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Tongatapu alleged drunken taxi driver acquitted of rape

By
Kalino Latu
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A taxi driver in Tongatapu has been cleared of sexually assaulting a female passenger while locking her in his car.

A Supreme Court judge found Manase Fuavao not guilty of sexually assaulting the 27-year-old woman who was only known as Leavai on 19 October 2017 at Tokomololo.

The court heard the woman had rung Hufanga Taxi after her night shift at the Retirement Fund building at Mateialona Road in Nuku’alofa and asked to be taken to her home at Houma.

But prosecutors claimed the driver had first taken her to a bush allotment in Tokomololo instead.

While they were driving, the court heard Fuavao told the woman “he felt sexy and wanted to have sex with her.”

The woman claimed she rejected his requests.

The woman told the court she could smell alcohol on Fuavao’s breath. She said she asked him if he was drunk and he said yes and that he had been drinking since daylight up to when she rang for the taxi.

The woman claimed that she was crying while Fuavao was allegedly raping her for about half an hour.

After the ordeal she said that they then left and took her to her home.

When she got off the taxi, she gave him $10.00 but he gave it back to her and said it was alright.

After he left she contacted the Nukunuku police and made the complaint.

Fuavao had a different story and had maintained throughout the trial that he had consensual intercourse with the complainant.

He said that he did not force the woman and he believed that she consented to having sexual intercourse with him. He said he was surprised after he found out that she had lodged the complaint.

In his ruling Judge Laki Niu said: “Having come to the views I have taken in respect of those matters of the evidence (the facts), I cannot help but find that I cannot rely upon the evidence of the complainant that she was raped by the accused, as the prosecution has alleged against the accused.

“No other evidence supports her evidence. I therefore have a reasonable doubt that she was raped by the accused, that is, that he had sexual intercourse with her without her consent or that he was reckless as to whether she consented to it or not.

“Accordingly, I find and I order that the accused is not guilty of the charge of rape of the complainant in this trial and he is forthwith discharged thereof.”

Supreme Court overturns ruling in dispute between gov’t and Pacific Games workers

By
Philip Cass
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The Supreme Court has overturned a ruling against the government in a case involving the Pacific Games Organising Committee.

The Committee was established under the Pacific Games Organization Act to conduct the  2019 Pacific Games in Tonga.

On May 17, 2017,  the Government of Tonga decided to withdraw from hosting the Games.

On July 27 of that year the Committee decided to wind up its affairs and agreed to terms upon which its employees would be terminated. In each case the Committee accepted a contractual liability to pay them for the early termination of their contracts.

In September 2017, the plaintiffs’ Counsel wrote to the Minister of Finance giving notice that the Government was responsible for payment of the employment contracts.

On January 9 this year the plaintiffs began proceedings to recover their money from the Committee and from the Kingdom.

No statement of defence was filed by the Kingdom and on the plaintiffs’ application judgment in default of defence as to liability was entered against the Kingdom on August 2, 2018.

The Kingdom applied for the default judgment to be set aside on August 22 this year.

The Kingdom argued that there was good reason for its failure to file a defence, as the parties’ preference was to reach a negotiated settlement.

Following negotiations between the two parties, the government received an undertaking that if no settlement was reached the Kingdom would be given time to file  its defence. I

In his summing up of the case, Lord Chief Justice Paulsen said it was the Kingdom’s case that the plaintiffs attempted to ‘steal a march’ by applying for judgment by default.

Lord Chief Justice Paulsen said the plaintiffs argued that the Kingdom had been granted extensions of time to file its defence, which was considerably  overdue  and  the  ‘undertaking’  did not  grant the Kingdom ‘unlimited time’ to file a defence.

When the government failed to respond  to the settlement offer, the plaintiffs contend, they were entitled to apply for judgment by default without giving further notice.

“The Kingdom was overdue in filing its defence and it would have been prudent to have done so,” the judge said.

The judge said he accepted that when he applied for judgment on the plaintiffs’  behalf, their lawyer  was not breaching his undertaking, at least according to its terms, if not its spirit.

“It was known that the government intended to file a defence if there was no settlement,” the judge said.

Against the background of the extensions of time that had been given, the undertaking,  the  unfinished settlement negotiations and discussions that had occurred, it was understandable that the government considered there was no need for him to file the Kingdom’s  defence.

“The Kingdom’s applications are successful. The judgments in default  of  defence obtained by the plaintiffs are set aside.”

The main points

  • The Supreme Court has overturned a ruling against the government in a case involving the Pacific Games Organising Committee.
  • The Committee was established under the Pacific Games Organization Act to conduct the  2019  Pacific  Games  in Tonga.

Multiple stabbings, man shot in Melbourne CBD

By
Kaniva Staff
-

by Stephen Drill, Aneeka Simonis, Charis Chang, www.themorningbulletin.com.au

UPDATE: A MAN has been shot by police after setting a car on fire and allegedly stabbing a number of people in Melbourne’s Bourke St.

Police have confirmed they responded to reports of a car on fire near the corner of Swanston St about 4.20pm.

In a statement police said a man was arrested at the scene and has been taken to hospital in critical condition. He is under police guard.

The Age is reporting the man was shot by police.

“A small number of people are being treated for stab wounds,” the statement said.

The exact circumstances are yet to be determined at this stage.

Melbourne resident Meegan May told news.com.au she was on a tram on Bourke St heading into the city when it stopped just before Elizabeth St about a block before the mall. She heard someone start screaming “he’s got a knife”.

She looked through the back window of the tram and noticed a car on fire. There was a man and two police officers trying to calm him down.

“A moment later, I heard a loud bang, to me it sounded like a gunshot,” she said.

EARLIER: A SERIES of explosions have been heard near Bourke Street this afternoon as police lock down the city.

Businesses are currently shut near the incident, with police telling people to stay inside.

Neapoli Cafe in Russell Place has been closed, with staff remaining there and waiting for further instructions from police.

Sam, from the cafe, said: “There was just a lot of bangs. There’s only staff here, police told us to stay.”

Another person nearby said there was four loud explosions heard earlier this afternoon, which may have been linked to a ute nearby.

Some fled the area fearing there may be further explosions.

A bystander in Bourke St said that a car had burst into flames.

“There was a guy stabbed and there was a car explosion in Bourke Street,” he said.

“It was near JB Hi Fi, near the corner of Russell Place.”

Police cordon off Bourke St after a car explosion. Picture: Aneeka Simonis
Police cordon off Bourke St after a car explosion. Picture: Aneeka Simonis
Police at the scene in the Bourke St Mall. Picture: @gemmacaf/Twitter
Police at the scene in the Bourke St Mall. Picture: @gemmacaf/Twitter
Onlookers near the corner of Swanston and Bourke streets. Picture: Josh Fagan
Onlookers near the corner of Swanston and Bourke streets. Picture: Josh Fagan
Bourke St is blocked off .
Bourke St is blocked off .

The bystander said that other people had run and hid.

“They ran into a cafe and locked themselves in a kitchen,” he said.

A police statement said: “Police are aware of an incident in the vicinity of Bourke Street. Police are asking for members of the public to avoid the area. We will provide information as it comes to hand.”

Wellington murder charge laid in relation to death of Sosiua Helotu Ula

By
Kalino Latu
-

A 31-year-old Porirua man has been charged with murder following the death of Tongan man Sosiua Helotu Ula after an incident in Wellington.

He appeared by an audio visual link from Rimutaka Prison in the Porirua District Court on Friday.

He received continued interim name suppression and was remanded in custody to next appear in the Wellington High Court on 3 December 2018, Detective Senior Sergeant Christiaan Barnard said.

Two other defendants, aged 28 and 38 years, have been remanded on bail to appear in the Wellington High Court on 16 January 2018.

They were both also have continued interim name suppression.

Police have previously said that Ula, 19, was found with critical injuries after falling from a Mercedes on Porirua’s Warspite Ave on Sunday, October 7.

The trio had appearances scheduled in the Wellington District Court for charges of conspiracy to supply methamphetamine.

Additional charges of possession of methamphetamine for the purpose of supply have been laid against them.

“The detectives investigating the death of Mr Ula have worked tirelessly to bring the matter to this point,” Barnard said.

“We could not have done this without the assistance of the local residents of Ascot Park, Waitangirua, and Whitby.

“While this type of incident is rare, I would like to thank and reassure local residents that Police will continue to work with them to reduce the incidence of serious crime in the community.”

Armed forces and police take to streets together for tsunami drill in Nuku‘alofa

By
Kalino Latu
-

Tongan police and army have been working together in Nuku’alofa today on a tsunami drill.

Earlier reports suggested the army was helping police patrol the capital’s central business district.

However, a police spokesperson said late today the photograph of soldiers and police on the streets that has been widely circulated, showed members of the two services were  engaged in a tsunami drill.

Kaniva news is happy to clarify the situation.

The army does not have the authority to become involved in domestic duties unless a state of emergency has been declared.

The National Emergency Management Office and other Ministries conducted a tsunami drill today.

NEMO said members of His Majesty’s Armed Forces (HMAF), Ministry of Police and Tonga Fire Department patrolled the streets to ensure public safety.

An alert for a 9.0 Richter scale earthquake was broadcast on radio at 12:30pm.

While schools and businesses were not evacuated, people were urged to gather at their respective assembly areas once the exercise started.

People not taking part in the drill were invited to observe local Government primary schools.

If a natural disaster strikes and a state of emergency is declared, both forces will be authorised to carry out emergency duty.

After Cyclone Gita in February hundreds of military personnel helped clear roads.

The main points

  • Tongan police and army have been working together in Nuku’alofa today on a tsunami drill.
  • Earlier reports suggested the army was helping police patrol the capital’s central business district.
  • Kaniva news is happy to clarify the situation.

For more information 

NEMO leads National Tsunami Drill

Tongan man appears in court in Australia after Kaufusi’s death

By
Kalino Latu
-

A Tongan man reportedly appeared in a court in Western Australia after the death of another Tongan man.

Siosifa Kaufusi who is believed to be in his 20s died on November 1 in Carnarvon.

‘Ēpalahame Maama Tāufa has appeared in court this week and it is understood he is scheduled to reappear before a judge on November 19.

A member of a small Tongan community in Carnarvon, Joanna V Matangi said on a video a fundraising had been organised to help bring back Kaufusi’s body to his family in Tonga.

In one of the latest videos shared on Facebook this week by Matangi she said the fundraising has been successful.

She thanked Tongan and Australian sponsors for their helps.

It is understood the deceased was in Australia to join Tongan Seasonal Workers.

Matangi claimed Kaufusi’s contract with his Seasonal Worker employer was expired before he died.

Five players set for ‘Ikale Tahi debut

By
Kaniva Staff
-

This story by RNZ PACIFIC appears on PACNEWS. Kaniva News has a content sharing arrangement with PACNEWS 

RNZ PACIFIC – Ospreys prop Ma’afu Fia and Hawkes Bay lock Sam Ulufonua will make their international rugby debut this weekend after being named to start for Tonga against the French Barbarians.

Wellington prop Tolu Fahamokioa, Bay of Plenty flanker Zane Kapeli and Taranaki wing Latu Vaeno are also poised to make their first appearance for the ‘Ikale Tahi off the bench in Bordeaux, France.

34-test stalwart Siale Piutau will captain the Kingdom from second five, alongside 35 year old Grenoble centre Alaska Taufa, who earned the last of his 12 test caps four and a half years ago.

Another Grenoble regular Daniel Kilioni will line up on the left wing in his first appearence for the ‘Ikale Tahi in two year.

Meanwhile 42 test veteran Vunga Lilo, who along with Kapeli were not named in the original tour squad, will start at fullback, having last played for the Tonga at the 2015 Rugby World Cup.

Tonga are using the French Baabaas clash in Bordeaux, France to prepare for tests against Wales and Georgia.

Tonga team vs French Barbarians:

  1. Siegfried Fisi’ihoi, 2. Paula Ngauamo, 3. Ma’afu Fia*, 4. Sam Ulufonua*, 5. Leva Fifita, 6. Dan Faleafa, 7. Fotu Lokotui, 8. Sione Vailanu, 9. Sonatane Takulua, 10. Kurt Morath, 11. Daniel Kilioni, 12. Siale Piutau (c), 13. Alaska Taufa, 14. Viliami Lolohea, 15. Vunga Lilo.

Reserves: 16. Sefo Sakalia, 17. ‘Otutolu Fahamokioa*, 18. Ben Tameifuna, 19. Valentino Mapapalangi, 20. Zane Kapeli*, 21. Leon Fukofuka, 22. Latiume Fosita, 23. Latu Vaeno

Boy who couldn’t afford shoes takes successful recycling business back to Tonga

By
Philip Cass
-

Success is like owning a brand new pair of shoes.

That was the message Tongan businessman Saia Latu told this year’s Tonga National Day Celebration in Auckland.

Latu was one of the guest speakers at the event, which was organised by the New Zealand Tonga Business Council and Auckland Council.

Latu is Managing Director of Te Riu O Waikato (TROW) Group.

He won the Business Council’s ‘Business Executive’ award in 2017, two years after the TROW Group was formed.

He left school when he was 14 because his parents could not afford to keep him there.

Nor could he afford shoes.

“My first job was pushing trolleys at the Auckland domestic airport, and I remember when I’d see people coming in and out of the terminals the first thing I’d notice were their shoes,” Latu said.

“I couldn’t afford shoes back then and had to wear my cousin’s.

“So when I’m asked what success is, I say success is like owning a brand new pair of shoes.”

He eventually moved into the machinery hire and civil infrastructure industry where he spent 15 years, building on the contacts and knowledge he had gained.

“I fought hard for every opportunity I was given because there are millions out there like me,” he recalls.

Eventually Latu formed the TROW Group, which salvages and recycles material from building sites for use in schools, community centres and churches.

It manages million-dollar projects across the Auckland and Waikato region.

In conjunction with contracts from the Auckland Council, the TROW Group has been able to provide furniture and materials to schools, communities and churches in Tonga.

The group has established a company in Tonga to help distribute and store materials.

Latu said he wanted to duplicate the model in other Pacific islands.

The main points

  • Success if like owning a brand new pair of shoes.
  • That was the message Tongan businessman Saia Latu told this year’s Tonga National Day Celebration in Auckland.
  • Latu is Managing Director of Te Riu O Waikato (TROW) Group.

For more information 

A million ways to salvage

TROW Group

Migrant fruit and vegetable workers suffer from wage theft says new Australian report

By
Philip Cass
-

Migrant workers in Australia are among the worst paid in the country, according to a new report, Wage Theft in Australia.

It said almost a third of migrant workers were paid half the casual minimum wage at $12 an hour or less.

The report found conditions were worst in jobs such as fruit and vegetable-picking and farm work.

About 15% of those workers earned $5 an hour or less, while a third earned $10 an hour or less.

The report said the scale of unclaimed wages was likely to be worth more than a billion dollars.

Last year the Australian Broadcasting Corporation reported that three Tongan workers on the  Seasonal Workers Programme had died and others were being forced to live and work gruelling hours.

In 2016 complaints about the way the programme was being run in Queensland led to the formation of Tongan support group.

The group’s president, Falepaini Maile, said Tongan workers were enduring appalling conditions in North Queensland.

She said one man, Paulo Kivalu, died at Bowen in 2016 from overwork, lack of food and medical care in the past 12 months.

Maile said the labour hire contractor had not paid Kivalu’s superannuation contributions for two years, leaving his widow and her two young girls in Tonga with just $1,360.

The labour hire firm paid the money only after he died.

Maile said Tongan workers were  living in unventilated shipping containers and cramped caravans in Childers and Bowen in Queensland.

The Guardian reported on the death of Tongan fruit picker Sione Fifita, who died after falling ill in the hostel. The paper said he  was left for eight days without medical care in this caravan park.

The ABC found Fijian and Tongan workers picking fruit in Victoria for as little as $9 a week after deductions  for accommodation, flights, visas, bedding, food and gloves  were taken from their pay.

The main points

  • Migrant workers in Australia are among the worst paid in the country, according to a new report, Wage Theft in Australia.
  • It said almost a third of migrant workers were paid half the casual minimum wage at $12 an hour or less.
  • The report found conditions were worst in jobs such as fruit and vegetable-picking and farm work.

For more information

A third of Australian migrant workers are paid less than half minimum wage

How labour hire villains make millions from Australia’s ‘modern slavery’ market

Hungry, poor, exploited: alarm over Australia’s import of farm workers

Tonga takes home body building gold

By
Kaniva Staff
-

COOK ISLANDS NEWS / PACNEWS-Manase Afuhaamango from Tonga claimed the gold medal in the overall 100 kg category of the International Federation of Body Building’s South Pacific competition at the National Auditorium last Saturday.

He competed against John Lamoa (Samoa), the only other contestant in the class.

International Federation of Body Building IFBB Cook Islands president Joe Daniel says the IFBB South Pacific Oceania competition is up to international standards.

However, unfortunately, empty seats greeted competitors at the auditorium, with only a few present to witness the event.

The Cook Islands was represented by Tony Williams (Vaipae, Aitutaki) based in Auckland who competed in the Men’s Under 90 kg, and Tarita Iotua (Mangaia) also based in Auckland who won her category in the Women’s Physique Over 55 kg category.

The overall winners of the main categories, winning gold, were: Men’s Body Builder, Manase Afuhaamango (Tonga); Men’s Physique, Adam Feis, (Australia); Women’s Bikini, Temoemoe Faremiro (Tahiti); Women’s Physique, Glenda Jirard (New Caledonia).

IFBB representative Mark Stewart said the contestants were “in great shape”.

About 40 body building contenders from the Cook Islands, New Caledonia, Tahiti, Samoa, American Samoa, New Zealand, Australia and Tonga participated in the various class weights at the National Auditorium.

Next year’s IFBB South Pacific competition will be hosted in Tahiti.

Kaniva news has a republication rearrangement with PACNEWS

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