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Tonga joins Australia’s Pacific Labour Scheme

By
Kaniva Staff
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By Radio New Zealand

Australia has announced Tonga has officially joined its Pacific Labour Scheme.

The government said Tonga’s entry into the scheme will provide more Tongans access to skills development opportunities, while also helping fill labour shortages in rural and regional Australia.

Tonga has participated in the Seasonal Worker Programme for a number of years, providing almost half of the 31,000 workers since 2012.

Tonga will now join Kiribati, Nauru, Samoa, Solomon Islands, Tuvalu, and Vanuatu in the revamped Pacific Labour Scheme.

Workers can undertake non-seasonal work in rural and regional Australia for up to three years.

The Pacific Labour Scheme started last July.

The government said the scheme is now uncapped and will be expanded to include more Pacific countries and Timor-Leste in the future.

Flight forced to turn around after mother forgets baby in Saudi Arabia

By
Kaniva Staff
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A forgetful mother has caused a flight emergency in Saudi Arabia.

The mum was on board Saudia Flight SV832 from Jeddah to Kuala Lumpur in Malaysia when she realised she was missing something – her baby.

The infant had been left at the boarding gate as the plane took off.

The pilot radioed back to air traffic control in Jeddah to tell them he was heading back.

Audio of the exchange has been posted on YouTube, reports Gulf News.

At one stage the pilot says: “We told you, a passenger left her baby in the terminal and refuses to continue the flight.”

“Ok, head back to the gate”, said the controller. “This is totally a new one for us!”

Japan calls up Mafi despite assault charges in New Zealand

By
Kaniva Staff
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(AP) Amanaki Mafi, who is facing assault charges in New Zealand, has been called up to Japan’s extended Rugby World Cup training camp.

The Japan Rugby Football Union announced the selection on Monday, and said it would reconsider the 29-year-old backrower’s involvement depending on how the legal proceedings progress.

Mafi was charged with intent to injure former Melbourne Rebels teammate Lopeti Timani after a Super Rugby game against the Highlanders in Dunedin last July.

He has pleaded not guilty to the charges.

He was fined by the Rebels for breaching team protocol and later moved from Australia to Japan, where he resumed playing for Shining Arcs in November after a brief suspension imposed by the Top League club.

Mafi, who was born in Tonga, made four appearances for Japan in the 2015 Rugby World Cup in England, including the upset victory over two-time champion South Africa. Japan is hosting the World Cup, which kicks off in September.

Supreme Court finds former public servant guilty “beyond reasonable doubt” of fraud

By
Philip Cass
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The Supreme Court has convicted former public servant Viliami Latu of one charge of fraud.

On the first count, Latu was charged that on June 20, 2017, while employed as a Government servant at the Ministry of Finance and National Planning, he made false entries in the Main Cash Book with intent to defraud.

On the second count, he was charged that between September 2016 and June 2017, at Neiafu, he fraudulently converted to his own use $1200 entrusted to him by virtue of his employment  as a Government servant.

Lord Chief Justice Paulsen said Latu began working at the Vava’u branch of the Ministry of Finance and National Planning in 2015. The office handles the public revenue  and disbursements of Government Ministries operating at Vava’u.

Latu was the second in command in the office. He was the Senior Accounting Officer and had duties which included checking vouchers for payment of Government debts, maintaining leave and attendance records and maintaining and balancing the Main Cash Book which recorded the total of all revenue and expenses each month. 

“Latu was a senior Government servant who was familiar with the rules and procedures which applied to the receipt and expenditure  of Government  money and the maintenance of the office’s records relating to it,” the judge said.

“He understood that  he  was required  to maintain  accurate  records and of  the importance of doing  so.”

Another  employee  in  the  office,  Lesieli  Halafihi, has already been convicted of taking government money that was under her control. On occasions Latu asked Halafihi to give him money from her drawer. Miss. Halafihi gave him the money when he requested it and he spent it for his personal needs.

Lord Chief Justice Paulsen said Latu  was  a  poor  witness  and gave different explanations in his record of interview and his evidence of the reasons he made the entries as he did.

“However, he generally maintained that the entries were, to his mind at least, not false and had been completed correctly in accordance with his understanding of what was required,” the judge said.

“He also said that it was usual that the Main Cash Book was given to the Sub-Treasurer to confirm that it was correct after he had prepared it.

“Despite his senior position and  experience, in  the unusual circumstances  of  this case it has not been proven beyond reasonable doubt that Latu wilfully made false  entries intending  to defraud  any person  by them.”

Lord Chief Justice Paulsen found Latu not guilty on the first charge.

On the second charge, the judge said he was satisfied beyond reasonable doubt that as a Government servant Latu had fraudulently converted to his own use TP$1,200 of Government money.

He was therefore found guilty on the second charge.

The main points

  • The Supreme Court has convicted former public servant Viliami Latu of one charge of fraud.
  • On the first count, Latu was charged that on June 20, 2017, while employed as a Government servant he made false entries in the Main Cash Book with intent to defraud.
  • On the second count, he was charged that between September 2016 and June 2017, he fraudulently converted to his own use $1200 entrusted to him as a Government servant.

Parramatta stand down Peni Terepo over alleged drunken behaviour on flight from Tonga

By
Kalino Latu
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Tongan rugby league player Peni Terepo has been stood down by the Paramatta Eels for allegedly abusing Air New Zealand staff in an alcohol-fuelled incident on a flight from Tonga to Auckland on Saturday night.

Police had been called to escort him off the plane.

The Parramatta Eels has released a statement today saying they have been made aware of an alcohol related incident involving Terepo from the weekend in New Zealand.

It said the Club has stood Terepo down immediately, including this week’s Round 1 game against Penrith.

The Club will now work with the relevant authorities in New Zealand, the NRL Integrity Unit and the RLPA to investigate the incident thoroughly.

This process will then guide our next steps.

The Club will make no further comment until the investigation is completed.

At the end of 2011, Terepo won the Eels NYC Player’s Player award.

The news came two years after the  Eels had stood down Terepo in 2017 after he pleaded guilty at Auckland District Court to careless driving and refusing to give a blood alcohol test.

Terepo was later fined $500 and $130 in court costs as well being disqualified from driving for seven months. He was almost sacked from the club for not reporting the incident but instead was fined $15,000 for the club.

Duped Auckland drug mule Alipate Moala gets new Hong Kong trial after Tongan translation flaws

By
Kaniva Staff
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By: Jared Savage, NZ Herald, Investigative reporter, jared.savage@nzherald.co.nz@jaredsavageNZH

Former boxing champ and gospel singer to get new trial after lawyers show interpreter struggled to keep up with judge and was not even fluent in Tongan.

An Auckland man duped into smuggling drugs and facing nearly 24 years inside a Hong Kong prison had his conviction overturned because of problems with time pressure and Tongan translation at his trial.

Alipate Moala, 51, was in Hong Kong International Airport to catch a flight to Auckland in September 2015 when 1kg of methamphetamine was found hidden inside his luggage.

The former champion boxer and gospel singer says he thought he was carrying a chemical cleaning agent for which, on safe delivery to New Zealand, his church would receive a cash donation.

Tonga-born Moala had been recruited by email and the “cleaning agent” deception is a scam commonly used by West African crime syndicates to target vulnerable individuals.

Ten others arrested in Hong Kong in similar circumstances around the same time were acquitted at trial.

But Moala was convicted of drug trafficking and sentenced to 23 years and 9 months in prison.

However, after a successful appeal by his lawyers Dr Gerard McCoy QC and Dr Nisha Mohamed, Moala will get a new trial.

His legal team argued the translation at the original trial was “fundamentally flawed”.

A rugby player without any previous experience in translation was the only person who could be found in Hong Kong to interpet at the trial.

The delay in finding a translator meant the trial, estimated to last 5 days, stretched to 13.

An impatient jury said the majority would not sit after a particular day. So the judge sat for longer hours and in delivering his summary of the case, spoke at up to 197 words per minute.

For Moala’s hearing in the Hong Kong Court of Appeal, a professor in linguistics submitted a report on the complexity of the judge’s summing up.

He observed professional interpreters for the United Nations can operate at 120 words per minute, but only for 12 minutes at a time.

The Tongan interpreter at trial, who had no experience, translated the judge’s summing up for more than 4 hours.

Sefita Hao’uli, a Tongan radio broadcaster, also gave expert evidence at the appeal.

His opinion was the trial interpreter spoke Tongan with no more than 50 per cent fluency and no more than 40 per cent accuracy in translation.

Under questioning from Dr McCoy, the interpreter conceded he did not know how to say in the Tongan language words such as “suspicion”, “DNA” and “inference”.

Dr McCoy also submitted the judge spoke slowly in his review of the prosecution case but at “galloping speed” in summarising the defence case.

This created a “subliminal impression” the defence case was not worth considering, said Dr McCoy.

The Hong Kong Court of Appeal quashed the conviction and sentence of Moala. He was remanded in custody ahead of the retrial, although a bail application will be made.

The grooming of naive individuals as unwitting drug mules is a hallmark of West African crime syndicates and others have been caught in New Zealand.

Shortly after Moala was arrested in Hong Kong, retired American couple Archie and Karenkay Ross were caught with 7.2kg of methamphetamine at Auckland International Airport in October 2015.

The couple believed they were carrying experimental malaria medication.

In sentencing them to 4 years 2 months in prison, Justice Christian Whata accepted they had been “groomed over several years to be exploited as drug mules” and were deeply remorseful.

In May 2015, Auckland man Trevor Miranda was found not guilty of importing methamphetamine after falling prey to a similar scam.

He refused to take a cleaning chemical back to New Zealand for fear of taking a dangerous substance on a plane.

Instead, Miranda was told the chemicals would be shipped to his Auckland home and has was given a laptop to “track” the progress of the parcel.

Turns out he was carrying 1.5kg of methamphetamine.

Miranda spoke with the Weekend Herald in 2015 to warn others but struggled to explain how he was taken in by the tall tales.

“I’ve never seen this man. I’ve never had a photograph of him. But he kind of brainwashed me,” Miranda said.

“They were preying on my naivety … they could manipulate me. I have lost a lot … it’s something that was a fantasy that they made me feel was to come to fruition. And it didn’t happen. It just didn’t happen.”

Tongasat a “shell company” and financially weak PM says as battle continues outside court

By
Kalino Latu
-

Prime Minister ‘Akilisi Pōhiva has claimed Princess Pilolevu Tuita’s satellite company is inactive and financially weak.

Hon. Pōhiva was responding to a number of accusations raised against him in a petition recently submitted to the king.

The petition’s organisers, former cabinet ministers and MPs Sione Teisina Fuko and lawyer Williams Clive Edwards, have accused Hon. Pōhiva of unlawfully using government funds to pay his own legal costs and those of the Public Service Association in the court case against  Tongasat.

The case involved the illegal transfer of a TP$90 million Chinese grant to Tongasat.

The Prime Minister has denied the accusation and said the decision was made by the Acting Attorney General ‘Aminiasi Kefu after a number of considerations and communications among plaintiffs’ and defendants’ legal counsellors.

The Prime Minister claimed that after a decision by Lord Chief Justice Owen Paulsen on August 17, 2018 declaring that the transfer of the money was illegal, Paulsen also ruled that Tongasat and the government must pay the plaintiffs’ legal costs.

Hon. Pōhiva said in a statement to Kaniva news and other news media that the Acting Attorney General made his decision based on the fact that the illegality of the transfer of the money was caused by the government and not Tongasat even though Tongasat was directly involved with the deal. 

Hon. Pōhiva also claimed Tongasat was financially weak and could not pay the whole or part of the plaintiff’s legal costs.

“Today the company’s status is just a ‘shell company’,” the Prime Minister said.

The Prime Minister also said there was little hope that Tongasat’s appeal against the Supreme Court decision would succeed.

Tongasat

Tonga’s venture into satellite communications began in 1987 when the American satellite business operator, Matt C. Nilson, persuaded the late King Taufa’ahau Tupou IV to sponsor a satellite system over the Pacific.

The king agreed and gave right to the operation of Tonga’s satellite slots to his only daughter Princess Pilolevu.

The company, which was named Tongasat or Friendly Islands Satellite Communications Ltd, was 60 percent owned by Princess Pilolevu  and intended to control equatorial satellite slots and a single satellite.

Mr. Nilson was Tongsat’s managing director and had a 20 percent stake in the venture.

In the 1980s, when he was leader of the opposition, Hon. Pōhiva revealed the deal in his newspaper, Kele’a.

Hon. Pōhiva accused the king of breaching the constitution by giving Princess Pilolevu the rights to the business as he believed the space in which the satellites were slotted belonged to the government and the nation as a whole.

“Tongan officials concede that they can put up none of the money for the satellites they are proposing, and that Tongasat has only six employees. But the princess who is Tongasat’s chairperson seemed offended by accusations that the satellite positions are being hoarded to make a quick profit,” the New York Times  said.

”Countries in Asia and the Pacific region have a need for better communications,” the New York Times reported princess Pilolevu as saying.

”They make it sound as if we are only interested in financial gain.”

The Princess’s fortune

The Princess’s involvement with Tongasat attracted worldwide media coverage.

She was often referred to by New Zealand media as a Princess who was turned into a millionaire by the satellite company.

US-based Fortune magazine estimated the princess’s earnings from Tongasat at US$25 million (NZ$38 million).

Princess Pilolevu has always claimed her involvement in Tongasat was party of God’s plan for Tonga to lead the way in Christianising China. It was why Tonga switched its diplomatic recognition from Taiwan to Beijing and moved Tongasat to Hong Kong.

“I believe that God invented us to do this work otherwise we could have become just another foreigner knocking on doors in Beijing for years without having a chance to meet the leaders of China,” she said.

Significant risk

As Kaniva Tonga news reported earlier this month, Tongasat has appealed against a ruling that before any appeal against the judgement that the transfer of money was illegal, it must pay a security deposit to cover court costs.

In handing down the ruling, Lord Chief Justice Paulsen said it appeared an unnamed party was standing behind Tongasat and funding its appeal.

The judge said this was one of the factors he considered when 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.

Judge Paulsen said Tongasat’s financial condition appeared to be “parlous.”

The main points

  • Prime Minister ‘Akilisi Pōhiva has claimed Princess Pilolevu Tuita’s satellite company is inactive and financially weak.
  • Hon. Pohiva was responding to a number of accusations raised against him in a petition recently submitted to the king.

For more information

“Unnamed party” funding Tongasat unlikely to pay costs if it loses appeal, Lord Chief Justice says; orders security deposit

“Unnamed party” funding Tongasat unlikely to pay costs if it loses appeal, Lord Chief Justice says; orders security deposit

‘Iunisitani Toluta‘u faces life in prison following Sydney airport drug bust

By
Kalino Latu
-

A Tongan man is now facing up to life in prison in Australia after he was arrested by Australian Federal Police (AFP) for drug trafficking on Thursday, 7 March.

AFP arrested ‘Iunisitani Toluta’u, 32, with another man and have seized approximately 38 kilograms of methamphetamine trafficked through Sydney airport.

Both men were scheduled to appear before Sydney Central Local Court on Thursday to face charges relating to their alleged involvement in this criminal enterprise.

Toluta’u of Campsie was an employee of an airport service provider – allegedly used his access to secure areas at Sydney Airport to offload two rucksacks from the luggage hold of an incoming flight from Canada on Wednesday, 6 March 2019.

The bags were later found to contain approximately 38 kilograms of a substance that presumptively tested positive to methamphetamine. Further forensic testing will determine the exact weight and purity of the substance.

It will be alleged the Campsie man transferred the bags containing methamphetamine through the international terminal to the domestic terminal, where he arranged for them to be placed on a baggage carousel.

The bags were then collected by a 26-year-old man from Travancore, Melbourne, who had arrived on a flight from Melbourne yesterday morning. This man was arrested as he attempted to leave the domestic terminal after collecting the bags.

AFP acting Commander Nathan Barron, a/State Manager NSW, said the AFP is committed to investigating those seeking to corruptly benefit from their access to the aviation security environment.

“Yesterday’s arrests include a man who has abused the trusted access he has to ensure the smooth operation of Sydney’s international airport, and instead sought to exploit it for the greed of all those involved,” acting Commander Barron said.

“The AFP is committed to upholding the principles of trust and integrity among those working in the airport environment, and in disrupting criminal syndicates who seeking to peddle dangerous drugs in the community.

“This investigation is a fantastic example of how intelligence-led, proactive policing can damage the activities of organised crime groups.”

The AFP will continue investigations in concert with the Australian Border Force (ABF) and overseas partner agencies to identify others involved, and further arrests have not been ruled out.

The Campsie man was charged with one count of importing a commercial quantity of a border controlled drug, namely methamphetamine, contrary to section 307.1 of the Criminal Code Act 1995 (Cth).

The Travancore man was charged with one count of possessing a commercial quantity of an unlawfully imported border controlled drug, namely methamphetamine, contrary to subsection 307.5(1) of the Criminal Code Act 1995 (Cth).

The maximum penalty for these offences is life imprisonment.

Armed Forces say they are apolitical in wake of Noble’s comments on petitions to king

By
Kalino Latu
-

His Majesty’s Armed Forces (HMAF) were apolitical, the  Chief of Defence Staff, Brigadier Fielakepa said today.

The Brigadier’s comments came in a press release about what it called “misleading information released via social media.”

While the Armed Forces’ statement did not say what the misleading information was, or which social media platform the information was being shared on, it emphasised that the armed forces could not take sides in politics.

The statement appears to be linked to recent statements by Noble MP Lord Fusitu’a to Radio New Zealand.

Lord Fusitu’a told Radio New Zealand there had been hints of trouble if Parliament was dissolved.

The king’s noble was talking about three petitions which were presented to King Tupou VI two weeks ago calling for the removal of the ‘Akilisi Pohiva-led government.

“I have heard murmurings that should a dissolution occur the supporters of the current government have threatened violence,” the noble told Radio New Zealand.

“That’s been posted all over social media. They have shown actual photos of themselves with illegal arms.”

Two men were arrested and jointly charged last month with various offences including possession of prohibited weapons and hand grenades.

Critics of Prime Minister ‘Akilisi Pohiva’s government have used the arrest as a weapon to attack the government alleging that the arrestees were democrats.

Last year Police Minister Māteni Tapueluelu claimed the importation of ammunition by the Forces after the king dissolved Parliament in 2017 was unlawful. At the time, HMAF claimed that after a meeting with the Police Minister to clarify the issue, the ammunition and weapons were returned to the control of the Police.

Today’s press release said: “HMAF does not support or promote any political belief or opinion of any group or people. HMAF is strictly under legal command not to participate in any political activity. HMAF adheres to maintaining its apolitical position at all times.

“HMAF’s primary responsibility is to carry out its functions and duties as prescribed under the laws of Tonga. On that note, the Chief of Defence Staff Brigadier Fielakepa and all members of HMAF do not support or participate in any activity of a political nature.”

Radio New Zealand said Hon. Pohiva meanwhile had slammed the petitions as trouble making.

Japan helps Tonga become better prepared for disasters

By
Kaniva Staff
-

By Radio New Zealand

The Japan International Cooperation Agency will install the disaster communications system known as NEWS for the whole of Tonga including the two Niuas.

The project includes radio communications for disaster-focussed agencies, early warning sirens, loud speakers and remote activated radios.

Improvements to Tonga’s AM broadcasting service, and training for the disaster office and met service are also part of the plan.

Tonga’s Minister for the Environment Poasi Tei said the help is timely given that Tonga is second most-at-risk country in the world for natural disasters.

He cited Polynesia’s 2009 earthquake and tsunami, and last year’s Cyclone Gita, as examples of devastating disasters endured by Tonga, saying the Japanese project will help save lives.

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

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