Home Blog Page 543

Arson sentence suspended to give convicted man chance to overcome drink problems

By
Philip Cass
-

The Supreme Court has suspended the whole sentence of a man convicted of arson.

Sione Fakalelei Manu appeared before Lord Chief Justice Paulsen, who sentenced him to 18 months in prison.

However, the judge suspended the sentence on condition that he undertake 80 hours community service as ordered.

Manu was ordered to undergo and successfully complete an anger management course and a course on drugs and alcohol abuse.

He was warned that if he failed  to comply with any of these conditions during his suspension he could be required to serve out his sentence.

In his report on the case, Lord Chief Justice Paulsen said Manu picked up his wife from the hospital, intending to return to their home at Fatai.

He was drunk and they got into an argument. He then drove the car at high speed, causing. his wife to be afraid and exit the car as soon as she could.

She took refuge in a house and refused  Manu’s demands that she get back into the car.

He returned to their home at Fatai where he consumed more alcohol.

He lit a match and threw  it into a pile of clothes in the bedroom and then locked up the house and left to go to a nearby shop.

When he returned the house was fully ablaze. He did nothing to stop the fire and left again. He said nothing could have been done to save the house, which was completely destroyed.

The judge said the house and its contents were worth TP$5000. The house was owned by the wife’s family.

When arrested, Manu admitted the offence and pleaded guilty.

Lord Chief Justice Paulsen said he was suspending Manu’s sentence to give him a chance to rehabilitate himself.

A significant contributing factor in all of Manu’s prior offending was the consumption of alcohol and Manu had shown he was unable to control his rage when he was drunk.

“I think he should be given assistance to deal with these issues in the expectation that in successfully doing so he is unlikely to reoffend,” the judge said.

However, there should be some punitive aspect to his sentence.

The main points

  • The Supreme Court has suspended the whole sentence of man convicted of arson.
  • Sione Fakalelei Manu appeared before Lord Chief Justice Paulsen who sentenced him to 18 months in prison.
  • However, the judge suspended the sentence on condition that he undertake 80 hours community service.

Internet restored after two weeks of outage

By
Kalino Latu
-

Tonga’s international submarine fibre optic cable issue has been fixed this morning at around 12 midnight Friday 1, the company’s CEO Edwin Liava’a has confirmed to Kaniva news.

He  said the project has been tested and it is running smoothly, there’s no hiccup at this stage.

Liava’a said the operations team on board the cable repair ship Reliance suspected a boat with an anchor has dragged the cable.

When the Tonga Cable outage began it took out cell phone and internet coverage.

The cable damage was on its day 12th before the blackout had been restored.

The news came after locals were left without Facebook, YouTube and even some basic services like credit card transactions due to the cable fault in the undersea cable that connects Tonga to the rest of the world.

Initially it wiped out access to the internet almost entirely, and meant people couldn’t even make international phone calls.

“A small internet company that uses satellites has stepped in and helped restore international calls and some other services the government considers vital. But people still typically can’t access social media sites such as Facebook and some businesses remain unable to process credit or debit cards.”

Liava’a said, Ports Authority Tonga was working on its list to identify ships which had been in the area before the outage hit.

Supreme Court bans former rugby board members, president, from election meeting

By
Philip Cass
-

The Supreme Court has banned former members of the Tonga Rugby National League board from attending the election of a new board.

It also banned the former president and vice-president of the TRNL from attending the election meeting.

And it has warned that it may take further action depending on the outcome of the audit of the TRNL finances.

The orders came as the Supreme Court reaffirmed that it had the power to dismiss the TRNL board and to order new elections under the Incorporated Societies Act.

As Kaniva Tonga news reported earlier, the Supreme Court dissolved the Tonga National Rugby League (TNRL) board and ordered an election of new board members.

The sacked board members included Chairman Stan Moheloa, General Secretary Tavake Fangupō, Board Director Siu Fangupō,  Board Director Pita Vakautakakala, and Board Director Mātani Nifofā.

The Court appointed Acting Attorney General ‘Aminiasi Kefu as Amicus Curiae (friend of the court) to organise and oversee new elections.

Judge L.M.Niu said the Incorporated Societies Act required that incorporated societies must be  managed in accordance with their rules and constitutions.

“When a society fails to manage or govern its funds in accordance with its rules, the Supreme Court must make the necessary orders to ensure that it does,” the judge said.

“This Court has found that the defendants have failed to govern and manage the funds of the Tonga National Rugby League in accordance with its constitution.

“Substantial funds are not accounted for.

“The Board of Directors at the time was the body responsible for that failure. The members who constituted that Board must be replaced by new members and the new members must not be persons nominated by or voted for by any person who was member of the Board responsible for the failure.

“They must not influence the nominations and voting for new members. They must therefore be excluded from the meeting at which the new Board of Directors is elected.”

Judge Niu said the President and Vice President of the Society were not members of the Board, but could take part in meetings to ensure the board carried out is functions properly.

“Because the Board has failed to carry out its functions properly, it is clear that the President and Vice President have also failed in their duties,” the judge said.

“Accordingly, they should also be excluded from the meeting at which the new Board is elected.”

Judge Niu ordered that Acting Attorney General ‘Aminiasi Kefu, in his role as Amicus Curiae, convene and conduct a meeting to elect a new board of directors.

He said Hon. Kefu would decide all questions arising at the meeting.

“The new Board shall govern from its election until the election of the Board of Directors is completed at the general meeting which shall be convened by the new Board after the accounts of the society have been audited and after completion of appropriate actions, if any, which shall have been taken by the new Board in consequence of the results of the audit,” the judge said.

The main points

  • The Supreme Court reaffirmed that it had the power to dismiss the TRNL board and to order new elections under the Incorporated Societies Act.
  • As Kaniva Tonga news reported earlier, the Supreme Court dissolved the Tonga National Rugby League (TNRL) board and ordered an election of new board members.

For more information

Supreme Court dismisses rugby league board; orders election of new members

Supreme Court dismisses rugby league board; orders election of new members

Supreme Court hands down manslaughter conviction after man stabbed with scissors

By
Philip Cass
-

The Supreme Court has sentenced Hateni Kaufusi to five years and nine months for manslaughter.

The last two years of the sentence have been suspended.

The sentence has been backdated to February 5, 2018.

Kaufusi was acquitted of murder.

In his report on the case, Lord Chief Justice Paulsen said  that on February 4, 2018 at Te’ekiu, Kaufusi caused the death of Tolifili Tu’alau when he unlawfully stabbed him in the back with a pair of scissors, causing his death.

In the early afternoon of February 4, 2018 Kaufusi was roasting a pig at Vaotu’u to welcome relatives. Tu’alau and another man arrived and they began a drinking session.

Tu’alau insisted that Kaufusi drive him to Pea, despite Kaufusi explaining that his car had no petrol. Kaufusi relented and they set off, but the car ran out of petrol at Liahona and they pushed it to a nearby house.

While Kaufusi was inside the house, Tu’alau had the car towed to his home at Vaotu’u, leaving him at Liahona. During this time the car window was broken.

Kaufusi was able to get a ride back to Vaotu’u and made arrangements with some acquaintances to have his car towed to his home at Te’ekiu. He learned that the car had been damaged and there was an altercation between him and Tu’alau.

The two men made up and apologised to each other. Tu’alau agreed to repair the damage to the ca, which was pushed to the road and made ready to be towed.

Kaufusi said he was surprised when the deceased got into the car for the journey to Te’ekiu and he told him to get out, but he refused.

They towed the car to Te’ekiu and the car was pushed to the rear of the property and Kaufusi and Tu’alau were left alone.

Kaufusi told the deceased he had caused all the problems with the car and the deceased gave a smart answer back and said that Kaufusi should take part in fixing the car.

Kaufusi said he would make a complaint against the deceased. The deceased then lunged forward at him with something in his hand, which turned out to be a pair of scissors.

They argued further and Kaufusi threw a plate at the deceased which hit him in the forehead. He then tackled the deceased who fell back on to chairs.

Kaufusi was on top of the deceased and tried to snatch the scissors from the deceased. He forced the deceased’s hand down and the scissors sank into the deceased’s leg, causing a wound.

Kaufusi was able to snatch the scissors but was punched and thrown to the ground. Tu’alau was on top of him, strangling him, so he used the scissors to stab the deceased. He intended to stab him in the shoulder, but in fact stabbed him in the back.

Kaufusi lifted Tu’alau into a chair and applied pressure to the wound, which was bleeding heavily, and called for help.

He found a neighbour with a flat bed truck who was prepared to help. Tu’alau was taken to the hospital, but died on arrival.

Kaufusi went into the hospital to get the doctor and a bed for the deceased.

He then returned to Te’ekiu and was arrested early the next morning.

A post mortem found that the cause of death was excessive loss of blood due to the stab wound in the back.

Lord Chief Justice Paulsen said Kaufusi was entitled to some credit for his previous record and that because he was genuinely and deeply remorseful and that he was cooperative with the Police.

“In addition Mr. Kaufusi and his family have made peace with the deceased’s widow and her family and in Tongan custom have provided gifts,” he said.

The last two years of Kaufusi’ sentence on condition he not use alcohol or drugs, that he successfully complete an anger management course and a course on drugs and alcohol abuse.

If he fails to comply with these conditions he may have to serve the rest of his sentence.

The main points

  • The Supreme Court has sentenced Hateni Kaufusi to five years and nine months for manslaughter.
  • The last two years of the sentence have been suspended.
  • Kaufusi had originally been charged with murder.

Tonga holds global health regulation workshop as WHO head issues pandemic warning

By
Philip Cass
-

Tonga holds global health regulation workshop as WHO head issues pandemic warning

Tonga was working with the World Health Organisation to strengthen its ability to respond to global health threats, the CEO of the kingdom’s Ministry of Health said today.

Speaking to Kaniva Tonga news, Dr Siale ‘Akau’ola said the Ministry is running a workshop next week on the International Health Regulations (IHR) Monitoring and Evaluation Framework.

Dr ‘Akau’ola  was responding to a warning from the WHO’s new regional director that Pacific nations must prepare for the threat of a pandemic from re-emerging diseases.

Dr Takeshi Kasai was confirmed as new head of WHO at the end of last month.

He said he would support in three key areas that Pacific member states had identified as priorities for the future: health security, non-communicable diseases and ageing and environmental and climate change.

Dr Kasai  said island nations must develop new approaches to cope with these challenges.

He said non-communicable diseases such as heart disease and diabetes were already the leading cause of death in the Western Pacific.

He said the WHO did not know when or where the next pandemic would happen, but  it would happen.

“We are well aware of this report from WHO,” Dr ‘Akau’ola said.

“Tonga is working together with WHO to strengthen our preparedness to respond to these global health threats.”

Dr ‘Akau’ola said the International Health Regulations was concerned with the prevention, detection and containment of public health risks, especially infectious diseases of pandemic potential, at source, before they spread across borders.

The main points

  • Tonga was working with the World Health Organisation to strengthen its ability to respond to global health threats, the CEO of the kingdom’s Ministry of Health said today.
  • Speaking to Kaniva Tonga news, Dr Siale ‘Akau’ola said the Ministry was running a workshop next week on the International Health Regulations (IHR) Monitoring and Evaluation Framework.

For more information

Dr Takeshi Kasai appointed WHO Regional Director for the Western Pacific

https://www.who.int/westernpacific/news/detail/26-01-2019-dr-takeshi-kasai-appointed-who-regional-director-for-the-western-pacific

Pacific urged to prepare for threat of pandemic

https://www.radionz.co.nz/international/pacific-news/381355/pacific-urged-to-prepare-for-threat-of-pandemic

Former Tongan Director of Health dies in Auckland

By
Kalino Latu
-

Former Tonga Ministry of Health director Dr Laumeesi Malolo has died aged 87.

A family spokesperson has confirmed his death to Kaniva news.

He said Dr Malolo died peacefully in his sleep at Middlemore hospital on Wednesday 30 at 5pm.  

Dr Malolo was Tongan-born New Zealand MP Jenny Salesa’s  uncle-in-law.

His wife Kasānita Malolo is MP Salesa’s aunt.

Fotofili will keep position despite suspension: “He’s still our captain,” says coach

By
Philip Cass
-

Despite being suspended after an on-field incident in Hamilton last Saturday, Tana Fotofili will lead Tonga in the Sydney Sevens this weekend.

Tonga will play South Africa on Saturday morning and Australia at Spotless Stadium on Saturday afternoon.

They will play Argentina on Saturday night.

Australia took out the  men’s and women’s titles in 2018.

Fotofili was suspended after he broke the jaw of American player Perry Baker during a dangerous tackle.

He was also named for an incident during their game with Kenya on Sunday, which they lost 19-12.

Fotofili, 24, was suspended for four games, which meant he was not captain when  the Tongan 7s team defeated Japan 31-7 and France 33-10.

Tonga finished 13th in Hamilton.

Tongan Rugby 7s coach Tevita Tu’ifua said Fotofili would retain his leadership role this weekend.

“He’s still our captain here in Sydney,” Tu’ifua said.

“He’ll be missing the first two pool games and will join in in the last pool game for Saturday.

“Our main target is for (the World Series Qualifier in) Hong Kong.”

The main points

  • Despite being suspended after an on-field incident in Hamilton last Saturday, Tana Fotofili will lead Tonga in the Sydney Sevens this weekend.
  • Tonga will play South Africa on Saturday morning and Australia on Saturday afternoon.

For more information

Tonga 7s stick with suspended skipper for Sydney

https://www.radionz.co.nz/international/pacific-news/381359/sport-tonga-7s-stick-with-suspended-skipper-for-sydney

Pau‘uvale brothers cleared over iron pipe assault case

By
Kalino Latu
-

The three brothers in the serious bodily harm case of Dave Kanongata’a have been acquitted on all charges at Supreme Court in Nuku’alofa.

Chief Justice Owen Paulsen told Amoni, Tu’iano and Filipe Pau’uvale that they were not guilty of the charges and they were discharged accordingly.

It has been alleged in the indictment ‘Amoni  used an iron pipe, Tu’iano used a rock and Filipe used a piece of wood to inflict ‘wounds’ on Kanongata’a

The three accused entered pleas of not guilty and elected trial before a judge sitting alone without a jury.

Mr Paulsen heard testimony for three days from January 22-24 and decided to clear the brothers.

It was alleged that Kanongata’a had used a machete to hit ‘Amoni’s hand causing a deep laceration.

In a previous court case, Kanongata’a was acquitted on that charge.

Aside from this, however, Paulsen said he has not found a resolution of the case easy.

“Part of the reason is the failure of the Crown to call a number of witnesses who were present that night and were witnesses to the events.

“Also I am left in doubt as to whether prior to the wounding the accused as he had alleged, did in fact suffer an injury to the head from a steel bar carried at the time by the complainant, ‘Amoni Pau’uvale.

“The accused said in re-examination by his counsel, Mr. Tu’utafaiva, that he had taken a medical report to the police at the time it seems he lodged a complaint.

“The officer in charge was unable to confirm whether a complaint had been laid and nor did the Crown adduce evidence to refute that a medical report had been given to the police by the accused.”

Mr Paulsen said he was left in doubt whether Kanongata’a suffered a wound to his head.

Mr Paulsen also said he did not accept the evidence of Kanongata’a and his sister Sauni that the three accused jointly attacked Dave.

“The evidence satisfied me that Filipe, ‘Amoni and Solomone had gone to assist Tu’iano, who was fighting Semisi, and that only Filipe fought Dave and with his fists.”

“There were aspects of the accused’s evidence that I found surprising. For instance, Filipe said he did not see ‘Amoni with a pipe or Dave with the machete. “The judge said he found the Pau’uvales “to be generally credible witnesses.”

“ They said they had not been drinking that night and there was no challenge to this evidence. Their recollection of events was broadly consistent and in the main was plausible.

The prosecution case proceeded on a different basis than the indictments suggested would be the case in two respects.

“First, although the indictments allege that the three accused took part in a joint attack upon Dave and that each had used a certaln weapon (an iron pipe, timber or rock), at trial the prosecution evidence was that only the iron pipe was used on Dave. Also, the indictments allege the infliction of ‘wounds’ upon

“Dave (although this may be a typographical error) but at trial it was alleged that he suffered one wound to the head from being struck by the iron pipe wielded by ‘Amoni, albeit as part of a joint attack by all three accused.”

Lord Tu’ivakanō’s court case back in court

By
Kalino Latu
-

The king’s noble accused of committing passport offences, money laundering and bribery will be back in court after next month.

A Ministry of Justice spokesperson said,  Lord Tu’ivakanō’s arraignment is set for March 19.

The former Speaker and Prime Minister had been charged with 10 counts, including making a false statement for the purpose of obtaining a passport, perjury, acceptance of bribery and money laundering.

He was arrested on March 2018 shortly after Police Minister Māteni Tapueluelu had resigned citing disappointment over what he had described as lack of commitment in the way how authorities addressed allegations of corruption in the Ministry of Police.

“The case has been committed to the Supreme Court to be called on 19 March 2019 for arraignment,” the spokesperson said.

She said a trial date will be announced on that day.

The court case had been postponed repeatedly since the noble’s first appearance in court on March 2018.

The noble’s court case was expected to be heard on 9 August 2018 after it had been adjourned numerous times due to various filing of document needs and related matters 

‘Atonio Moeaki gets life imprisonment for brutal murder of dentist

By
Kalino Latu
-

‘Atonio Moeaki was on Monday sentenced to life imprisonment for the murder of a young dentist, Sione Feo Lau’i, outside a night club in Nuku’alofa in 2018.

Dr Feo Lau’i, 23, died in hospital on February 15, 2018, six days after he suffered from severe head injuries.

A seven-member-jury did unanimously agree to recommend the guilty verdict after Moeaki repeatedly struck Dr Feo Lau’i’s body with an aluminium baseball bat on February 9.

The court was told, Moeaki, 40, chased the victim down the road before brutally assaulting him following an argument outside Nauti Ruby nightclub. Moeaki was a bouncer at the bar.

Moeaki first pleaded not guilty to murder, manslaughter and wounding with intent to cause grievous bodily harm when he first appeared in court on September 2018.

As Kaniva news reported at the time, Dr. Feo Lau’i was a dentist at Vaiola dental care services after returning from the University of the South Pacific in December 2017.

The attack resembled that of the assault on a previous victim, the court was told. But that victim avoided being killed in 2016.

Moeaki was fined TP$200 and a one-year probation was imposed at the Magistrate’s Court for that offence.

1...542543544...962Page 543 of 962