released.

On Tuesday, West Valley City police released a photo showing part of a suspect vehicle that may be connected to the homicide.

“Investigators have obtained a partial photo of the suspect vehicle in the shooting homicide of 19-year-old Neko Jardine,” says the WVCPD tweet, issued Tuesday.

“It’s a red sedan, possibly Nissan Altima or Maxima. Please RT & if you recognize this vehicle or have info about this crime, call 801-840-4000.”

The GoFundMe page set up by Jardine’s family said: “Our sweet boy, Neko Noa Jardine, returned home to our Heavenly Father — Sunday, July 14, 2019.

“Neko was raised by his Nana, Sherry Jardine, who became everyone’s Nana. Nana raised him and helped him excel in sports, academics, church events, and watched him thrive with all his friends and family. Neko was an example of loyalty, hard work, service and known for being there with you ’til the very end.

“On behalf of Neko Noa’s Family — Nana, Jason, Leslie, Sione and Tuna. We want to thank you all for the outpouring of love and support for our family and for our Neko Noa. Despite the way he was taken from us, we will forever be grateful that he was given to us in the first place.”

“Please help us is in supporting his Nana during this hardship by donating to this GoFundMe account. All proceeds will be used for his medical expenses and funeral services. Thank you for all your love and support. Malo Aupito. Ofa Lahi Atu.”

New Chief Justice named as Justice Michael Hargreaves Whitten

Justice Michael Hargreaves Whitten will be the new Supreme Court Chief Justice, a spokesperson for the Ministry of Justice has confirmed to Kaniva news.

Justice Whitten from Australia will replace former Chief Justice Owen Paulsen, who has been appointed an Associate Judge of the High Court of New Zealand.  

Paulsen has been the kingdom’s top jurist since 2015 and has led the Supreme Court and the Court of Appeal in the last four years.

Whitten will take up the job after next month.

“The new Chief Justice is Mr. Michael Hargreaves Whitten. He will commence working as the Lord Chief Justice of Tonga on 2 September 2019,” the Ministry of Justice Registrar Fātima Fonua said in an email to Kaniva news this afternoon.

Whitten was graduated with a BCom and an LL.B.

He served at the Public Defenders Office from 1986-1988; Associate Judge Kimmins Queensland District Court 1988-89 ; Solicitor – Blake Dawson Waldron 1989-90 ; Queensland Bar 1991-95 ; Solicitor – Kliger Partners, Victoria 1996.

Whitten has practised in the law for over 30 years, gaining broad experience in various aspects of the profession, the Victorian Bar website said.

In 1996, after migrating to Melbourne, he spent a year at Kliger Partners in commercial litigation before signing the Victorian Bar Roll in 1997. Since then, he has practised predominantly in civil and commercial litigation.

He has appeared in all courts and many tribunals in Victoria, Queensland, NSW, Western Australia and Tasmania, as well as the Federal Court and on special leave applications before the High Court.  He also appears in international arbitrations.  Whitten participates in the   Victorian Bar’s pro bono scheme.

Over the last 15 years or more, Whitten has specialised in all aspects of building and construction disputes

He was honoured with Worldwide Who’s Who for Excellence in Commercial Law (2015), Doyle’s Guide Leading Construction & Infrastructure Barristers – Victoria (2017 and 2018) and Best Lawyers in Australia for work in Construction/Infrastructure Law (2017).

Pacific Games Council hoping to settle dispute with Tonga out of court

The legal dispute between the Pacific Games Council and the government of Tonga could be settled out of court, it has been revealed.

Games Council chief executive Andrew Minogue reportedly said “the PGC had encouraged their barrister to seek opportunities to settle the case with the Tongan Government”, according to a report appeared on insidethegames website.

It quoted Minogue as saying “the view that an out of court settlement would be in everyone’s interest.”

The PGC and Tonga’s Olympic Committee (TASANOC) lodged a claim for millions of dollars of damages against the government for its late withdrawal from hosting the 2019 event.

The kingdom had applied to strike out or stay the plaintiffs’ claims. 

As Kaniva news reported in November last year, the Supreme Court has upheld an application by the government to stay the legal action by the PGC and TASANOC.

 The plaintiffs were seeking damages for breach of a written agreement that the Government of Tonga had agreed to support, facilitate and fund the hosting of the Pacific Games in Tonga in 2019.

The next step in the case is expected in September, with the PGC set to return submissions to the court after it noted defects in their initial claim.

The defects relate to the registration of TASANOC and the PGC.

“Effectively the judge recognised TASANOC exists but in the host city contract it is the Tonga Pacific Games Association and whether they exist,” Pacific Games Council chief executive Andrew Minogue told insidethegames.

For more information

Peters announces two more years support for Tonga’s police

By Radio New Zealand

New Zealand is to provide an additional two years of support to Tonga’s police force to strengthen its capacity to disrupt transnational crime.

New Zealand’s Foreign Affairs Minister Winston Peters made the announcement today during a visit by Tonga’s Minister of Police, Mateni Tapueluelu.

Mr Peters said New Zealand was committed to confronting “the scourge of criminal gangs and organised crime” causing harm in Pacific Islands communities.

In February, New Zealand signed a Memorandum of Understanding with Australia, Tonga and Fiji to target transnational and organised crime in the Pacific.

New Zealand, Tonga and Australia will jointly fund a programme that will see New Zealand Police officers seconded to the Tonga Police to provide training and technical assistance.

In April, the island nation’s police commissioner Stephen Caldwell said the renewal of Tonga’s membership of the International Criminal Police Organization (INTERPOL), would help Tonga meet the threat of cross-border crime, including drug trafficking.

Tonga rejoined INTERPOL in November last year after a 12-year hiatus from the organisation.

Mr Caldwell said crime was becoming more complex and Tongan police needed to strengthen co-operation with other agencies.

Sione Filipe Jr denied bail as his bribery accused released on strict conditions

A Police Magistrate has denied bail for Sione Filipe Jr who was charged with his second drug offense in three months.

The 35-year-old has been kept in custody after an alleged breach of bail conditions.

He is expected to reappear in court tomorrow July 30 for another bail hearing.

His counsel strongly opposed his further detainment. He said “that the evidence against his client is weak and there is no reason for police to further detain him.”

Meanwhile, the police officer  accused of allegedly receiving bribery from Filipe was released on bail today, July 29.

Fanguna Alalea of Tu’atākilangi was released on strict bail conditions which included providing two surety bonds of TP$2,000, he has been forced to surrender his passport, and he has also been placed on the no fly list.  

As Kaniva news reported, Filipe, a son-in-law of Princess Pilolevu and Lord Tuita’s has been arrested for the second time within the past three months after authorities seized illicit drugs.

A co-accused of Filipe, Siua Sēkona has been also charged along with him in charges relating to the seizure of 242 grams of cannabis seeds brought into Tonga, at Fua’amotu International Airport in March.

As Kaniva news reported previously after Filipe’s first arrest, he was facing counts of illicit drug importation as well as firearms and ammunition charges, was scheduled to appear in Fasi Magistrate’s court on Monday, April 29.

He had been charged with the unlawful importation of illicit drugs, unlawful possession of illicit drugs, possession of firearms and ammunition without a license and making a false declaration on arrival card.

Government supporters concerned over Privy Council’s failure to renew Judge’s contract

Questions have been raised about the departure of Lord Chief Justice Owen Paulsen, who is leaving Tonga for New Zealand.

As Kaniva News reported yesterday, Lord Chief Justice Paulsen has been appointed an Associate Judge of the High Court in New Zealand.

He will sit on the bench in Christchurch.

Comments made by Justice Minister Vuna Fā’otusia last year suggest the appointment of expatriate judge to the Supreme Court may be coming to an end.

Government supporters have expressed concern that the Privy Council did not extend the judge’s contract.

There has been criticism of the role of the Privy Council since the introduction of the 2010 Constitution.

‘A mockery’

Constitutional expert Peter Pursglove said the constitutional provisions relating to the judicial structure of Tonga was unworkable and incompatible with the principles of constitutional monarchy and democracy.

The present government’s legal adviser, Dr Rodney Harrison, said the power of Privy Council to appoint and select judges had compromised the judiciary.  

In 2014, the then Minister of Justice, Clive Edwards, described the power and influence being exercised through the Privy council as “a mockery.”

Lord Chief Justice Paulsen has been hailed by many for his part in some historical court cases such as the one on Tongasat, the Pacific Games vs Tongan Governmen and the reinstatement of Lord Sevele as head of the Tonga Pacific Games Organising Committee.

He has also sat on the bench of the Land Court, hearing what are often extremely complicated inter-generational disputes.

He has also headed Tonga’s highest court, the Court of Appeal.

During this period there has been measured, but consistent criticism of what have been considered occasional poor practices in the Tongan legal system.

Decisions made by the first Tongan judge to be appointed to the Supreme Court, Laki Niu, have also been the subject of comment, review and appeal.

Expatriate judges

While the actions of the Privy Council have been called into question, Justice Minister Vuna Fā’otusia has made it clear that he wants expatriate judges off the Supreme Court bench.

Hon. Fā’otusia told Radio New Zealand in 2018 he hoped to have an all-Tongan Supreme Court bench by 2020.

He said he hoped that one day court proceedings would be conducted in Tongan instead of English.

“We have to ensure that we have at least three Supreme Court judges on the bench, most probably after the contracts of our New Zealand Supreme Court judges which is next year (2019),” he told Radio New Zealand.

He said the government could appoint two Tongan  Supreme Court judges.

He said having three judges would avoid conflicts of interest.

He said the presence of Australian and New Zealand judges on the Court of Appeal would be maintained.

“We may be assisted by a foreigner,” the Minister said.

“We can include some Tongans in our Court of Appeal, but it is good to start with the Supreme Court.”

The new Lord Chief Justice is expected to start working next month.

Kaniva News says

Give people clarity on Privy Council decision and future of judiciary

The failure to reappoint Lord Chief Justice Paulsen to the Supreme Court has rightly raised questions.

He has only held the position for four years, but in that time has presided over a number of landmark cases and created a judicial atmosphere in which there has been an expectation that legal practice will be sharpened up so that courts proceed properly.

While we do not normally present our readers with the many pages of reasoning that lie behind his decisions in a case, they show a judge familiar with case law and its application in a number of jurisdictions.

How long it will take for somebody to build up a similar knowledge of Tongan and Commonwealth law is open to question.

Questions have been raised about the role of the Privy Council in all of this. The lack of transparency over the non-extension of his contract is regrettable. It should be a principle of open government that appointments as important as this should be a matter of public record and scrutiny.

However, we should also ask how much of this situation has arisen because of the Justice Minister’s understandable desire to have an all Tongan Supreme Court bench.

We should ask whether Tonga currently has the resources to fulfil this ambition.

We should also consider what Tonga and other small Commonwealth states gain from having judges with international experience sitting on their benches.

The independence of the judiciary, the appointment of people with the proper skills to the bench and the creation of Tonga’s own pool of legal talent should be matters of concern to  all Tongan citizens.

What the people need now is clear information about why Lord Chief Justice Paulsen was not reappointed and what the future of Tonga’s judiciary is going to look like.

Read more

Lord Chief Justice Paulsen appointed to New Zealand High Court; will sit in Christchurch

Lord Chief Justice Paulsen appointed to New Zealand High Court; will sit in Christchurch

Lord Chief Justice Owen Paulsen has been appointed as an Associate Judge of the High Court in New Zealand.

Judge Paulsen, who sits in the Supreme Court in Tonga, is also President of the Tongan Court of Appeal and the Land Court.

He also sits as an advisor to His Majesty King Tupou VI on the Privy Council in land cases.

It is understood a new chief justice for Tonga is expected next month.

New Zealand Attorney-General David Parker said Judge Paulsen would sit in Christchurch.

Judge Paulsen graduated from the University of Canterbury in 1986 and began as a solicitor at Harman & Co.

He became a partner of the law firm in 1991, before travelling overseas in 1998.

From 2000 to 2001 he was an adjudication and mediation member of the Employment Tribunal, while also managing his own legal practice.

In July 2001 Judge Paulsen joined Cavell Leitch Law as the Head Litigation Partner.

He practiced in a broad range of areas including commercial litigation, arbitration and mediation, employment, human rights, and criminal law.

While in this role, he graduated from the University of Auckland with an LLM (Comm) (Hons).

The main points

  • Lord Chief Justice Owen Paulsen has been appointed an Associate Judge of the High Court in New Zealand.
  • He will it on the bench in Christchurch.

For more information

Appointment of Associate High Court Judge

http://www.scoop.co.nz/stories/PA1907/S00206/appointment-of-associate-high-court-judge.htm