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Homicide investigation after Tongan teen died falling from car in Wellington

By
Kalino Latu
-

A Tongan man who fell out of a moving car in Porirua has died and police said they were treating his death as a homicide.

Sosiua Helotu Ula, 19, was found with critical injuries after the incident on Warspite Ave just after 4pm on Sunday.

The Auckland resident was taken to Wellington Hospital, but died of his injuries on Tuesday night

“Just after 4pm on Sunday 7 October, Police and other emergency services attended a scene on Warspite Avenue, where a man was located on the road with critical injuries,” said Detective Senior Sergeant Christiaan Barnard.

Banard said Ula’s inquiries have established that he has fallen from a vehicle.

Wellington Police are still seeking the public’s help identifying anyone who may have witnessed this incident in Porirua on Sunday.

Ula was described as solidly built, around 185cm (6 foot) tall, with a short black hair cut.

He had a small amount of facial hair on his chin.

Police are seeking to reconstruct Ula’s movements before he sustained his fatal injuries, and are appealing to the public for help.

Police still wanting any sightings of a black Mercedes, registration GPW495.

Police would like to urgently speak to anyone who saw the Mercedes or any other car driving erratically near Waitangirua Mall that day.

Police are appealing for the driver of a red car driving east on Warspite Avenue that nearly had a head on crash with the Mercedes to come forward.

One person was taken into custody in relation to the incident and has been charged with driving while disqualified and supplying methamphetamine.

Anyone with information, no matter how small, can call Wellington Police Crime Squad on (04) 381 2000, or alternatively Crimestoppers on 0800 555 111.

Finance, Education Ministers deny PSA head’s accusation against them, saying it was evil-minded

By
Kalino Latu
-

The Minister of Finance Pōhiva Tu’i’onetoa and Minister of Education Penisimani Fifita have denied serious accusation against them which appeared in a recent petition to Parliament.

Hon. Tu’i’onetoa described the organiser of the petition’s intention as evil minded, while Hon. Fifita described it as incorrect and an attempt to mislead Parliament and the public.

The petition, which was organized by the PSA head Mele ‘Amanaki, alleged that Hon, Tu’i’onetoa breached the constitution by failing to submit to Parliament annual reports for all the ministries that came under his control from 2015 – 2017.

The Ministers came forward after the Speaker of the House allowed the petition to be aired in public without the seven cabinet members named being given the chance to tell their sides of the story.

Hon. Fifita has denied allegations in the petition that his move to give another two-year contract to international computer consultant Piveni Piukala was unlawful.

Hon. Fifita said the move was lawful and the cost of Piukala’s work was TP$93,000. He said a claim in the petition that the work cost TP$100,000 was incorrect.

He said the work was in accordance with the 2013 Education Act.

He said his Education Management Information System (EMIS) department had requested that their work systems be computerised to the same level Piukala achieved with the Education Department of Curriculums.

Hon. Tu’i’onetoa denied allegation in the petition that Hon. Fifita had compelled the Ministry of Finance’s Government Procurement Committee (GPC) to approve the job using the single source  selection process.

Annual ministerial reports

Hon. Tu’i’onetoa claimed not only he has filed and submitted all the annual reports for his Ministries since 2015 – 2017 he also has filed and submitted reports for these Ministries which had not been submitted by the Ministers before him since 2013.

He said he was now the Finance Minister for just seven month but he has filed and submitted to Parliament the Ministry’s annual reports for four years starting from 2013, 2014, 2015 and 2016.

He said the petitioners should have petitioned against those Ministers before him who did not file these annual reports.

No Contract with Piukala

The petition alleged there was a contract between Piukala and the Ministry of Education.

Hon. Tu’i’onetoa told Kaniva news there was no contractual agreement between the Ministry of Education and Piukala.

Hon. Tu’i’onetoa said Hon. Fifita and his CEO Claude Tupou asked that the job be approved using the single source selection process in March 2017. It had taken seven months before the Cabinet asked him to look at the issue when he was Acting Minister of Finance last year.

Tupou later withdrew his support for the single source selection process for Piukala after he alleged he had been warned by the Ministry of Finance’s Central Procurement Unit (CPU).

Hon. Tu’i’onetoa said the cabinet decision came after Hon. Fifita complained that the process of Piukala’s employment had taken too long.

Wrong advice

The Finance Minister said it took too long for the job to be approved because the Ministry of Education was wrongly advised by the CPU that it was illegal to approve the job using the single source selection process.

Hon. Tu’i’onetoa said section 34 of the regulations for government procurements allowed the process for Piukala because he fitted the requirement of the section.

He said the CPU did not seek advice from the Government’s Procurement Committee (GPC).

He said the Solicitor General was a member of the GPC and if the CPU had done the right thing by submitting the issue on Piukala’s application to the GPC they would have received the right advice.

Hon. Tu’i’onetoa said he called meetings to look at the issue and discovered the decision to give the work to Piukala had not been submitted to the GPC.

Petition was wrong

The Minister said the allegation in ‘Amanaki’s petition that the single source selection process could only be used if government expenditure was under TP$3,000 was wrong.

“There was no regulation like that for the government’s procurement policy 2015,” he said.

The correct advice should be that the single source selection process could be used if one of the conditions of Section 34 is fulfilled.

Hon. Tu’i’onetoa said the CPU spent three months providing incorrect advice about the single source selection process.

Competitive bidding cancelled

He said when the GPC became aware of the issue and advised that single sourcing of Piukala was lawful the government then cancelled the competitive bidding process it had started.

Hon. Tu’i’onetoa said the government has wasted time on the matter.

The Minister said he thought the process took a long time because the Educatiom CEO Claude Tupou and the Head of the CPU were unwilling to give the job to Piukala.

According to Kele’a newspaper, Tupou told Hon. Fifita he did not want to sign Piukala’s contract because he did not want to lose his job.

Hon. Tu’i’onetoa said there was nothing illegal in giving the job to Piukala, but according to minutes of meetings, the Ministry of Education and Ministry of Finance were warned to avoid involving political interests in the process.

Kaniva news had been told one of the minutes read: “We need to protect any political issues raised by this work. It has happened before.”

“My question is what are the political issues. Was there breach of any laws or it was just the hearts that were occupied by malice?” Hon. Tu’i’onetoa said.

‘Amanaki, who openly expressed her disappointment against Prime Minister ‘Akilisi Pōhiva and his government on Facebook after she was dumped by the PTOA party in the November snap election, has continued to campaign against the Prime Minister and the Party.

Her petition also asks that an audit be carried out on some government department’s budgets from 2015 until now.

For more information

Leaked e-mails appear to show fear lawyer’s unpaid debt could affect Tongasat case

https://kanivatonga.co.nz/2018/06/psa-boss-accuses-critics-of-signing-petition-using-swear-words-signatures-in-question/

Supreme Court finds breach of accused’s rights during questioning would prejudice trial

By
Philip Cass
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The Supreme Court has ordered that a written record of interview, written  statement  of  charge  form  and voluntary  statement be excluded from evidence in a rape case.

Lord Chief Justice Paulsen said the documents had been obtained in breach of Section 149 of the Tonga Police Act because the accused had not been properly advised that he could telephone or speak to a lawyer, friend of relative.

The judge described the accused, Filipo ‘Amanaki Lele Tu’ifa, as “unsophisticated” and said he might have responded differently during the questioning if he had had the benefit of advice from a friend or relative.

During questioning on November 17 last year, Constable Siale asked Tu’ifa if he wanted a lawyer present, but did not inform him of his full rights.

Tu’ifa had been charged with rape following a complaint made against him on November 13, 2017.

“There was a substantial, if  not a total, failure to observe the requirements of Section 149,” the judge said.

“The accused was not told that he had a right to telephone or speak to a friend or a relative. He was not told he could telephone a lawyer.

“Although he was asked if he wanted a lawyer he was not told he had a right to speak to a lawyer or how he might communicate with one if he did.”

Lord Chief Justie Paulsen said many people in Tonga charged with even the most serious criminal offences could not afford a lawyer.

“Even if told that they have the right to a lawyer they cannot possibly engage one,” he said.

“This is one reason why the requirement that an accused be told that he/ she may speak to a relative or friend, is so important.

“In many cases it will represent the only means by which an accused person may have any support and/or advice before being subjected to interrogation by the Police.”

A friend or relative might well be a person with some knowledge of an accused’s rights or might offer moral support to the accused.

Lord Chief Justice Paulsen said the breach of Section 149 had prejudiced the accused and must be excluded.

The main points

  • The Supreme Court has ordered that a confession in a rape case be excluded from evidence.
  • Lord Chief Justice Paulsen said the confession had been obtained in breach of Section 149 of the Tonga Police Act because the accused had not been properly advised that he could telephone ior speak to a lawyer, friend of relative.

Video: East Nuku‘alofa fire billows out dark smoke

By
Kalino Latu
-

Firefighters have been tackling a blaze at an east Nuku’alofa residence.

The house has burnt to ground, with no injuries.

The fire service was alerted to the Ma’ufanga blaze this afternoon.

Video of the fire shot by bystander Soana Angianga showed flames leaping from the house’s interior, billowing dark smoke across the sky.

Bystanders were overhead saying they have just been alerted to the blaze.

The fire is not being treated as suspicious and an investigator is now trying to determine the cause.

Fake rice scam uncovered in Solomon Islands

By
Kaniva Staff
-

SOLOMON STAR / PACNEWS – A counterfeit operation involving the repacking of poor quality rice into Solrais packs has been uncovered in the Western Province resulting in the arrest of shop owners.

The operation came to light after the SolRice management engaged undercover agents and the Seghe police to close down to the alleged counterfeit packing operation which has been operating from a store in Seghe, Marovo Lagoon.

The shop was alleged to have 19 cartons of counterfeit packaging and packing equipment ready to fool more consumers in the region into thinking they were eating Solrais, it was revealed.

“In fact, they were buying a poor quality substitute rice from Asia believing it to be Solrais which is an Australian rice of a much higher quality,” the report claimed.

The bags are clearly copies of the Solrais 1kg pack.

General Manager of SolRice Nick Ellis told the Solomon Star,”This is an unforgivable, fraudulent act which intentionally deceives our consumers and we will not allow this to happen.”

He said they will track down all counterfeit operations and will, with the assistance of the police prosecute the offenders to the limit of the law.

Ellis said SolRice is aware of other counterfeit operations and is building a case against each prior to working with the police to raid the stores and arrest those involved.

“Let the Seghe example be a warning to these unscrupulous retailers and importers, that we are aware of what you are doing and we will protect our brand and loyal consumers at all costs.

“We advise strongly that the counterfeiters, no matter where you are in the country, to cease this highly illegal trade immediately as we will close you down and ensure you face court and the full force of the law,” he said.

Kaniva Tonga news has a republication arrangement with PACNEWS

Scholarships available for research course at Auckland University next year

By
Philip Cass
-

Six scholarships are available for Pacific students to attend a five day course in social research course next year.

The course, run by the New Zealand Institute for Pacific Research and the New Zealand Social Statistics Network, will cover how to use qualitative and quantitative research method.

It will be held at the University of Auckland from February 25 to March 1.

To be eligible, applicants must be of Pacific heritage, and be undertaking either a stage three course or postgraduate study at the University of Auckland, AUT or the University of Otago.

Recipients must attend the course for the full five days and write a short blog outlining how they will use these skills to further their research expertise and careers.

There are four places for Auckland-based students and two places for Otago-based students.

The award for Otago students will also include return flights to Auckland and accommodation in Auckland as well as morning and evening meals.

Lunch is provided for all students who attend the course.

Interested students should download the application form the link below.

The main points

  • Six scholarships are available for Pacific students to attend a five day course in social research course next year.
  • The course, for postgraduate students, will be held at the University of Auckland from February 25 to March 1.

For more information

Application form

Tonga supports Oceania, major exhibition of Pacific art, at London and Paris galleries 

By
Philip Cass
-

Tongan passport holders will be able to enter a major exhibition of Pacific art in London for free.

Tongans, other Pacific Islands and New Zealand passport holders are being granted free access to the Oceania display at the Royal Academy of Arts.

Once inside they will be able to see about 200 works of Pacific art.

The Oceania exhibition  marks 250 years since James Cook’s voyage to the Pacific and includes pieces collected by the explorer during his voyages.

Tonga is a supporting partner of the Oceania exhibition and several Tongan items are on display.

The exhibition, which has been widely praised by the British press, will be open until December 10.

It will then move to Paris and re-open at the Musée du quai Branly-Jacques Chirac museum on March 12, 2019.

Dancers from the kingdom performed the Lakalaka at the opening ceremony.

During the opening, Tonga’s High Commissioner to the United Kingdom, Hon. Fane Tupouvava’u Tu’ivakanō met the Duchess of Sussex, Meghan Markle.

As Kaniva news reported recently, the Duchess and Prince Harry will visit Tonga later this month.

The royal couple will fly into Tonga from Fiji on October 25 and will be met by Her Royal Highness, Princess Angelika Lātūfuipeka.

They will then attend a private audience with King Tupou VI and Queen Nanasipauʻu followed by an official reception and dinner at Consular House.

The main points

  • Dancers from Tonga performed the Lakalaka at the opening of a major exhibition of Pacific art at the Royal Academy of Arts in London recently.
  • Tonga is a supporting partner of the exhibition.

For more information 

Royal Academy

Oceania, Royal Academy, review: an astonishing blast of a show  

One way section for Vaha’akolo Rd

By
Philip Cass
-

Vaha’akolo Road will become a one way road from the Tofoa Intersection from 7-9am on weekdays.

As part of the two lane, one way pilot programme, the speed limit in this section will be cut to 40kph.

The Ministry of Infrastructure is  implementing the project to avoid congestion on the way to town from Monday to Friday.

Land Transport staff have been talking to villages along Vaha’akolo Road.

The Koheleti community of Tofoa was the first to be visited.

The Chief Executive Officer of Infrastructure, Ringo Fa’oliu, said  the teams were seeking feedback from the public.

He said the Ministry was collaborating with police to ensure the safety of road users.

Supreme Court sends Kautoke case back to Tribunal for second time in six-year dispute

By
Philip Cass
-

The Supreme Court has ordered the Public Service Tribunal  to re-hear an appeal relating to the dismissal of former CEO of the Prime Minister’s Office, Busby Kautoke.

Lord Chief Justice Paulsen said he had very reluctantly decided to send the case, which has been the subject of protracted legal argument for six years, back to the Tribunal.

“This case has gone on far  too long  and this is now the second time that this Court has felt it necessary to set aside a decision  of  the Tribunal in relation to the same matter,” the judge said in a report released last Friday.

He made the order following an appeal by the Public Service Commission for a judicial review of a decision of the Public Service Tribunal April 18,  2017  allowing  Mr Kautoke’s appeal from the decision of the PSC terminating his employment as Chief Secretary and Secretary to Cabinet.

In that decision the Public Service Tribunal overturned Mr Kautoke’s dismissal August 2012.

As Kaniva news reported at the time, the Tribunal said the charges laid against Mr Kautoke were invalid and could not be used to terminate his contract under any provision of the Public Service Act 2002; any Public Service Regulations or  the Public Finance Management.

Last week’s judgement in the Supreme Court was the second action for judicial review between the same  parties.  The  first  action followed  an earlier decision by the Tribunal  of  March 21,  2013 allowing Mr. Kautoke’s appeal from the Public Service Commission’s decision to terminate his employment.

The PSC argued last week that the Tribunal had erred in five areas in its 2017 decision. The court ruled that the Tribunal had erred in five key areas.

Lord Chief Justice Paulsen found that one of these errors, namely that the tribunal had ignored evidence  and advice regarding the original charges against Mr Kautoke, was sufficient for him to send the matter back to the Tribunal.

“Mr. Kautoke’s appeal is referred back to  the  Tribunal  and  it  shall,  after  hearing from  the parties, re-determine  the appeal in accordance with  this  judgment,” he said.

The Public Service Commission saked Mr. Kautoke’s in 2012 on the grounds that he had failed to ensure that the Prime Minister’s Office (PMO) kept vouchers for payments made from public funds in order to allow for proper accounting records and for audit purposes.

From December 2008, the PMO was delegated responsibility for dealing with parts of the Constitutional and Electoral Reform Programme (CER) fund, donated by the Australian and New Zealand Governments. This was in addition to what was referred to as the PM’s office advanced account.

During the period of Mr. Kautoke’s  employment  various  audits  of  the PMO’s  accounts  were undertaken. The first audit report produced by the Auditor General in June 2011 concluded that  the PMO’s record keeping had been very poor  and  did  not  meet  accepted  legal standards.

Large sums of money were said to be unaccounted for, with no proper record of how money had been spent or whether it had been spent within guidelines. Subsequently a number of other audits were held, including one organised by the New Zealand High Commission. During these audits more vouchers and records were unearthed, but substantial sums of money were still unaccounted for. A subsequent investigation by the Public Service Commission auditor in March 2012 concluded that correct supporting documentation had still not been provided for 229 payments, the total value of which came to $796,432.10.

A final audit report was subsequently obtained from the Audit Office in May 2012. The Audit Office found that supporting documentation for 229 payments with a total value to $937,730.21 had still not been provided. The report also advised that the vast bulk of the payments had seemingly been categorised as being for salary, other benefits and travel, which breached a directive regarding the use of the PMO’s account.

The PSC decided to terminate Mr. Kautoke’s employment on August 8, 2012.

Lord Chief Justice Paulsen said in last week’s judgement that there was no suggestion that Mr. Kautoke misappropriated or misdirected funds. He said the Public Service Commission argued that that there had been significant omissions in the keeping of proper records and the subsequent “fall-out” from them occurred under Mr. Kautoke’s watch and that he must bear the ultimate responsibility.

The judge said the “fall out” referred to by the PSC  was that the Tongan Government had been  embarrassed by having to repay $212,196.40 to the New Zealand and Australian Governments from money  donated  to Tonga’s Constitutional and Electoral Reform Programme project.

The main points

  • The Supreme Court has ordered the Public Service Tribunal to re-hear an appeal relating to the dismissal of former CEO of the Prime Minister’s Office, Busby Kautoke.
  • Lord Chief Justice Paulsen said he had very reluctantly decided to send the case, which has been the subject of protracted legal argument for six years, back to the Tribunal.
  • “This case has gone on far too long  and this is now the second time that this Court has felt it necessary to set aside a decision  of  the Tribunal in relation to the same matter,” the judge said.

For more information 

Tribunal overturns Cabinet Secretary’s dismissal; orders PSC to pay court costs

Tonga elected as Vice President of the International Solar Alliance

By
Kaniva Staff
-

Press Release

Tonga was elected Vice President of the International Solar Alliance (ISA) representing the Asia Pacific regions at its first General Assembly, which was held in New Delhi, India from the 1st-3rd October, 2018.

This is the recognition of Tonga’s effort in promoting renewable energy and energy efficiency in the region, and its early ratification of ISA. Tonga is also hosting the region’s Pacific Centre of Renewable Energy and Energy Efficiency (PCREEE).

Tonga’s Energy Minister, Hon. Poasi M. Tei said, “Tonga will be holding the ISA Vice President position for a two-year term. This is a significant position held by Tonga in one of the newest and largest international solar organisation in the world.”

Led by Tonga’s Energy Minister, Hon. Poasi M. Tei, accompanied by Dr. Tevita Tukunga and Mr. ‘Ofa Sefana of the Department of Energy (MEIDECC), the Tongan delegation was able to join 120 countries, and over 275 speakers and global energy leaders deliberating on the roadmap for a new energy future.

ISA seeks to serve solar technology deployment requirements of the solar resource rich member countries located between the Tropic of Cancer and Tropic of Capricorn. Most of these countries are geographically located for optimal absorption of the sun’s rays.

Tonga’s Energy Department, through its National Focal Point, the CEO for the Ministry of MEIDECC, Mr. Paula Pouvalu Ma’u has officially lodged multimillions worth of solar projects to the ISA for funding.

The proposed projects will bring a total 3.23MWp solar technology capacity to the Kingdom, which will be focussing  mostly on outer-islands’ full service household electrification, and providing power energy to agricultural, tourism and water supply sectors, as well as capacity development.

MEIDECC is expected to increase its proposed project cost to cater for on-grid electrification with additional battery energy storage system.

In inaugurating of the assembly, the Indian Prime Minister, Hon. Narendra Modi said, “The ISA will play the role of OPEC in the future. The role played by oil wells today will be taken over by the sun rays. ISA will meet the energy requirement of the world in the years to come.”

He said that the nature is now indicating the options such as solar, wind and water, offer more sustainable energy solutions.

UN Secretary General Antonio Guterres said, “Climate Change is an existential threat to all of us. The solution is act now to reduce gas emission and this ISA represents exactly what needs to be don e and represents the future.”

“I applaud your goal of mobilizing $1 trillion dollars towards the deployment of 1,000 gigawatts of solar energy by 2030.”

Mr. Guterres said that it is clear that we are witnessing a global renewable energy revolution, and solar energy is at the centre of this revolution.

The ISA’s Interim Director General, Mr. Upendra Tripathy was also elected as the 1st Secretary General of the assembly.

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