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Results of police failure to follow rules in drug case a timely warning for Tonga, says judge

By
Philip Cass
-

A senior judge has warned that Tonga needs to modify its rules on the use of scientific evidence if it is to fight the sale of methamphetamine successfully.

He said the need for change was urgent and that cases could be lost if laws regarding scientific evidence were not amended.

The Hon Justice Cato made his remarks while discharging a prisoner who had been charged with possession of a small amount of the drug.

(As Kaniva reported at the time, Tevita Soakai and Maʻati Lino were arrested in Kolomotuʻa on May 17 last year with a total of 3.86 grams of methamphetamine. Lino was found in possession of 40 grams of the drug.)

Because the police did not follow the rules regarding the production of a certificate attesting that scientific analysis had clearly identified the substance found by police to be the drug, the judge released the accused, Ma’ati Voni Lino.

Under the rules such a certificate has to be served on the accused at least 28 days  before the certificate is used in court as evidence.

The accused was also supposed to notify the prosecution at least 21 days before the hearing that they required the person who made the analysis to be called by the prosecution as a witness.

Because no such letter was served, the prosecution could not rely on the certificate and the case was dismissed.

“This is a timely warning for Tonga,” Hon. Justice Cato said.

“Methamphetamine is becoming more popular in Tonga and prosecutions are becoming more common for this kind of drug.

“It has had devastating consequences for other countries where it has proved to be  difficult to control and even more to eradicate, but has  only  recently acquired a noticeable presence in Tonga.

“The practical reality for Tonga is that it will be extremely expensive and sometimes difficult to require an analyst  to  come  to  Tonga  to give evidence  where a defendant  does give notice that the analyst is required. Attendance of an overseas analyst can only be voluntary.

“It may as a consequence of this decision become routine to require the analyst to give evidence  because  it  will  be  known that a failure to call the analyst where  notice  is  given  will inevitably mean that the prosecution fails.

“This may have very serious consequences for law enforcement and the welfare of Tongans if it results in the failure to obtain convictions in drug cases of this kind.”

Hon Justice Cato said while the amount of drug involved in the Lino case was very small, the consequences would be far more serious in cases of large scale importations, or manufacturing or supply  cases.

The judge said that he had never seen an accredited analyst successfully challenged as to the identity of a drug.

“In my view, so long as the laboratory is a properly accredited laboratory for the substance  in  issue  (and this should be covered in the analyst’s certificate), the results should be regarded as conclusive on the identity of the drug and the need to call the analyst can be safely dispensed with,” he said.

As an alternative, the certificate could be admitted without  any  need  to  call  the analyst as prima facie evidence of the  identity  of  the  drug, having been served as part of the prosecution case at committal.

Before the defence could dispute the identity of the drug an analyst’s certificate to the contrary should be served on the prosecution no later than a month before trial. This would give the prosecution the opportunity to  decide  whether  it  should require its analyst to be present to give evidence, or risk the prosecution failing.

This proposal would have the desired effect  of requiring the prosecution to call expert evidence on  the  identity  of  the drug only where a plausible case has been raised by the defence.

“In my view, legislation is urgently required in Tonga to accommodate  the position of analyst evidence of drug identity   or  else more prosecutions for illicit drugs in Tonga may be in jeopardy.”

The main points

  • A senior judge has warned that Tonga needs to tighten its rules on the use of scientific evidence if it is to fight the sale of methamphetamine successfully.
  • The Hon. Justice Cato made his remarks while discharging a prisoner who had been charged with possession of a small amount of the drug.
  • Because the police did not follow the rules regarding the production of a certificate attesting that scientific analysis had clearly identified the substance found by police to be the drug, the judge released the accused, Ma’ati Voni Lino.

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Police release names of men arrested for meth possession

 

Police hunt Maryanne Mafi wanted on arrests warrants in Auckland

By
Kalino Latu
-

Counties Manukau Police are seeking your help to locate 42-year-old Maryanne Mafi, who has 17 warrants to arrest in relation to dishonesty offending.

She also goes by a number of aliases including Chandrika Otufangavalu. Mafi will also use other alias names on Trade Me where our enquiries have found she tries to win auctions using valueless cheques.

Mafi is described as solid build and 166cms tall. She has a scar on her forehead and right cheek and can also be identified by a cross tattoo on the back of her left hand.

Mafi has been in the Counties Manukau area but has also been linked to the North Shore/Albany and Huntly.

Police believe she is actively avoiding Police and we urge anyone who has seen Maryanne Mafi or has any information about her whereabouts to contact Detective Brendon Pearson on 021 191 2073.

You can also contact Crimestoppers anonymously on 0800 555 111 or send us a private Facebook message.

Tu’akoi accepts deal, admits to raping 17-year-old girl

By
Kaniva Staff
-

A Tongan man in Natrona, United States admitted Tuesday to raping a 17-year-old girl and could face up to 30 years in prison.

Viliami Tuakoi, 59, pleaded guilty in Natrona County District Court to a single count of first-degree sexual abuse of a minor as part of a deal with prosecutors. He will be subject to deportation after he serves his sentence.

Prosecutors had initially accused Tuakoi of raping the young woman at least five times and he faced three felony counts of first-degree sexual abuse of a minor. Each count carried a penalty of up to 50 years in prison. He pleaded not guilty to those charges in May.

Under the conditions of the plea agreement described Tuesday in court, prosecutors dropped two of the three felony charges and will argue for a maximum of 30 years imprisonment at sentencing.

Tuakoi has been a legal resident of the United States since 1979. A Tongan translator participated in the hearing by phone.

Tuakoi hesitated to proceed with the plea deal after the judge listed the rights Tuakoi was surrendering by dropping his not-guilty plea: a trial, the presumption of innocence, and the ability to appeal. He asked for more time, which his lawyer, public defender Dylan Rosalez, explained meant days, not minutes.

Rosalez also explained that the state’s deal had come with a time limit and Rosalez said he had explained that to Tuakoi. Tuakoi had initially wanted to hold out in hopes of a better offer.

“He wants more time to think about it, but when I did the change of plea it was on the understanding that the state had a deadline,” Rosalez told the judge.

Assistant District Attorney Kevin Taheri said that if there was a continuance, he could not guarantee that the plea deal — dropping two of the felony charges and capping prison time at 30 years — would remain on the table.

“The decision is yours,” District Court Judge Thomas Sullins told Tuakoi. “You need to make that decision at this time.”

Tuakoi was silent.

“What is your decision, sir?” Sullins asked.

Tuakoi pleaded guilty.

When asked to admit for the record that he had raped the young woman in January of 2017, as stated in the felony charge, Tuakoi corrected the judge through his translator, saying the rape he was admitting to happened in April of last year.

According to heavily redacted court reports, Tuakoi held the girl down on at least one occasion, moving her from the bed to the floor so that other people in the house would not hear the assault. The girl told investigators that she had tried to make noise so that someone would come in and stop the rape.

Tuakoi faces deportation after he serves his time. His wife and three adult children live in Natrona County.

Tuakoi’s lawyer requested that the bond be reduced to $10,000, given that the Tuakoi children, aged 23, 27 and 34, require home health care and his prior criminal history is minimal — a theft case in the early ‘90s.

The judge denied that request. Bond remained at $50,000.

–Star Tribune

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Viliami Tuakoi denies forcibly raping 17-year-old girl in US

Supreme Court issues declaration on legal status of main points in Tongasat case

By
Philip Cass
-

The Supreme Court has issued a declaration regarding the long running legal battle over the Tongan government’s payment to Tongasat of millions of dollars of Chinese money.

As Kaniva Tonga reported last month, the Supreme Court ruled in favour of ‘Akilisi Pohiva and the Public Service Association who had fought a five year battle against Tongasat over what it claimed were illegal payments to the company.

The Supreme Court ruled that the payment of the money to tens of  millions of dollars of Chinese money to Princess Pilolevu’s satellite company was illegal.

Lord Chief Justice Paulsen has now issued a declaration on the legal status of the  main points of the claims made in the court case.

The judge said a declaratory judgment was a formal  statement  by  a court  pronouncing  upon the existence or non-existence of a legal state of affairs.

He said the remedy of a declaration of rights was ordinarily granted as final relief in a proceeding. It was intended to state the rights of the parties with respect to a particular matter with precision and in a binding way.

Lord Chief Justice Paulsen declared his agreement with the following points raised by Dr Rodney Harrison, QC, on behalf of the Public service association and ‘Akilisi Pohiva:

“The first tranche payment of US$24.45 million in aid  grant funds  received by the first defendant (the Kingdom) from  the People’s Republic of China on  September 4, 2008 (the first tranche payment) was a ‘grant’ and accordingly ‘public money’ within the  meaning  of  the Public  Finance  Management  Act,” the judge said.

“Following its receipt by the Kingdom, US$20,985,667 of the first tranche payment was paid to or for the benefit of Tongasat pursuant to a purported agreement between the then Prime Minister of Tonga, Dr Feleti Sevele  and Tongasat.

“The payment of US$20,985,667 of the first tranche payment to or for the benefit of Tongasat was expended in breach of section 9 of the PFMA and accordingly unlawful and invalid.

“To the extent that the first tranche payment was expended to satisfy pre-existing liabilities of Tongasat that expenditure was in breach of section 30 of the PFMA and accordingly unlawful and invalid.

“The purported agreement between the then Prime Minister and Tongasat  was in breach  of the PFMA and  in excess of  Dr Sevele’s lawful powers and authority as Prime Minister and accordingly unlawful  and invalid.

“Tongasat was not entitled to payment of the first tranche payment or any part thereof under either the Agency Agreement or the Agency Termination Agreement.

“The second tranche payment of US$25.450 million in aid grant funds received by the Kingdom from the People’s Republic of China on June 9, 2011 (the second tranche payment) was a ‘grant’ and accordingly ‘public money’ within the meaning of the PFMA.

“Following its receipt by the Kingdom, the second tranche payment was paid in its entirety to or for the benefit of Tongasat pursuant to a purported agreement between the then Prime Minister of Tonga, Dr Feleti Sevele and Tongasat.

“The payment of the second tranche payment in its entirety to or for the benefit of Tongasat was expended in breach of section 9 of the PFMA and accordingly unlawful and invalid.

“To the extent that the first tranche payment was expended to satisfy pre-existing liabilities of Tongasat that expenditure was in breach of section 30 of the PFMA and accordingly unlawful and invalid.

“The purported agreement between the then Prime Minister and Tongasat  referred to in para 8 above was both in breach of the PFMA  and  in excess of  Dr Sevele’ s lawful powers and authority as Prime Minister and accordingly unlawful and invalid.

“Tongasat was not entitled to payment of the second tranche payment or any part thereof under either the Agency Agreement or the Agency Termination Agreement.”

The main points

  • The Supreme Court has issued a declaration regarding the long running legal battle over the Tongan government’s payment to Tongasat of millions of dollars of Chinese money.
  • As Kaniva Tonga reported last month, the Supreme Court ruled in favour of ‘Akilisi Pohiva and the Public Service Association which had fought a five year battle against Tongasat over what it claimed were illegal payments to the company.
  • The Supreme Court ruled that the payment of the money to tens of millions of dollars of Chinese money to Princess Pilolevu’s satellite company was illegal.

For more information

Tongasat case “of national importance” says judge as he declares payments were illegal

Two injured after shots fired at Tongatapu gas stations, four male and female suspects arrested

By
Kalino Latu
-

Police have arrested two male and female suspects after gun shots were fired during two separate armed robberies in two different gas stations this morning in Tongatapu.

An attendant at Luna Eva gas station in Veitongo was still in hospital in a stable condition after he received multiple gun shot wounds, Police said.

A security guard at the Konifelenisi gas station in Fanga received an injury to his left arm. He was medically treated at Vaiola hospital before he was released.

Police said both shootings had been conducted by the same suspect.

Police said that at around 3am, a masked man approached the Konifelenisi Gas Station at Fanga, and open fired into the building.

The man, armed with a .22 semi-automatic rifle, demanded cash before fleeing the scene in a stolen vehicle that was parked at the station.

At around 4am the same masked man approached the Luna’eva Gas Station in Veitongo.

He was armed with the same rifle, demanded cash from the 31-year-old male station attendant.

During this incident the suspect and the station attendant got into a fight where the suspect shot the station attendant four times, before fleeing the scene leaving behind the firearm as well as his disguise.

Police arrested all four suspects from Sopu an hour later and have secured the firearm used in these crime.

Police Investigation continues.

Mate Ma‘a Tonga matches against Kangaroos and Kiwis announced

By
Kalino Latu
-

Tonga will face the Australian national rugby league team in Auckland it has been confirmed tonight, with a showdown against the Kiwis next year also expected to be announced.

The NRL CEO Todd Greenberg said in a statement on Tuesday night confirming the match that the Australian Kangaroo will take on Mate Ma’a Tonga for the very first time in an end-of-session test on October 20 at Mt Smart Stadium in Auckland.

“This is a fantastic result for all fans of rugby league and the continued growth of the international game,” NRL chief executive Todd Greenberg said.

“Many people have worked tirelessly right around the globe to ensure this match takes place.

The news came following reports that Australian players are prepared to take a massive pay cut to make sure the game goes ahead.

The official Australian Rugby League site, NRL.com, quoted Rugby League Players’ Association boss Ian Prendergast as saying the players had agreed in principle to the match.

“We’re still working through those details but it may be that the Australians receive a very smaller match payment, the same as the Tongan boys and that’s something that they’re willing to accept on a one-off basis to get this game across the line,” Prendegast said.

The Tonga v Kangaroos match will be the weekend after Australia meet New Zealand at the same venue.

The Kiwis look set to take on Tonga on June 22 next year during the standalone representative weekend.

The Australian team members have agreed to take AUS$5000 instead of their usual $20,000 for the match.

Mate Ma’a players would be paid the same.

Kangaroos coach Mal Meninga said he was looking forward to his side being tested by the fourth-ranked team in the world in Tonga.

“This will be a great occassion and it is something I know the players are excited about.

“This will be an important game not only for the Kangaroos, but for the international game.”

Tickets for members will start from $20 for adults, while general public tickets will cost from $25 each.

The NZRL was initially against the Tonga v Australia match as they felt it would detract from their own test.

“There are ongoing discussions and we’ve had discussions over several months about that,” Peters said last month.

“Our overall position is that we want to give prominence to New Zealand versus Australia.

“We have bounced around a number of scenarios with [NRL chief executive] Todd [Greenberg] and his team and there are ongoing discussions, but we haven’t landed on a fixed position yet.”

Peters said they were keen on playing Tonga at some stage.

“We also want to ensure that we have in our calendar a match against Tonga, as well as the Australians playing Tonga,” he said.

“That’s part of that consideration and if there is a possibility of that match going ahead, we would want to ensure that we were also announcing a match against Tonga at the same time.”

NRL.com reported New Zealand Rugby League chief executive Greg Peters and NRL GM elite competitions Jason King would make the announcement at a press conference on Wednesday following months of negotiations.

Desire for love forces a great punake to start composing in her teens

By
Kalino Latu
-

One of Tonga’s greatest female singers and composers, Tu’imala Kaho said her thirst for romance when she was 18 forced her to start composing love songs on her own.

Her mother, ‘Anamalia Kaho, was a poetess and Tu’imala said she did not want her mum to compose her love songs.

Tu’imala, 76, said the environment she grew up in was poetic. Apart from her mother her uncle, ‘Anamalia’s brother Vaisima Hopoate, was another great poet and musician.

Hopoate was sent by the late Queen Sālote Tupou III, who is regarded by many as the greatest punake of modern Tonga, to compose and teach Tongan lakalaka compositions and performance for the queen’s kāinga at Kanokupolu.

“I learnt while I was young about the language to be used when referring to nobility and royalty,” Tu’imala told Kaniva.

She said this was vital in composing Tongan songs and music.

“You have to make sure that you do not mix the language and use words for commoners to royals. That’s disrespectful,” Tu’imala said.

“It is not an easy task. There are too many changes and thinking involved before you get a good song and music,” Tu’imala said.

The first song she composed was Taumaiā Ke ke ‘Iloa, a song she composed to a man she knew. She fell in love with him when he left to work in Vava’u as a Police Inspector.

Tu’imala said she composed the song and asked her cousins, who were brought up together with her to practice and record it.

Figure of Speech

Tu’imala said the most fragrant flowers in Tonga were classified as Kakala ‘Eiki or chiefly flowers. These included nukonuka, tuitui, pipi, ahi, fa, heilala, mohokoi and maile.

The less important flowers and plants, such as mo’osipo were kakala vale, would be used in songs if the composers were referring to commoners.

Tu’imala said when she became seriously involved in singing and performing,  songs were strictly scrutinised by a national music committee before being passed to be aired on the national radio.

She said on one occasion the king attended the committee while scrutinising some songs and in one song a composer referred to his lover as heilala.

The performance was stopped and one of the committee scrutineers, Taimani Fotu, asked the composer to explain his usage of the plant heilala in his song.

After the composer confirmed he was referring to his lover, the song was rejected and the composer was told to go back and correct that part of his song.

Tu’imala said the king appeared to have felt for the composer and suggested that the song should be aired because she was referring to his lover. However, Fotu insisted that if they passed the composer’s song than they were allowing something wrong to air.

Her musicianship

Apart from the talent being in her blood and family, Tu’imala said she was schooled in musicianship by the Roman Catholic nuns at ‘Ahopanilolo.

“The nuns loved my songs and they encouraged me to sing regularly and sing in front of them. I thought that was unimportant, but I later realised this was really important for my career,” Tu’imala said.

She also learnt music and how to sing professionally from the late Professor Futa Helu.

She said she helped Professor Helu in many concerts held to raise funds to help build the ‘Atenisi Institute.

Her first husband was a former Roman Catholic priest who taught Tu’imala some Latin music and songs.

Her second husband was the late Lord Ma’afu Tukui’aulahi who was a Seventh Day Adventist.

“When I had to lead prayer services at church I used to sing them,” Tu’imala said.

She also composed many religious songs.

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Song reveals struggle to bear criticism Tu‘imala received after her daughter married prince

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Nauru authorities detain TVNZ Pacific reporter for interviewing refugee

By
Kalino Latu
-

By RNZ Pacific

New Zealand journalist Barbara Dreaver has been detained by authorities in Nauru while covering the Pacific Islands Forum summit, reports Television New Zealand.

TVNZ said Dreaver was conducting an interview with a refugee when detained by police early this afternoon.

READ MORE: TVNZ reporter released after being held 4 hours

An official from the Ministry of Foreign Affairs and Trade was with Dreaver but TVNZ reported that it was unsure of her whereabouts.

The Nauru government had limited the journalists covering the summit and placed restrictions on those who got approval to go, limiting who they could talk to and what issues they could discuss.

The Australian Broadcasting Corporation (ABC) was also banned from covering the Forum summit after the Nauruan government accused the public broadcaster of “continued biased and false reporting” about the country.

This article is republished under the Pacific Media Centre’s content partnership with Radio New Zealand.

Tongan man whose toddler son fatally shot self with illegal gun escapes prison time

By
Kaniva Staff
-

SALT LAKE CITY, Utah, Aug. 25, 2018 (Gephardt Daily) — A Tongan man facing as many as 22 years in prison has been sentenced to 90 days in jail following the accidental shooting death of his 2-year-old son.

Tasman William Alexander Maile, 28, was charged after his toddler son accessed a gun at their West Valley City home, and shot himself on May 26 of this year. The boy died later at Primary Children’s Hospital.

Maile told investigators that he had been asleep, with the gun within arms reach and the safety off, when his son took the the firearm and fired it.

On July 13, Tasman Maile pleaded guilty to reduced charges of:

  • Criminal homicide, negligent homicide, a class A misdemeanor
  • Obstructing justice, a third-degree felony
  • Three charges of purchase, transport, possession or use of a firearm by a restricted person, a third-degree felony
  • Possession with intent to distribute a controlled substance, a class A misdemeanor

At a sentencing hearing on Friday, Judge Todd M. Shaughnessy waived Maile’s prison time, and sentenced him to 90 days in jail, with 10 days credited for time served. He also sentenced Maile to three years of probation.

Tongan man arrested and charged in USA after body found

By
Kalino Latu
-

BOUNTIFUL, Utah — A Tongan man was arrested and charged in the United States with murder and vehicle theft after another man was found deceased in Bountiful Sunday.

According to a press release issued by Bountiful Police Wednesday, police responded to a residence near 1400 East Lakeview Drive Sunday.

A family member who had not seen their loved one in several days found 50-year-old Rand Hatch deceased. Police say there was evidence to indicate trauma and noted Hatch’s vehicle had been stolen from the residence.

The investigation led police to 22-year-old Taniela Siale Lopiseni Salakielu, who was identified as a person of interest. After interviewing Salakielu, police say the man admitted to arguing with Hatch at Hatch’s residence.

A witness told police Salakielu physically assaulted Hatch in the room where the body was later found by officers.

Salakielu was booked into the Davis County Jail and faces charges of homicide and vehicle theft.

Police ask anyone who may have information about the crime to call Bountiful Police Detectives at 801-298-600.

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