A woman accused of co-ordinating the largest meth importation in New Zealand was wrongly accused, the High Court in Whangārei has heard.
Selaima Fakaosilea is accused, along with Stevie Cullen, of importing methamphetamine and participating in an organised criminal group.
The charges relate to the landing of 501kg of methamphetamine at Ninety Mile Beach in the Far North in June 2016, the country’s largest ever drug bust.
Six people have already pleaded guilty to their part in the case, including Ulakai Fakaosilea, Ms Fakaosilea’s brother.
But just because her brother knew what was going on, did not mean she knew, Fakaosilea’s counsel Maria Pecotic told the jury.
Unlike Cullen, Fakaosilea was not in the Far North in the lead-up to the June 2016 landing. The Crown alleges she was an organiser and financier of the operation from Auckland.
But there was no evidence in the case to show she knew what was going on, Pecotic said.
Text messages between Fakaosilea and her brother about “clothes” were not proven to be code talk about money, as the Crown alleged, and were literally about clothes, Pecotic said.
The Crown’s key witness, Witness X, made an incorrect assumption that Fakaosilea went by the codename Blaze, as she was never introduced to him as Blaze, she said.
Pecotic suggested Blaze was Jermiah Iusitini, also known as Thugga. Iusitini pleaded guilty to importing methamphetamine and participating in an organised criminal group.
Witness X, who was caught by police driving a campervan with 449kg of the methamphetamine, was not the naive 19-year-old the Crown suggested, she said.
“I would suggest he’s a savvy and street-wise young man.”
WILLING TO ACCEPT RESPONSIBILITY
In relation to a different operation, Fakaosilea pleaded guilty to charges of supplying methamphetamine and cocaine, both Class A drugs, in September and November 2016.
Pecotic said those events took place many months after the time period being considered by the jury.
After the arrest of her brother, Fakaosilea was in turmoil and got into a relationship with a drug dealer.
“The charges that she has pleaded guilty to show she’s a person who’s prepared to acknowledge and face her responsibility, and accept when she’s done something wrong,” Pecotic said.
“She does not say that she’s done anything wrong in this action, and she says that she’s been wrongly accused.”
Justice Christine Gordon QC will sum up the five-week case on Monday, before letting the jury out to decide a verdict.
Sacked Wallabies star Israel Folau has launched legal proceedings against Rugby Australia over the termination of his contract.
Folau, a fundamentalist Christian, was sacked by Rugby Australia last month for a post on social media that said hell awaited “drunks, homosexuals, adulterers” and other groups.
He says he’s taking the action in the pursuit of his “right to religious freedom.”
Folau wants Australia’s Fair Work Commission, an industrial relations tribunal, to rule that his employment was terminated because of his religion.
In a statement Folau said “no Australian of any faith should be fired for practising their religion,” he said in a statement that confirmed his case had been lodged.
“Ours is an amazing country built on important principles, including freedom of religion.
“A nation made up of so many different faiths and cultural backgrounds will never be truly rich unless this freedom applies to all of us.”
Rugby Australia was unable to provide immediate comment.
Folau confirmed this week that he had engaged commercial law firm Macpherson Kelley and a prominent industrial relations barrister to act for him in his dispute.
He was found guilty of a “high level” breach of Rugby Australia’s code of conduct by a three-member tribunal after a prolonged hearing last month.
His four-year contract, worth up to $AU5 million according to local media reports, was torn up but he waived his right to an appeal, saying he had “no confidence” in Rugby Australia’s judicial process.
His statement on Thursday said his termination had prevented him from playing at the “peak of his career” and on the cusp of a Rugby World Cup, which could have generated greater exposure and opportunities.
“Accordingly, Mr Folau is seeking substantial remedies from his former employers should they be found to have breached the Fair Work Act in terminating his employment,” it said.
A dual code international, Folau switched to rugby union in 2013 and scored 37 tries in 73 tests, while claiming the John Eales medal as the country’s best player a record three times.
Local media have reported that he is seeking a return to the 13-man code in Australia’s National Rugby League but the sport’s boss Peter Beattie said he would not sanction his return.
Australia’s Civil Aviation
Safety Authority is investigating Nauru Airlines, which has been in talks with
the Tongan government about setting up a direct flight to Australia.
Last December Prime
Minister ‘Akilisi Pohiva met a delegation from Nauru Airlines to discuss the
possibility of a service between Tonga and Brisbane.
Hon. Pohiva met Nauru
Airlines chairman Trevor Jensen and the managing director of Real Tonga, Tevita
Palu, about a potential partnership.
Radio New Zealand reported Mr
Jensen as saying that the airline said what it had seen and was keen to pursue
the matter further.
According to Australian
media reports the CASA received complaint about Jensen from the airline’s
former CEO Peter Sheehan, safety systems manager Brian Douglas and the chief
pilot.
They claimed he had not allowed the CEO to do his job properly and presided over a toxic workplace environment where staff were bullied and abused.
Jensen has denied the
allegations. It is understood he has now taken over as CEO while remaining
chairman.
There has been speculation
that the airline could post a multi-million dollar loss this year.
It is believed the Nauru
government recently gave the airline $10 million.
Nauru Airlines is wholly
owned by the Government of Nauru and currently flies to Brisbane, Nadi, Tarawa,
Majuro, Pohnpei and Guam.
It owns a five Boeing
737-300 aircraft.
About 6000 Tongans live in
Brisbane and up to 600 Tongans work on Queensland farms and orchard under the
Seasonal Workers Program.
The
main points
Australia’s
Civil Aviation Safety Authority is investigating Nauru Airlines, which has been
in talks with the Tongan government about setting up a direct flight to
Australia.
Last
December Prime Minister ‘Akilisi Pohiva met a delegation from Nauru Airlines to
discuss the possibility of a service between Tonga and Brisbane.
The parliament
has denied our story last night reporting claims that the appointment of an
Acting Speaker may have been unconstitutional.
The story was originally carried on Television Tonga more than two weeks ago.
The Parliament did not deny it at the time or in the two weeks since.
The Parliament only responded after we ran the story last night.
We were
quite clearly reporting what the Police Minister said about the legal advice
the government had received from it legal adviser in New Zealand on the
interpretation of the Constitution and it relation to the rules on
Parliamentary procedures.
In our story
we said: “Lord Tu’ilakepa’s appointment as Acting Speaker may have been
unconstitutional, the Police Minister has claimed.
Hon.
Tapueluelu told Television Tonga the government had been told by its legal
advisor in New Zealand that according to the Constitution, an acting speaker
could only assume the position if the Speaker had resigned, died or been
sacked.”
The Parliamentary
Office released a statement saying it refuted the report that Lord Tu’ilakepa’s
appointment as Acting Speaker may have been unconstitutional according to
Clause 61(4) of the Constitution.
“An Acting Speaker appointment was not made as
claimed because the Constitution of Tonga does not provide for appointment of
an Acting Speaker,” Chief Clerk of the Tonga Parliament, Gloria Pole’o said.
“When the
Speaker of the House Lord Fakafanua travels overseas, the Deputy Speaker Lord
Tu’ilakepa performs the duties of the Speaker.”
Pole’o said
Section 16(3) of the Legislative Assembly Ac provided that when the Speaker was
absent or not presiding in a meeting of the Assembly, the Deputy Speaker would preside
over the Assembly and perform the duties of the Speaker until the Speaker was
able to resume the chair.
“The Deputy Speaker Lord Tu’ilakepa, was duly
appointed to the position of Deputy Speaker, and he performs the duties of the
Speaker Lord Fakafanua whenever he is absent,” he said.
“Clause
61(4) of the Constitution applies only when the position of Speaker of
Parliament is vacant. The same provision clearly outlines occurrences that will
result in a vacancy, which includes death, resignation or revocation of
appointment of the Speaker.
“If the
Speaker is not in the country or absent from meetings of the Assembly for
reasons other than those spelled out in Clause 61 of the Constitution, it does
not result in a vacancy.
“Therefore,
Clause 61(4) of the Constitution does not apply. There is a very clear
distinction between “vacancy” in the position of Speaker which invokes Clause
61(4) of the Constitution, and “absence” of the Speaker which invokes section
16(3) of the Legislative Assembly Act.”
We stand by
our story as an accurate representation of what Hon. Tapueluelu said.
The
main points
The
government has denied our story last night reporting claims that the
appointment of an Acting Speaker may have been unconstitutional.
The
story was originally carried on Television Tonga two week ago.
Neither
the Prime Minister’ Office, Cabinet nor Parliament denied it at the time or in
the two weeks since.
For
more information
Appointment of Acting Speaker who
blocked bills may have been unconstitutional, Minister claims
(United States) Police have identified a man found dead in a Kearns front yard Wednesday and are looking for three men they say are persons of interest in connection to the shooting.
The shooting victim is John Herman Tonga, 34, of Midvale, Unified police said Thursday. He was found in the front yard of a home at 4805 S. 4720 West after a shooting inside the house.
Six other people were inside the home at the time of the shooting, about 7:30 a.m.
About 7:40 a.m., another man arrived at the St. Mark’s Taylorsville Emergency Center with a gunshot wound and was taken to Intermountain Medical Center in serious condition.Comment on this story
Police are now looking for three men and two cars recorded by security cameras. Investigators released images from the footage Thursday.
A spokeswoman for Unified Police Department said the department has no other identifying information for the persons of interest beyond what can be seen in the photos. The department has received some tips regarding the men, the spokeswoman said, but has not yet confirmed any information.
Investigators are asking anybody with information on the three men or two cars in the security camera footage to call the Unified police at 801-743-7000.
Lord
Tu’ilakepa’s appointment as Acting Speaker may have been unconstitutional, the
Police Minister has claimed.
Hon. Tapueluelu told Television Tonga the government had been told by its legal advisor in New Zealand that according to the Constitution clause 61, an acting speaker could only assume the position if the Speaker had resigned, died or been sacked.
Clause 61 (4) says: ” The King shall appoint a Speaker within 7 days of the occurrence of a vacancy.”
Lord Tu’ilakepa was Acting Speaker of the House while the Lord Speaker Fakafanua was travelling overseas.
However, the Speaker could not be replaced if he was traveling overseas, Hon. Tapueluelu said.
In his role as Acting Speaker, Lord Tu’ilakepa blocked six new Bills the government submitted in March and which it wanted dealt with urgently.
Hon. Tapueluelu has confirmed the government would impeach and also take court action against the king’s noble
The Police
Minister was responding after he was questioned by the Television on the
government’s position during a second public consultation on its new Bills.
Hon.
Tapueluelu said Parliament’s rule book and its clauses about the urgency of the
laws was simple enough to be interpreted, but he thought there was something
else behind the Opposition’s attack on the Bills.
“Ko e ‘uhinga pe ia ‘oku ha’u kiate au he anga ‘eku faka’uhinga atu mate ni’ihi ko ‘eni he ilifia he lao fo’ou,” he said in Tongan.
This
translates into English as: “The only reason that comes to me in the way how I
think about it was that these people were really scared of the new Bills.”
As Kaniva news
reported earlier, Hon. Tapueluelu said the government’s lawyer has advised that
the Parliament’s law book must be “clear cut.”
Lord Tu’ilakepa’s controversial decision
In March the government submitted to the House the Bills which
were due to be returned to Parliament after they had been discussed in a
two-week public consultation.
The government submitted the Bills under the law of urgency
according to the law clause 131 which says:
“The Legislative Assembly shall not proceed upon a Bill after its
first reading for a period of two weeks or such longer time that the Assembly
decides is needed to allow members to scrutinise the Bill, and for the public
to make submissions, but this shall not apply to –
(a) Appropriation Bills; and
(b) Bills certified by the Prime Minister to be urgent.”
However, Lord Tu’ilakepa, disregarded the way in which the
government benches interpreted clause 131, which requires the Prime Minister to
certify the urgency of the Bills.
The Acting Speaker said that when the Prime Minister
certified that the six new Bills were urgent, he should have also explained why
were they urgent.
The government disputed this, saying the law did not require the
Prime Minister to give the reasons why the Bills were urgent.
Lord Tu’ilakepa then used Clause 31 of Parliamentary rules to
justify his interpretation and ordered the government’s new Bills be passed to
the Parliament’s Standing Committee, from which they were later taken for more
public consultation.
The main points
Lord Tu’ilakepa’s appointment as Acting Speaker
may have been unconstitutional, the Police Minister has claimed.
In his role as Acting Speaker, Lord Tu’ilakepa
blocked six new Bills the government submitted in March and which it wanted
dealt with urgently.
The death of a young Tongatapu DJ has rocked a community as hundreds of tributes flow for the “friendly and kind hearted” man who always had a smile.
Manu Vailahi Mitsen Huakau, 32, died when the vehicle he was driving crashed into a gate and a power pole on Taufa’ahau Road at Mailetaha on June 4.
A passenger sustained minor injuries and has been released from Vaiola Hospital, reports said.
Police believe alcohol and speeding were factors in the crash.
Also known as DJ Menu, the news of his death spread
quickly over Facebook, with hundreds of friends and community members posting
tributes and memories.
“RIL DJ Menu, you were one of the reason that made
Reload the best bar in town with your music and swagg,” a commenter on Facebook
wrote.
“This day could have not happen without your help and Christ like care and love. Huakau Mitsen Menu. i know i will see you again. Rest in love tokoua. It breaks my heart to see you leave. But Heavanly Father loves you more. He needs you more,” another commenter wrote on a photo they posted to Facebook which featured what appears to be a married couple posing with the deceased.
“Huakau Mitsen Menu, you will be missed. It was a
pleasure and an honor to have served the Lord with you in Hawaii. I will never
forget your love for life and generosity to others.”
“Rest easy my friend, for you are now with our Father
in Heaven and will have the rewards of your faith and kindness you always
expressed while here on earth. ’Ofa atu my friend.”
“You are in a better place Huakau Mitsen Menu heaven
has gained a very talented angel so keep it rockin up in there toko will surely
miss seeing you play at #reload.”
A closed friend of the deceased said on Facebook that he was one of the first people to have arrived at the scene but he did not know the driver of the crashed vehicle was DJ Menu.
“I got out [with] 3 of my mates to help not even knowing it was Manu in the drivers seat passed away already. It was him and another guy as he fell out of the vehicle as it turned upside down as it flipped from the Mormon fence. Stood there helped the survivor to the ambulance wit the cops and as the put a white sheet on the driver i was so scared and no sign at all to see that it was my brother laying there as the firemen tried to get him out of the car. Until this morning when the news came out it was Manu i felt so sad as i couldnt by any chance do anything to revive him as he passed away on the spot but was happy to save his cousin that fell out of the car. Rest in Peace brother until we meet again. Ofa lahi atu ❤❤”
He was remembered by many as a friendly and kind-spirited
DJ.
By Tom Furley, Radio New Zealand
A woman shot in the head while her husband was killed has described how he opened a bag full of cash during a drug deal shortly before the attack.
Fisilau Tapaevalu and Mesui Tufui are on trial in the High Court in Auckland charged with the murder of ‘Epalahame Tu’uheava, 28, and attempting to murder his wife Yolanda Tu’uheava, 25.
Mr Tu’uheava, also known as Abraham or Hame, was found dead by a member of the public on Greenwood Road in Mangere on 1 May 2018, His wife was found alongside him suffering serious gunshot wounds.
A third man, Viliami Taani, pleaded guilty to the two charges last week.
On Wednesday, Mrs Tu’uheava gave evidence via video link wearing a headscarf and at times struggling to recall events in the lead up to the attack.
She was shot several times, including in the head, and a bullet remains lodged in her brain.
The couple moved to Sydney in 2014 where her husband worked as a truck driver and became “really, really close” with the leader of the Nomads gang, she told the court.
“I don’t know if he was like officially patched, he was just around them a lot.”
She said communication with gang members continued over social media when they moved back to South Auckland in 2017.
On returning he also began contacting the Comancheros, having seen their bikes following the Tongan rugby league team during the Rugby League World Cup.
“I noticed he was watching these videos of the comos and their bikes, all these flash things that they had, so he was trying to find a way to get hold of them. He admired the material stuff they had.”
She said her husband had a meeting with the Comanchero gang leader and would communicate with members over social media including Snapchat.
She told the court she believed he had become involved in drug dealing after moving back to Auckland.
“It was just, he became secretive, like really secretive. He was on the phone a bit, yeah.”
A week before his death the couple drove from Auckland to Invercargill.
She told the court she couldn’t remember the reasons given by her husband but that they were “meant to be there a while”.
“He made it sound like it was a holiday. Honestly I had a feeling it was something else. I had a feeling like he was up to something dodgy, like drug dealing.”
On the morning of 30 April she found her husband had packed her suitcase and they were to fly back to Auckland from Dunedin.
When they arrived at the airport, she found one of their carry on bags was full of cash as she got out a jumper.
The bag contained $48,000, she said, and another black Adidas bag he was carrying over his shoulder had $15,000.
She said she didn’t know where he got the money but it could not be from his job as a truck driver
“It had to be something dodgy he was doing.”
She told the court she believed it was from drug dealing.
After arriving in Auckland they hired a car and rather than go home, Mr Tu’uheava spoke to someone on the phone and said he had a meeting at McDonalds in Manukau.
She said Mr Tu’uheava appeared anxious and disappeared for a time.
He returned across the carpark, while two men also walked towards a dark car.
“That’s when he started speaking about how they’re going to be like consistent for him”
“So like he can get whatever he was selling, whatever drug he was dealing through them, like it was going to be consistent.
The court heard how he appeared excited, and Mrs Tu’uheava later said he had a goal of making $50,000 a week.
After returning home she was woken up later that night by her husband who said he was once again going to meet with the men, this time to get what she believed were drugs before heading straight back down to Invercargill.
Both bags full of cash were still in the car, the court heard.
The couple drove to meet the men at Greenwood Road in Mangere, where she said he got out of the car and spoke with one of them in Tongan.
“I couldn’t hear what they were talking about but I could hear them laughing. I remember seeing my husband look inside his Adidas bag and I was thinking to myself he shouldn’t open it in front of the guy or else he would see all the money.”
They were talking for about five minutes before the men departed “to get the stuff”.
Mrs Tu’uheava is to continue giving evidence at the trial today.
Vanuatu and Fiji are asking Australia to significantly increase the amount of kava travellers can bring into the country.
Australia currently allows two kilograms per person, but the government is considering doubling that to four.
In submissions to Australia’s Office of Drug Control, Fiji’s government proposed a quota of 10 kilograms per person, while Vanuatu suggested 15.
The director general of Vanuatu’s foreign affairs department, Kalfau Kaloris, said he didn’t believe 4 kilograms was enough – particularly if it’s to be used at a large ceremony.
Australia’s restrictions on kava are driven by concerns about its misuse in remote communities.
But Vanuatu and Fiji have been trying to have them relaxed for years, saying the root plays an important role for South Pacific diasporas.
In a tweet, Vanuatu’s foreign minister Ralph Regenvanu said his country was looking for a “step-up,” a jibe at Australia’s so-called Pacific step up.
The continuous move by the Uniting Church in Australia to allow ministers the right to decide whether to marry same-sex couples will cause members to leave the church, said the congregation’s chair Reverend Hedley Fihaki.
Tongan born Rev. Fihaki made
his comments amidst growing unrest within the church as conservative factions
push for it to reverse its decision to allow ministers to perform same-sex
marriages.
Multiple conservative
movements have been gaining force since the church last year gave ministers the
right to perform the ceremonies, ABC News Online has reported.
Some are threatening to
take control of church property and finances — positioning themselves as
alternatives to the main Uniting Church in Australia assembly.
One of the movements is the
Assembly of Confessing Congregations.
“The main issue is an
issue of faith — what is the Gospel? Same-sex marriage is just one of those
issues,” the congregation’s chair Reverend Hedley Fihaki said.
“I think there’s a
division not just between the Assembly of Confessing Congregations and the
Uniting Church, but [also] … between evangelicals as a whole and the Uniting
Church.”
Dr Fihaki said the issue
had created an “irreparable rift”, causing members to leave the
church.
He said many ministers and
congregations had also decided to join the assembly, which was set up in 2006.
“The new decisions
that have been made by the [Uniting Church] seem to suggest that it can be
other lords, other sexual practices and still be okay,” he said.
“We are saying no,
that’s not right, according to our understanding of scripture and the basis of
union.”
In a statement in March,
the assembly encouraged its members to take ownership of matters of finance,
signage and anything else which advances their “unity, life and
witness”.
It also suggested members
develop their own relationship with other networks, denominational churches and
leaders.
In doing so, members claim they have felt the force of church leadership.
Dr Fihaki wrote to Uniting
Church in Australia president Deidre Palmer in February to request no further
attempt be made to “bully and ostracise” Assembly of Confessing
Congregations members and leaders.
“The Uniting Church
wants to assert its authority over us, when we’re simply trying our best to
maintain our integrity in the way we live and practise our Christian
faith,” he said.
“I think the church
is too quick to throw regulations at us, without actually sitting down and
trying to understand where we are coming from.”
Truly united?
The Uniting Church faces
pressure on the issue from multiple conservative factions.
Eight ministers last year
penned an open letter — entitled “Standing Firm by Stepping Aside” —
rejecting same-sex marriage and vowing to protest until the church reversed its
decision.
Some congregations, such
as the Gold Coast megachurch Newlife Church, have begun separating themselves
by removing the Uniting Church name from their signage.
Reverend Stuart Cameron
signed the letter.
He also oversees Newlife
and announced the creation of the “Propel Network” which holds
“similar priorities” to the Assembly of Confessing Congregations.
The open letter also
suggested the creation of a “non-geographic presbytery” which would
transcend formal Uniting Church governance to provide a “safe space”
for members to pursue their orthodox beliefs.
The creation of a
non-geographic presbytery in South Australia called “Generate” will
be decided at a meeting of the state synod and presbytery in June.
One entire South Australian congregation is considering returning to its Presbyterian roots.
Monash University sociology expert Gary Bouma said it was possible the groups could eventually split from the Uniting Church.
“When these divisions get to be very heated, there become those who organise themselves in different kinds of ways,” Professor Bouma said.
“Whether [the groups in question] are seeking to establish a new church by themselves, as sometimes happens, or just to have an organised group to represent their view, I’m not sure.
“Certainly, this appears to be a group stepping towards a separate organisation. And that’s happened many, many times before.”
Dr Hannah-Jones said she was proud of Uniting Church leadership for embracing a progressive standpoint.
“I think the leadership has a really difficult job to balance the different opinions … I would like it to be more proactive about issues of harassment, but I understand that’s an issue for them,” she said.
Dr Hannah-Jones said the discussion about same-sex marriage had been hurtful and she had been called “evil” and “unchristian”.
“It feels as though they’re arguing in some way that God made a mistake when someone like me was created … and that can be incredibly painful,” she said.
“They’re honestly seeking to do what God’s will is, which is what people like me are also doing.”
Meanwhile, conservative worshippers claim they are being disciplined and isolated for participating in networks like the Assembly of Confessing Congregations.
Members of the Campsie Uniting Church in New South Wales said they were barred from the church and left to worship on the footpath.
Others claim they had been unfairly undermined and micromanaged, with leadership requesting trip itineraries and details of their daily activities.
Reverend Fihaki claimed his efforts to meet with Uniting Church leadership to discuss tension and the issue of same-sex marriage had been denied.
What is the future of the church?
Professor Bouma said the Uniting Church had tried to move forward and adapt to contemporary society and it was not unusual for religious groups to face division on issues like gender, abortion, marriage and euthanasia.
“[The issues are] a kind of litmus test used by some to say, ‘Are you actually following scripture or are you not?'” he said.
Church councils also have the right to refuse to hold same-sex marriages on church property.
However, Professor Bouma said imposing a single view on an entire denomination could jeopardise religious freedom.
“The Uniting Church never sought to become uniform and that was part of its delight — it held difference in tension and respectfully,” he said.
“The tension is absolute and direct and has to be addressed … the issue fundamentally comes down to is it a difference that can be held within the church or is it one that has to be shoved down the throats [of those] who disagree?
“Can we have difference of opinion on this, or can we have a group demanding that its view be the one that prevails?”
The Uniting Church in Australia refused multiple requests by the ABC for interviews.
In a statement posted to its website, Uniting Church in Australia president Deidre Palmer said the comments provided to the ABC were “in no way authorised by the Uniting Church” and its leaders would “continue to work in good faith” across its “theological diversity”.
“The Uniting Church in Australia Assembly’s decision to recognise two statements of belief on marriage remains in place,” Dr Palmer said.
“This decision allows ministers and celebrants authorised by the Uniting Church the freedom to conduct or to refuse to conduct same-gender marriages.
“I want to reassure all members of the Uniting Church — your rights to follow your beliefs on marriage will continue to be respected and protected.”
