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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

Mourners sing Tongan hymn as body of returned missionary recovered from Utah river

PROVO, US — Family and friends of a Tongan drowning victim in Provo, Utah made a tribute through hymn.

The body of the 21-year-old West Valley City resident was recovered from the waters of Olmstead Diversion Dam shortly before 9 pm Saturday, according to the Utah County Sheriff’s Office.

The man was identified as Albert John “AJ” Mapa, according to tweets by Utah County Sheriff’s spokesman Sgt. Spencer Cannon.

Mapa recently returned to Utah after serving a Church of Jesus Christ of Latter-day Saints mission to Tonga, Cannon said.

“His family and friends shared one of his favorite Tongan hymns,” Cannon tweeted.

Mapa was reported missing in the water about 5.45 pm Saturday, prompting a response from sheriff’s deputies, search and rescue crews and North Fork firefighters, according to Cannon.

Six Tongan men and a woman arrested in connection with shooting in US

San Mateo, CA – Police and law enforcement authorities have arrested a Tongan woman and six men across California after a shooting outside of a local San Mateo bar in the 500 block of S. Norfolk Street.

The arrests were made in the counties of Alameda, Orange, San Joaquin, and San Mateo. All seven criminals were taken into custody and search warrants were served. 

Authorities said the shooting was an isolated incident connected to a disturbance outside of Club Shoreview, a local San Mateo bar, and not a random attack.

One uninvolved person received a minor injury, despite dozens of shots being fired, a statement said.

Arrested
Adrian Halatoa, 18-year old Oakland resident. Charges: Two counts of assault with a deadly weapon with force (245(a)4 PC) and conspiracy to commit crime (182(a)1 PC). 

Gary Tuione, 19-year old Oakland resident/ Charges: Assault with a deadly weapon with force (245(a)4 PC) and conspiracy to commit crime (182(a)1 PC). 

Sela Kioa, 21-year old Oakland resident
Charges: Two counts of assault with a non-firearm deadly weapon (245(a)1 PC) and conspiracy to commit crime (182(a)1 PC). 

William Halatoa, 24-year old Oakland resident
Charges: Two counts of assault with a deadly weapon with force (245(a)4 PC) and conspiracy to commit crime (182(a)1 PC). 

Floyd Tuione, 27-year old Cypress resident (Orange County)
Charges: Three counts of conspiracy to commit murder (563/187(a) PC), assault with a semiautomatic firearm (245(b) PC), two counts of assault with a deadly weapon with force (245(a)4 PC), felon in possession of a firearm (29800(a) 1 PC), and conspiracy to commit crime (182(a)1 PC).

Halaholo Halatoa, 27 year-old Oakland resident Charges: Assault with a deadly weapon with force (245(a)4 PC), conspiracy to commit crime (182(a)1 PC), negligent discharge of firearm (246.3 PC), assault with a semiautomatic firearm (245(b) PC), felon in possession of a firearm (29800(a) 1 PC), and parole violation (3056 PC).

Tonga Moa, 29-year old Oakland resident Charges: Two counts of assault with a deadly weapon with force (245(a)4 PC) and conspiracy to commit crime (182(a)1 PC).

Anyone with additional information related to this shooting is encouraged to contact Detective Nick Morsilli at (650) 522-7670 or by email at nmorsilli@cityofsanmateo.org. Anonymous tips can be submitted to http://tinyurl.com/SMPDTips or by calling (650) 522-7676.

Flesh-eating Russian drug Krokodil that leaves addicts in a zombie-like state hits Australia

By AIDAN WONDRACZ FOR DAILY MAIL AUSTRALIA

A synthetic and powerful drug that eats away at the flesh of users and leaves them in a zombie state has hit Australia – and some users have no idea what they’re taking.

The harmful drug is known as Krokodil, or desomorphine, and causes severe tissue damage and gangrenous infection in its users.

The synthetic contraband has already ripped through America and Russia and has now landed down under.

‘Krokodil is a drug that is as violent as the name implies,’ Australian-owned Darra Rehab in Thailand said on its page.

‘The flesh-eating drug leaves the user in a zombie like state that is horrible to watch. Though users do not seem to remember their behavior.’ 

Reports of use have already been made in Victoria with one case reported in New South Wales.

As early as June a young man presented himself to a regional hospital with an arm infection stemming from the drug.

The drug induces symptoms like euphoria and shortness of breath.

The long term effects can be even more severe with swollen veins or infections that lead to black or green scaly skin.

Addled users can be left with exhaustion, memory loss and speech impediment. 

‘The homemade krokodil causes serious damage to the skin, blood vessels, muscles, and bone that results in black or greenish scabs or scales earning the name,’ Darra said on its page.

‘In many cases rotten flesh is also a sign of use which is how the nickname zombie drug developed. Long term users will often require amputations due to rotting flesh. 

Dara Rehab boss Darren Lockie told Herald Sun Krokodil was unwittingly being sold to users.

‘None of them were looking for Krokodil specifically,’ he said.

‘What happens with drugs like this is people can often purchase them thinking that they are other substances, like heroin.’

While cases have cropped up in Victoria, local police have stressed desomorphine only makes a small portion of the state’s drug market. 

Mr Lockie warned users who had taken Krokodil to seek medical attention right away or face the devastating consequences.

He said drug users often kept quiet to avoid public shaming, but a lot more was at stake for Krokodil users. 

Mr Lockie went on to say he did not believe Krokodil would develop into an epidemic in Australia.

‘Methamphetamine is a lot more accessible and a bigger threat and Krokodil is predominantly used as a cheaper alternative to drugs like heroin,’ he said. 

Fiji and Tonga make losing starts to PNC

By Radio New Zealand

The defending Pacific Nations Cup champions have made an ignominious start to their 2019 campaign, being upset by Japan 34-21 in Kamaishi.

The opening round of the competition also saw Samoa overcome a Tongan side handicapped by two yellow cards 25-17 in Apia.

But it was the result at the new Kamaishi Recovery Memorial Stadium which raised the most eyebrows after Fiji had begun the month with a couple of strong showings against the Maori All Blacks potentially providing a platform to rise up the world rankings.

However it was Japan who took the honours at the ground built in an area previously devastated by the 2011 earthquake and tsunami.

Starting smartly with a Kenki Fukuoka try and Yu Tamura penalty, Japan never looked back.

Levani Botia and a Sam Matavesi double provided the impetus for the Flying Fijians’ efforts but the Lappies Labuschagne-led Brave Blossoms ended the deserved victors.

Samoa defeat Tonga 25-17 in sodden conditions.

Meanwhile on a saturated Apia Park, obviously still recovering from this month’s Pacific Games, Manu Samoa proved too strong for the visiting Tongans, coming out on top 25-17.

The ‘Ikale Tahi suffered an early blow on the day of the match with the late withdrawal of inspirational captain Nasi Manu, who was set to make his return to international rugby a year on from being diagnosed with testicular cancer.

Manu pulled up during training and is in doubt for the remainder of the competition.

However Tonga started the game itself well with tries from Cooper Vuna and Ben Tameifuna given them a 10-3 halftime lead.

The Manu began the second half much improved with an Alapati Leiua try and Ulupano Seutini penalty pushing them in front for the first time.

Tonga regained the lead through a converted Sefo Sakalia try but two yellow cards to Fotu Lokotui and Sakalia himself late in the game left them with 13 men on the park and too much to do.

Two tries in the final 10 minutes sealed the win for Samoa.

Samoa and Fiji will take on the USA and Canada in Suva respectively in next week’s round while it is Tonga’s turn to travel to Japan.

Tourism boss says Tonga benefitted from taking part in Auckland Pacific Expo

Tonga had benefitted from taking part in this month’s Pacific Exposition in Auckland, according to the CEO of the Ministry of Tourism, Sione Finau Moala-Mafi.

Organised by Indonesia, the event was held in Auckland on July 11-14.

The four day event was aimed at increasing business opportunities and developing networks for business communities, governments, and tourism authorities in the region.

About 20 countries took part in the event, which featured live performance and displays of locally made goods.

Moala-Mafi said Tonga wanted to display its culture and make the most of the opportunities for making contact with other countries and tourist organisations.

He said that said as well as taking part in the exposition booths and the Pacific cultural festival, Tonga also took part in the tourist forum and the business and investment forum.

 “These forums allowed us to share our strengths and also the similar challenges that have become issues of concern for our countries today,” Moala-Mafi said.

He said sharing experience and idea with representatives of other Pacific nations had encouraged Tonga to work more closely with them on promoting tourism.

He said developing the idea of ‘One Pacific Destination’ would benefit tourism in the region.

Moala-Mafi was accompanied by Government and Private sector counterparts from the Prime Minister’s Office, Ministry of Tourism and Culture, the Ministry of Trade and Economic Development, Tonga Tourist Association, Tonga Youth Congress and other representatives of the private sector in Tonga.

Influence

This month’s Pacific Exposition was seen by many commentators as part of a wider multi-million dollar effort by Indonesia to increase its influence in the Pacific.

Indonesia has been widely criticised by a number of Pacific states, particularly Tonga and Vanuatu, for it continued oppression of the indigenous people of West Papua.

Prime Minister ‘Akilisi Pohiva has spoken at the United Nations about what he called the “injustice, cruel violation of human rights and dignity and brutal treatment in West Papua.”

Activists supporting the West Papuan liberation struggle protested outside the exposition in Auckland.

The main points

  • Tonga had benefitted from taking part in this month’s Pacific Exposition in Auckland, according to the CEO of the Ministry of Tourism, Sione Finau Moala-Mafi.
  • Organised by Indonesia, the event was held in Auckland on July 11-14.

For more information

Tonga urged to continue its support for West Papua’s struggle for independence at the UN

Supreme Court acquits men of manslaughter after prosecution unable to prove link

The Supreme Court has acquitted three men of all charges except common assault following the death of a man.

Peau La’iafi, Nivaleti Tu’iono and Sione Kapa’ivai were each  indicted each on counts of manslaughter, alternatively grievous bodily harm and in the alternative common assault.

The court was told that on or about June 15 2017 at Pelehake, they caused the death of Manu Grewe.

Grew was hit him on the head with a chair and repeatedly punched in the face and mouth, fracturing his left jaw, which ultimately led him to asphyxiate.

In his report on the case, Lord Chief Justice Cato said it had come to the notice of the accused that the deceased had sexually assaulted the young daughter of Tu’iono, who together with his two co-accused, Lai’afi and Kapa’ivai, and the deceased, worked on his plantation.

Grewe had admitted the assault, and after a period of drinking toge’ther at the home of Tu’iono, the atmosphere changed at about 2am when the deceased with the accused present, called out to the accused’s daughter.

Tu’iono began punching him to his face. La’iafi then kicked him in the mouth with his boot, after asking him to apologise and slapped him several times on the face. After that Kapa’ivai punched him on the head and in the mouth and hit him on the head with a chair.    He also said that he slammed his body around.

Tu’iono went  to  bed  after Kapa’ivai stopped him assaulting the deceased. Kapa’ivai started beating the deceased. During this time La’iafi left and was taken home.

It was not until about 8-9pm the next day that the deceased was taken to hospital.  He was unconscious and died about midnight.

An internal examination of the deceased by a pathologist found that he had inhaled food which had blocked his breathing passage.

The original pathologist was unable to present at the trial. The judge said the assaults were not discussed with him and he wrote his brief report without any reference to  the  assaults on  the  accused, or how they may have contributed  to   the cause of death.

The prosecution said it was unable to take the matter any further or prove a cause of death. As a result, the charge of manslaughter or grievous  bodily harm  were then dropped.

Mr Justice Cato said the assaults were discrete,  were  perpetrated individually and the men were not acting as accessories, aiding and abetting or giving wilful support to another in a joint attack.

“Because  the Crown is unable to  adduce evidence which at its highest is evidence from which    a jury could infer that each man made a material contribution to the cause of  death,  I  consider that no prima facie case had been established on counts one and two manslaughter or grievous bodily harm,” the judge said.

“No satisfactory causal connection had been advanced as to the accused’s actions and the death of Mr Grewe which took place many hours after and was said to be asphyxiation.”

Each of the accused pleaded   guilty to common assault and  were convicted  on  the  third  count in  the  indictment.

The main points

  • The Supreme Court has acquitted three men of all charge except common assault following the death of a man.
  • Peau La’iafi, Nivaleti Tu’iono and Sione Kapa’ivai were each  indicted each on counts of manslaughter, alternatively grievous bodily harm and in the alternative common assault.