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Tongan worker in ICU after crash at Mole Creek in northern Tasmania

By
Kaniva Staff
-

(news.com.au) A FOREIGN worker has been seriously injured after crashing his car at Mole Creek in northern Tasmania.

Emergency services were called to Mole Creek Rd at about 5am.

Police say initial investigations showed the man, from Tonga, lost control of his vehicle about 200m from the junction with Lemana Rd near Red Hills.

The car swerved onto the wrong side of the road before the driver over-corrected, slid and hit a power pole.

The driver, a 21-year-old who was working in the Mole Creek area, was freed from the vehicle and transferred to the Launceston General Hospital, where he remains in a critical condition in ICU.

“Drivers are reminded that with winter conditions come changed road conditions and that, combined with increased traffic over the Easter period requires a higher level of concentration when driving,” police said.

“They are urged to be conscious of their speed, wear their seatbelt and not to use mobile devices when driving.”

Court of Appeal says judge was wrong to free woman in embezzlement case

By
Philip Cass
-

The Court of Appeal has overturned the acquittal of a woman charged with embezzlement and said the judge who freed her acted wrongly.

On November 7 last year Loleini ‘Ala pleaded guilty in the Supreme Court to one count of embezzlement .

Judge Niu discharged her without  conviction  under  Section 204  of the Criminal  Offences  Act    The discharge was  deemed  to  be  an acquittal.

On  November 22, 2017, ‘Ala was given TP$22,500 in cash to deposit into her employer’s bank account with MBf Bank. Instead, she deposited  TP$14,375 into her own account with BSP Tonga Bank.

She then faked a robbery by injuring herself  and scattering loose banknotes inside the vehicle. After making a false complaint to police about the fake robbery she spent more than TP$11,000 on drinks, dining, partying and shopping.

Police were suspicious of Miss ‘Ala’s complaint and discovered the money deposited into her account. When questioned, ‘Ala admitted what she had done.

When she came go trial, Judge Niu concluded that her offending was out of character and that she had acted because she believed her employer had treated her unfairly.

He said young people should not be jailed for being  foolish  because they would be “hardened, rather than taught by such sentences” and “condemned” as criminals as a result of which “many, if not most of them reoffend.” 

As Kaniva Tonga news reported at the time, the judge if all young people were imprisoned for being  foolish  “they  would all grow up with a prison sentence  hanging  over  them.”

Judge  Niu said Section  204  had   been   enacted   because  it   was  the Legislature’s intention that convictions should not be recorded in such  cases.

The Crown appealed the decision.

In its consideration of that appeal, the Court of Appeal said the judge had erred in several respects and had made a wrong decision.

It said the judge had not referred to the appropriate legal authorities and precedents which offered guidance on the case.

He also ignored previous cases were it was held that a prison sentence was the appropriate sentence for embezzlement.

He had also indulged in unfounded speculation about the likely effect of a prison sentence on young offenders in general and ‘Ala in particular.

The Court of Appeal said Judge Niu had also erred in procedural matters.

It said it did not agree with Judge Niu’s belief that Section 204 was enacted to avoid convictions being entered against the young and foolish and had found nothing to support his conclusion.

On these grounds the  order discharging ‘Ala without conviction was quashed.

She was convicted of embezzlement and sentenced to  two years imprisonment. The sentence was fully suspended on the condition that she commit  no offences punishable by imprisonment during this time.

The main points

  • The Court of Appeal has overturned the acquittal of a woman charged with embezzlement and said the judge who freed her acted wrongly.
  • On November 7 last year Loleini ‘Ala pleaded guilty in the Supreme Court to one count of embezzlement .
  • Judge Niu discharged her without  conviction  under  Section 204  of the Criminal  Offences  Act    The discharge was  deemed  to  be  an acquittal.

For more information

Woman acquitted in embezzlement case; judge says he understands why she did it

https://webcache.googleusercontent.com/search?q=cache:0Aa9rsnYPOgJ:https://kanivatonga.co.nz/2018/11/woman-acquitted-in-embezzlement-case-judge-says-he-understands-why-she-did-it/+&cd=1&hl=en&ct=clnk&gl=nz&client=firefox-b-d

Tonga rise six places in freedom rankings, but problems for journalists continue across Pacific

By
Philip Cass
-

Tonga has risen six places in the 2019 Reporters Sans frontiers press freedom rankings.

Tonga now ranks 45th out of 180 countries, up from 51st place last year.

The kingdom’s lowest score was 66th in 2013.

Its highest was 33rd in  2016.

Last year Tonga dropped two places on the RSF list.

RSF said the re-election of the Democrats in 2017 was accompanied by growing tension between the government and journalists.

This year the international journalists’ body repeated claims about politicians suing media outlets and journalists censoring their work.

Last year Prime Minister ʻAkilisi Pōhiva told the fifth Pacific Media summit in Nuku’alofa that his government was committed to freedom of the media.

“It is very important that we are all empowered, the media and government alike,” Hon. Pōhiva said.

However, he said freedom came with responsibilities and the law should not be violated.

The latest report on levels of freedom around the world from the US-based Freedom House lists Tonga as free, with a score of 79/100, with subsidiary rankings of 2/7 for political rights and civil liberties. These traditionally include freedom of speech and freedom of the press. In its last report specifically on press freedom in Tonga, the kingdom was ranked 30/100, with 100 being the least free.

RSF Pacific rankings

Elsewhere in the Pacific, there have been some improvements in this year’s RSF rankings, but critical problems remain for journalists.

Samoa has remained at 22nd place, but  RSF warned that the country was in danger of losing its status as a regional press freedom model. RSF cited criticisms by Prime Minister Tuilaepa Sailele Malielegaoi of social media and local journalists. Last year he threatened to ban social media.

Despite continued concerns about the country’ draconian media laws, Fiji rose five places to 52nd in this year’ rankings. RSF said journalists faced a hostile legal environment. It described the independence of the Media Industry Development Authority as questionable.

Papua New Guinea rose 15 places to 38th, but serious problems remained. RSF said journalists were exposed to intimidation, direct threats, censorship, prosecution and bribery attempts. The situation was all the more precarious because the media groups they worked for rarely defended them when they were under attack.

The main points

  • Tonga has risen six places in the 2019 Reporters Sans frontiers press freedom rankings.
  • Tonga now ranks 45th out of 180 countries, up from 51st place last year.
  • The kingdom’s lowest score was 66th in 2013.

For more information

Reporters Sans frontiers

https://rsf.org/en/ranking

Tongan PM reaffirms commitment to media freedom

Tongan PM reaffirms commitment to media freedom

Freedom House

https://freedomhouse.org/report/freedom-world/freedom-world-2019

Tonga gets $US10 million grant for fisheries management

By
Kaniva Staff
-

By Radio New Zealand

Tonga’s government says dozens of coastal communities will benefit from a new $US10 million grant towards fisheries management.

The World Bank on Thursday approved the funds, which are part of a sustainability project improving compliance and governance of commercial fishing.

Tonga’s fisheries minister, Semisi Fakahau, said improving the sustainability of the country’s fish stocks is vital to its economic prosperity.

The World Bank project will also improve fisheries monitoring and outcomes for women working in the pearl industry, he said.

Tonga is heavily dependent on its fisheries, with around 82 percent of Tongan families involved in reef fishing, according to government figures.

This article is republished under Kaniva’s content partnership agreement with Radio New Zealand.

Appeal Court dismisses Tongasat’s appeal to present evidence from former gov’t ministers

By
Philip Cass
-

The Appeal Court has refused Tongasat an application to present new evidence in an appeal against a decision handed down against it last year.

Following a seven day trial in August last year, Lord Chief Justice Paulsen declared that a payment  of $US24.45 million received by the Kingdom from the Peoples Republic of China in 2008 was a grant and therefore counted as public money within the  Public  Finance Management Act.

He also declared  that a second payment   of $US25.45 million received by the Kingdom from the Peoples Republic of China in  2011 was a grant and therefore public money within that Act.

As Kaniva news reported at the time, this meant the payment of tens of  millions of dollars of Chinese grant money to Princess Pilolevu’s satellite company was declared illegal by the court.

The court said Tongasat was not entitled to the money.

Lord Chief Justice Paulsen’s ruling  was in favour of the action brought by the Public Service Association (PSA), Prime Minister ‘Akilisi Pohiva and Kingdom of Tonga.

Tongasat – formally known as the Friendly  Islands Satellite Telecommunications Ltd – appealed the judgment and asked the court for permission to produce new evidence.

New evidence can only be introduced if the court grants permission on special grounds.

Tongasat wanted to produce affidavits   from  Lord   Matoto,  Sunia   Fili, ‘Aisake Eke and ‘Aholotu Palu.

Lord Matoto was the Minister for Finance in September 2008 and was appointed on behalf  of  the  Kingdom to  go  to  Beijing  and  sign  an  agreement  with  the   Peoples Republic of China that provided for the two payments in question.

Sunia Fili was the Minister for Finance at the time of the second payment. He gave instructions to the Reserve Bank for the disbursement of the funds

‘Aisake Eke was the Secretary of the Department of Finance at the time of the first payment and ed to Lord Matoto.

‘Aholotu Palu was head of the Budget Division of the Ministry of Finance in 2011 when the second payment was received.  He was aware of the pending payment and its intended disbursement to the appellant.

The Appeal Court said fresh evidence could be accepted only if it could be shown that the evidence could not have been obtained with reasonable diligence for use at the original trial; that it was likely to have an important influence on the result of the case and that it was credible.

The Court said none of the evidence was discovered for the first time after the trial.

“The role and involvement of the new witnesses was known in 2008 and 2011, the witnesses were living in Tonga and available to be interviewed here,” the Court report said.

“There was no practical, legal or ethical impediment to them being approached to give evidence in the trial.”

The appeal was therefore dismissed.

The main points

  • The Supreme Court has refused Tongasat an application to appeal against a decision handed down against it last year.
  • Following a seven day in August last year, Lord Chief Justice Paulsen declared that the payment  of tens of  millions of dollars of Chinese grant money to Princess Pilolevu’s satellite company was illegal.
  • Tongasat appealed the judgment and asked the court for permission to produce new evidence.

For more information

Million grant given to Tongasat was for “the people” – Chinese Embassy
As Tongasat case heads for Appeals Court, Former minister claims Chinese money was intended for Princess’s company

Supreme Court rules equipment belongs to Bodybuilding Federation; orders its return

By
Philip Cass
-

The Supreme Court has handed down a ruling on a dispute over the ownership of body building equipment after the collapse of a business partnership.

Talaiasi Nau and Tonga Bodybuilding Federation Inc were  in dispute with Masanao Onodera.

Nau is the president of the Federation.

Nau claimed that he and Onodera had a 50/50  partnership  in  a  business called Omega Gym, which was located  in Queen Salote Memorial Hall at Nuku’alofa.

He said Onodera had terminated the partnership by taking over the management  of  the gym.

Nau asked the  court to order Onodera to provide documents and a full accounting  of  the  partnership and to appoint a receiver to   wind   up   the   affairs  of  the partnership.

The Tonga Bodybuilding Federation claimed it owned the equipment used in the gym and  wanted it to be returned to its possession and control.

Onodera disputed both claims, saying the equipment was his own property and that the partnership with Nau was on an 80/20 basis, with himself having the majority share.

He said the partnership was terminated by consent and that the gym was solely his own business.

The court was told Nau and Onodera were friends and had known each other for many years. Nau was president of TBBF and Onodera was president of the Tonga Body Building Association, an incorporated body in New Zealand.

In August 2016, Nau and a team from TBBF attended and competed in the South  Pacific Natural Physique and Fitness Championship in Auckland.

Onodera advised Nau to ask Paul Graham to donate  specialised  body building equipment necessary for body building to be made to TBBF so that TBBF would have the proper equipment for its members.

Graham was the vice-president of the South Pacific and Oceania for the International Federation of Body Building.

Nau and Onodera  met with representatives  of the IFBB for the purpose of having TBBF as its affiliate. Graham agreed to donate the equipment to  the TBBF. TBBF received full recognition from the IFBB in November 2016.

Onodera paid for the cost of having the equipment shipped to Tonga from Sydney where he went to collect it.

Onodera said that because of his investment the Grahams agreed that the equipment would be in his name and sent him a letter confirming this.

He later sent another letter saying that the equipment was in fact being consigned  to  the TBBF instead of himself such as the shipping documents showed.

He told the court this was done on the advice of Nau who told him it would save custom charges.

However, he then said: “Now I realise it was all to create a way to claim the equipment was owned by TBBF without having spent a penny on getting it to Tonga.”

Nau argued that Onodera was aware that the duty exemption would not have been available on the equipment if the equipment had belonged to Ondera personally.

“[Onodera] signed the letter confirming that the equipment belonged to TBBF freely and willingly in order for duty exemption to be obtained and for the equipment to be released to TBBF,” Nau said.

Judge Niu said he accepted Nau’s evidence. He said the equipment that Onodera sent from Sydney became vested in TBBF by way of gift from Mr. and Mrs. Graham to TBBF, because Onodera was at that moment  the agent of TBBF.

“He was there to take delivery  of the gift of the equipment from the Grahams for the TBBF,” the judge aid.

“It is the law that a gift is complete upon the delivery and hand over of the thing  gifted.”

A similar set of claims was made about a second set of equipment which Onodera claimed was his, even though it had also been passed through customs as the property of the TBBF. This claim was also rejected  by the judge.

However, the judge said he believed Onodera’s claim that the business was divided 80/20 rather than 50/50.

Judge Niu ruled that all the equipment shipped to Tonga was the property of the Tonga Body Building Federation and should be returned to it.

The parties in the dispute were to agree on an accountant to prepare a final account of the business and to provide all relevant documents related to the operation and costs the business.

The main points

  • The Supreme Court has handed down a ruling on a dispute over the ownership of body building equipment after the collapse of a business partnership.
  • Talaiasi Nau and Tonga Bodybuilding Federation Inc were in dispute with Masanao Onodera.
  • The Tonga Bodybuilding Federation claimed it owned the equipment used in the gym and  wanted it to be returned to its possession and control.

Reserve Bank says stay away from pyramid scheme and warns of TP$1 million fine

By
Philip Cass
-

The National Reserve Bank has warned the public against investing in a pyramid scheme it says is being run by an American company, WorldVenture.

And the Bank said anybody convicted of promoting or managing such a scheme could face a TP$1 million fine and 30 years in jail.

It said anybody investing in such a scheme did so at their own risk.

WorldVenture, which has faced legal battles in several countries, was promoting itself in the kingdom as a tourism business.

It promises members discount travel packages and commission/bonuses for people who sign up as “Independent Representatives” – essentially investors working from home sales staff trying to make money back by signing up other people to the scheme.

Investors have to keep finding new people to sign up to the scheme to make any money.

According to Australia media reports, it could cost up to TP$4500 a year to join the scheme, keep up monthly membership payments and take advantage of what are promoted as special travel deals.

Questions

How much money the company’s investors actually make is open to question. WorldVentures’ 2015 Annual Income Disclosure Statement said that 77.76 per cent of so-called “Independent Representatives” did not earn a commission during the year.

Of the 22.24 per cent who did, the median was $US150, or TP$338, far less than the money needed to buy into the scheme and keep up monthly member payments.

The Reserve Bank said its Financial Intelligence Unit had confirmed that WorldVenture had been declared a pyramid scheme in several countries, including Solomon Islands, Brunei, Norway and South Africa.

The Reserve Bank said WorldVenture fell under the definition of a pyramid scheme as defined by the Financial Institutions Act.

Pyramid schemes are illegal under Section 3A of the Financial Institutions Act.

The Act says that anybody who promoted or managed a scheme depended on increases in the number of participants in the scheme or in the size of their contributions to the scheme, was liable on conviction to a fine of up to TP$1 million or 30 years in jail, or both.

“The general public is hereby warned from joining such a scheme.” the Bank said.

The Bank said WorldVenture has not been issued any license by relevant authorities to conduct business in Tonga.

Legal trouble

WorldVenture has been beset with legal problem and government challenges in several countries.

Last year WorldVenture faced legal action from its “independent representatives” who had not been paid commissions for several months.

South African media estimated up to 20,000 people had signed up to the scheme.

Elsewhere in Africa the Rwanda Development Board has warned the public against engaging with the firm and terming it as a pyramid scheme.

WorldVenture was declared a pyramid scheme scheme in Norway in 2014 and stopped trading. Legal attempts to overturn government ruling against it failed.

The main points

  • The National Reserve Bank has warned the public against investing in a pyramid scheme it says is being run by an American company, WorldVenture.
  • And the Bank said anybody convicted of promoting or managing such a scheme could face a TP$1 million fine and 30 year in jail.
  • It said anybody investing in such a scheme did so at their own risk.

For more information

WorldVentures sued for millions by reps

https://www.iol.co.za/sunday-tribune/news/worldventures-sued-for-millions-by-reps-16636860

World Ventures lose case against Norwegian Ministry of Culture

World Ventures lose case against Norwegian Ministry of Culture

Rwanda warns against ‘Ponzi-like’ WorldVentures

https://www.theeastafrican.co.ke/news/ea/Rwanda-warns-against-Ponzi-scheme-like-World-Ventures-/4552908-4755968-3en0kk/index.html

Bearded men carry ‘more germs than dogs’, study finds

By
Kalino Latu
-

By PADRAIC FLANAGAN FOR THE MAIL ON SUNDAY

It’s bad news for hipsters but men with beards harbour more germs in their whiskers than dogs carry in their fur, scientists say.

The alarming news follows a study that found every sampled beard was crawling with bacteria, and nearly half had bugs that were hazardous to human health.

By contrast, a number of the dogs tested proved to have lower levels of microbes. Now men have been left bristling with fury, with claims that the results stem from pogonophobia – the irrational fear of beards.

In the study, scientists wanted to discover whether there was a risk that humans might pick up a dog-borne disease from an MRI scanner that was also used for examinations by vets. Researchers took swabs from the beards of 18 men and the necks of 30 dogs, across a range of breeds, and compared the results.

Professor Andreas Gutzeit, of Switzerland’s Hirslanden Clinic, said: ‘The researchers found a significantly higher bacterial load in specimens taken from the men’s beards compared with the dogs’ fur.’ The study found all of the bearded men, aged from 18 to 76, showed high microbial counts, but only 23 out of 30 dogs had high counts. The remainder had moderate levels.

Seven men were even found to harbour microbes that posed a threat to human health.

After the MRI exams of the dogs, the scanners were disinfected and showed a ‘significantly’ lower bacteria count compared with levels seen when used by humans.

‘On the basis of these findings, dogs can be considered as clean compared with bearded men,’ said Dr Gutzeit.

But Keith Flett, founder of the Beard Liberation Front, which opposes discrimination against the hirsute, cast doubt on the report.

‘I think it’s possible to find all sorts of unpleasant things if you took swabs from people’s hair and hands and then tested them,’ he said. ‘I don’t believe that beards in themselves are unhygienic.

‘There seems to be a constant stream of negative stories about beards that suggest it’s more about pogonophobia than anything else.’

Israel Folau sacked, given 48-hours to appeal

By
Kaniva Staff
-

By Radio New Zealand

Wallabies fullback Israel Folau has 48 hours to decide his future after being handed an official code of conduct breach notice by Rugby Australia.

Rugby Australia intends to terminate his contract following his social media post on Twitter and Instagram last week, which proclaimed homosexuals, drunks and atheists, among others, would go to hell unless they repented.

Folau was today served with a breach notice over the posts.

In a statement, Rugby Australia said its integrity unit deemed that Folau had committed a high-level breach of the Professional Players’ Code of Conduct warranting termination of his employment contract.

Folau has 48 hours to accept the sanction or have the matter referred to a code of conduct hearing.

Rugby Australia chief executive, Raelene Castle said Folau had failed to meet his obligations.

“At its core, this is an issue of the responsibilities an employee owes to their employer and the commitments they make to their employer to abide by their employer’s policies and procedures and adhere to their employer’s values.

“Following the events of last year, Israel was warned formally and repeatedly about the expectations of him as player for the Wallabies and NSW Waratahs with regards to social media use and he has failed to meet those obligations,” Castle said.

“It was made clear to him that any social media posts or commentary that is in any way disrespectful to people because of their sexuality will result in disciplinary action.”

Castle said all professional rugby players in Australia were bound by the code of conduct and there was a process in place for any disciplinary matter.

“We appreciate that this particular matter will attract significant interest, but due process must be followed.”

Wallabies coach Michael Cheika said earlier that Folau’s “disrespectful” comments would currently make it impossible to pick the superstar for Australia at this year’s Rugby World Cup.

“Getting out in that disrespectful manner publicly is not what our team’s about. When you play in the gold jersey, we represent everyone in Australia – everyone. Everyone that’s out there supporting us. We don’t pick and choose,” Cheika said.

Tongan couple convicted of forced labour

By
Kalino Latu
-

By Radio New Zealand

A Tongan couple has been found guilty of forcing a Fijian woman to work as a servant in their suburban Brisbane home for eight years.

Malavine Pulini was found guilty of trafficking and forced labour on Friday.

Her husband, Isikeli Pulini, was also convicted of the forced labour offence but he was found not guilty of trafficking.

The couple had pleaded guilty on Thursday to harbouring an unlawful citizen but denied the human trafficking and forced labour charges.

They will be sentenced at a later date.

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