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Bankrupt lawyer claims Supreme Court judgement will cause embarrassment in Tonga

By
Philip Cass
-

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.

Tonga PM resting ahead of Tuvalu trip next week

By
Kalino Latu
-

By Radio New Zealand

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.

Lord Chief Justice warns case will not proceed unless Tongasat pays security for costs by November 1

By
Kalino Latu
-

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.

Read more

Appeal Court dismisses Tongasat’s appeal to present evidence from former gov’t ministers
Tongasat a “shell company” and financially weak PM says as battle continues outside court

Man charged after alleged sexual assault of four-year-old girl in Hihifo, Tt

By
Kalino Latu
-

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.

NZ High Commissioner lays wreath to mark 10 years since Princess Ashika sank killing 74 lives

By
Kalino Latu
-

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 rally around Vaea Fifita after tragic death of his young brother in US

By
Kalino Latu
-

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. 

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