An unnamed
party was standing behind Tongasat and funding its appeal against a ruling that
the transfer of nearly US$50 million to the company was illegal, the Supreme
Court has been told.
Lord Chief
Justice Paulsen said he inferred this from the evidence placed before him and
was one of the factors in ordering Tongasat to pay a TP$15,000 security deposit
into the court before its latest appeal could be dealt with.
He said
there was a significant risk that if costs were awarded against Tongasat they
would not be paid.
Prime Minister ‘Akilisi Pohiva, who began the long running legal battle with Tongasat when he was leader of the opposition, asked the Supreme Court to rule that Tongasat must put a TP$15,000 security deposit.
Tongasat has
applied for permission to call for evidence from four witnesses and said if
this was granted it would seek a re-trial.
Lord Chief
Justice Paulsen said the case would come before him again on May 3.
By then he
would have ruled on Tongasat’s request to call further evidence.
As Kaniva Tonga news reported at the time, in August and September last year the Supreme Court ruled the transfer of US$49.9 million to Princess Pilolevu’s company was illegal.
Lord Chief
Justice Paulsen said Tongasat’s appeal was really an attempt to secure a new
trial.
“Tongasat has
already had its case heard and adjudicated upon after a lengthy trial
before the Supreme Court,” the judge said.
“In
addition, the appellant has benefited by the impugned transactions, received a
very large sum of grant aid funds and has divested itself of those funds in
their entirety.
“It has
commercial interests at stake in this litigation.”
In his
evidence to the supreme court, Hon. Pohiva said Tongasat was “an effective
shell…an insolvent and worthless company.”
He said the
company had a history of refusing to honour court orders for costs made against
it.
“I seek an
order staying pursuit by Tongasat of all aspects of its appeal until it has
provided security for my costs,” Hon. Pohiva said.
He said that
based on the evidence, Tongasat had long since been stripped by Princess
Pilolevu of all significant financial assets, including Tongasat’s share of the
first and second tranche payments.
He said the
company’s outside backer would be unlikely to pay costs should a ruling go
against Tongasat.
Judge
Paulsen said Tongasat’s financial condition appeared to be “parlous” and there
was good reason to believe that the appellant would not be in a
position to pay costs on this appeal should it be required to do so.
The Court
therefore ordered Tongasat to pay TP$15,000 to the court as security by March
15.
If the money
is not paid Tongasat’s application to overturn the ruling will be put on hold.
Unlawful
Last week we
reported that former Minister of Finance Sūnia Fili, who leaked the news of the
unlawful transfer of Chinese money to Princess Pilolevu and her satellite
company, has now claimed part of the money was intended for Tongasat.
Fili said
while he was Minister of Finance he was given an agreement document which said
the government of Tonga and Tongasat had agreed to split the TP$90 million 50
percent each after deducting taxes.
The
main points
An
unnamed party was standing behind Tongasat and funding its appeal against a
ruling that the transfer of nearly US$50 million to the company was illegal,
the Supreme Court has been told.
Lord
Chief Justice Paulsen said he inferred this from the evidence placed before him
and was one of the factors in ordering Tongasat to pay a TP$15,000 security
deposit into the court before its latest appeal
could be dealt with.
He
said there was a significant risk that if costs were awarded against Tongasat
they would not be paid.
For
more information
Supreme Court issues declaration on
legal status of main points in Tongasat case
A proposed revamp of the international rugby calendar would “shut out” Pacific Island nations and spell the “death” of rugby in the region, according to leading players and officials.
World Rugby is in discussions to form a 12 team World League from 2020, including teams from the Six Nations, while the USA and Japan would be invited to join the Rugby Championship, at the expense of Pacific Island nations.
That would mean no room for Fiji, who are ranked ninth in the world and stunned France in Paris little over three months ago.
The Flying Fijians upset France in November. Photo: AFP
Akapusi Qera played 65 tests for Fiji between 2005 and 2018 but said if the World League proposal went ahead more Pacific Island players would turn their backs on the international game.
“We will now likely just see more Pacific Island players retiring from test rugby and signing contracts with clubs in France and UK promising not to play test matches because they will not see the benefits or incentive anymore for turning our for their country,” he said.
Georgia and Tonga are also set to miss the cut, despite being ranked higher than Italy, who have only managed 12 wins in 98 Six Nations matches.
Georgia and Tonga are both set to miss out. Photo: Facebook/Georgian Rugby
The Chairman of Pacific Rugby Players, former Tonga flanker Hale T Pole, said: “This proposed format and structure would mean the death of Pacific Island rugby. Let alone this not recognising our contribution to the game historically, this makes us feel as if we are irrelevant to the future of the game at high levels.”
Current ‘Ikale Tahi captain Siale Piutau said: “This competition only entrenches the unbalanced tiered system in rugby and widens the gap between the “haves and have nots”.
“To make decisions like these on a pure commercial basis without considering the wider impact for rugby communities is ridiculous.”
Two-time Rugby World Cup quarter finalists Samoa would also be left in the international rugby wilderness.
Manu Samoa captain Chris Vui said the lack of any promotion-relegation opportunity for countries outside of the invited teams would be extremely damaging.
“For countries in this bracket and for Pacific Islanders in particular, our biggest issue has always been the ‘club vs country’ factor,” he said.
Manu Samoa captain Chris Vui. Photo: AFP
“A 12-year deal is not workable, particularly when it presents no hope of advancement for during that period. This will have a dangerous knock-on effect of luring senior players away from their countries and more towards the clubs, which is the exact opposite of what we’re all trying to achieve.”
Former Manu Samoa midfielder Seilala Mapusua said excluding the Pacific Island nations would send the wrong message to aspiring players in the region.
“There are young 18-year-old Pacific Island players who will look at this and see that they will not be able to play against the big teams in the big stadiums for their whole career,” he said.
“Twelve years locked out of this competition will mean more players choosing to play for New Zealand, England or other, because they will not see as much value playing for their home island nation.”
Fiji and Samoa could miss out on tests against tier one nations. Photo: Facebook/Fiji Rugby
World Rugby Vice Chair breaks ranks to support Pacific teams
World Rugby vice chairman Agustin Pichot has criticised the proposed World League competition and said Pacific Island nations should be included by right.
Responding on Twitter, the former Argentina captain Pichot said he “will never support a league that doesn’t have a pathway for emerging nations” and expressed his support for a two tiered league with promotion/relegation and enough rest periods for the players.
He agreed Pacific Island teams deserved to be involved and emphasised that “nothing has been decided yet” and he doubts it will and he “won’t stop trying.”
The International Rugby Players Association has also hit out at the proposal, which would mean teams playing each other once during the year before semi-finals and a final in the northern hemisphere in December.
“While players gave this idea a cautious welcome when we met at the end of last year, it now seems like a commercial deal on the future of the game is being negotiated at a rapid pace with little consideration given to the important points we raised with World Rugby in November,” said Ireland first five Johnny Sexton, who is the President of the global players’ union.
“To suggest that players can play five incredibly high-level test matches in consecutive weeks in November is out of touch and shows little understanding of the physical strain this brings.”
All Blacks captain Kieran Read said test rugby would suffer if the proposal went ahead and player concerns over workload had to be taken into account.
“We need to be very careful that we balance the commercial needs of the game, with the player welfare needs and ensure the quality and integrity of matches meets expectations,” Read said.
“Fans want to see meaningful games; they don’t want to see fatigued players playing a reduced quality of rugby as part of a money-driven, weakened competition that doesn’t work for the players or clubs.”
Matches like the All Blacks vs Manu Samoa could become a thing of the past. Photo: PHOTOSPORT
This article is republished under Kaniva’s partnership content agreement with Radio New Zealand
A hurricane warning remains in force for Tele-Ki-Tonga and Tele-Ki-Tokelau coastal waters.
While it is now a category 4 storm, the Tongan Met Service says it will not affect any of the land areas of Tonga.
The strong wind warning for Tongatapu and ‘Eua land areas and coastal waters has now been cancelled.
However, a heavy damaging swell warning remains in force for Tongatapu, ‘Eua, Tele-Ki-Tonga and Tele-Ki-Tokelau coastal waters, but is now cancelled for Ha’apai coastal waters.
Tropical Cyclone Pola is moving south at 18km/hr and the maximum winds near its centre are about 165 km/hr, with momentary gust up to 205km/hr.
On its current track, tropical cyclone pola is expected to lie at about 230km south south-east of Tele-Ki-Tonga, 285km south south-east of Tele-Ki-Tokelau, 615km south south-west of Nuku’alofa, 600km south south-west of ‘Eua at 1.00pm today.
Pacific
Islands rugby chiefs have reacted angrily to a proposed World Rugby League
tournament that would lock out the three Pacific champions – Tonga, Fiji and Samoa.
The 12-team
World League would sign up teams from the Rugby Championship and Six Nations as
well as the United States and Japan for a dozen years.
Island teams
would be effectively barred from participating.
There are
reports that an unnamed broadcaster has offered to back the concept in a deal
that would provide up to NZ$14m for each nation every season.
Under the
new arrangement the 12 teams would meet once
a year, with finals conducted at the end of each year.
Aayden
Clarke, chief executive officer of Pacific Rugby Players, said that during
discussions with other heads of rugby in the Pacific, one of them described the
World League as meaning “the death of Pacific Island Rugby.”
He told New
Zealand media players would be forced to opt to play in overseas teams because
it would give them more opportunities than playing for their home side.
“There
are 18-year-old young Samoans, Tongans and Fijians now who will now be looking
at ‘who do I make myself eligible for’ because if I play for my home country I
will never play in the bright lights of Twickenham and possibly will never have
the opportunity to play the All Blacks or Australia,” Clarke said.
“We’re
going to see players withdrawing from test rugby and signing three to four year
deals with French or UK clubs, quite happy to step down from international
rugby because, no disrespect, but they don’t value test matches against the
likes of Spain, Russia and Uruguay as high as playing against top
nations.”
And Samoan
captain Chris Vui told the New Zealand
Herald: “For countries in this bracket and for Pacific Islanders in
particular, our biggest issue has always been the ‘club versus country’ factor.
“We feel
that a 12-year deal is not workable, particularly when it presents no hope of
advancement during that period.
“This
will have a dangerous knock-on effect of luring senior players away from their
countries and more towards the clubs, which is the exact opposite of what we’re
all trying to achieve.”
Leading
rugby players from around the world have condemned the idea of a World League and
raised concerns that under the new arrangement there would be no real
opportunity for tier two teams like Tonga, Samoa and Fiji, to progress.
The New Zealand Herald said the new deal
meant that the Pacific Island teams were effectively being told to “to give up
– they will never have a seat at the top table.”
According to
the Pacific Rugby Players website, hundreds of Pacific Islanders play the game
across the globe.
The
main points
Pacific
Islands rugby chiefs have reacted angrily to a proposed World Rugby League
tournament that would lock out the three Pacific champions – Tonga, Fiji and
Samoa.
The
12-team World League would sign up teams from the Rugby Championship and Six
Nations as well as the United States and Japan for a dozen years.
Speed and alcohol are thought to have contributed to a crash which killed a 26-year-old Nukunuku man this morning at around 1.35am on Hihifo road, police have said.
Family members and friends have named the victim on Facebook as Tēvita Tāufa.
Polie said the deceased was with friends on a night out, drinking alcohol in Nuku’alofa last night.
Police said they returned to Nukunuku from Nuku’alofa at about 1am in two cars.
On their way back, the other car was travelling in front while it was followed by the car where the deceased was riding at the front passenger seat.
The fatal incident occurred when the vehicle where the deceased was in had swayed and gone off the road to the left and as it bounced back, it hit the other vehicle.
The impact had caused both vehicles to slide to the right where the vehicle with the deceased crashed into an electric pole on the right side of the road.
The force of the accident broke the pole in two.
The car where the deceased was in was driven by a 28 year old man from Nukunuku, with another 28 year old male passenger, also from Nukunuku.
“All three were rushed to the Vaiola Hospital where the 26 year old passed away and the driver and the other passenger sustain serious injuries and are still in Vaiola Hospital,” Chief Inspector Sofilisi Fifita has said.
The driver and passenger in the
other vehicle escaped with no injuries.
“Speed and alcohol were contributing factors to this fatal crash,” he said.
Fifita urged “youth, drivers and road users to act responsibly as there is only one life.”
“Make sure you do not drink and drive. Either arrange for a sober driver or catch a taxi home. Everyone should be safe and considerate on the road.”
This is the first road fatality for this year 2019.
Tonga’s ombudsman has announced an inquiry into allegations of poor administration by the boards of public enterprises.
At the end of last year, local media reported some board members were spending excessively, taking loans, being paid thousands in bonuses and overtime and travelling to Europe.
The Ombudsman of Tonga, Aisea Taumoepeau, said he was now carrying out what he calls an Own Motion Investigation into the allegations.
He said his office and the Ministry of Public Enterprises have agreed to work in partnership and the investigation should not be taken as a negative reflection on the ministry.
He says the probe’s being carried out in the public interest and he has requested relevant information from the ministry.
“I see this as a query into whether these allegations are substantiated or otherwise,” Aisea Taumoepeau said.
“Either way, it will be for the benefit of the Ministry to remedy any shortfall in the Public Enterprises concerned, or be assured there is no undesirable maladministration in the operation of Public Enterprises”.
This article is republished under Kaniva’s partnership content agreement with Radio New Zealand.
An Auckland woman from the Tongan community has been sentenced to 250 hours community work after pleading guilty to charges of unlawful immigration advice that involved deceiving family members and friends.
The Immigration Advisers Authority (IAA) charged Lealeifuaneva Linda Moala under the Immigration Advisers Licensing Act 2007 with two counts of asking for, or receiving a fee or reward for, immigration advice when neither licenced nor exempt, while knowing she was required to be.
The further charge under the Crimes Act 1961 was for obtaining payment by deception.
Moala, who is Samoan and married to a Tongan man, appeared before Manukau District Court earlier this month for sentencing after pleading guilty to all charges laid against her by the IAA in March 2018.
The offending included taking payment from four of her family members and friends in the Tongan Community.
Moala had worked at Immigration New Zealand (INZ) as a contracted employee for short periods prior to offending.
When talking to victims, Moala claimed she was an immigration officer and that through her contacts could arrange a ‘free-pass’ with support from workers inside INZ.
The Registrar of Immigration Advisers, Andrew Galloway, says “We would like to remind people, especially among the Pacific community, that to provide immigration advice a person must be licensed or exempt”.
“Unfortunately we hear of cases where even trusted friends or family have been recommended to help a person out with immigration advice, and it turns out they aren’t licensed.
Even if you are recommended by a person or know them, you should check whether they are actually allowed to give immigration advice”.
Immigration Advisers must be licensed by the IAA, a New Zealand government body set up to protect individuals and families looking for immigration advice, or be an exempt person, such as a New Zealand lawyer.
“The result for people using unlicensed advice can result in a range of negative outcomes including having your visa application returned. People should be particularly wary of claims of special access, or people claiming to have contacts within INZ that can help them with an immigration matter,” says Mr Galloway.
“The IAA takes this type of offending very seriously and we will continue to actively investigate and prosecute instances of unlicensed advice”.
The IAA looks into all complaints made by the public about unlicensed immigration advice. Individuals found breaking the law can face up to seven years in prison and a fine of up to NZD$100,000.
