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 withWorldwide 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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
