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Man growing cannabis in Tongatapu spared jails because his wife is sick

By
Kalino Latu
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A 38-year-old Tongatapu man who grew cannabis plants in his garden has escaped a jail sentence because his wife was seriously ill.

Mikaele Tukia’s offending came to light after police broke into his Nualei home on August 12, 2017 after receiving tip off from the public.

Police discovered cannabis plants being secretly grown in 84 tin containers.

Further searches around the property found a basket inside Tukia’s house which contained marijuana leaves.

Justice Cato told Tukia that his offending carries a maximum of 25 years or TOP$750,000 or both, Taimi ‘O Tonga newspaper has reported.

Mr Cato sentenced Tukia to three years and ordered to pay a fine of $1,000.

Mr Cato has suspended Tukia’s jail terms after he heard his wife was really sick and no one was available to take care of her, the paper said.

Tukia must not commit any crimes during his three year’s jail suspension.

The paper said Tukia previously appeared before a magistrate on a separate drug deal case.

Lupepau‘u $181 million investment project not yet approved, Labour & Commerce CEO says

By
Kalino Latu
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A multimillion project known as Lupepau’u Village Investment Project has not been approved, Labour and Commerce CEO Edgar Cocker told Kaniva News.

Cocker said the project, which was owned by Hon Lupepau’u Tuita Taione would benefit the kingdom’s economy and local people, but he had not approved it.

Asked about a copy of a Cabinet decision on June 7, 2018  seen by Kaniva News which showed the authority had approved the project, Cocker said he was unaware of it.

He said if Cabinet had approved anything regarding the project it was part of an effort by Princess Pilolevu’s daughter to fulfill the requirements needed before they applied for a license for the business.

We sent the Cabinet decision to the Prime Minister’s office and asked the Acting Chief Secretary to confirm the information,  but have not received a response.

The Cabinet decision, which appears to feature the Acting Chief Secretary to Cabinet ‘Olita Ha’ina Mo’uta Tupou’s signature, showed the Cabinet ministers had approved the project.

The document appears to show the Cabinet Ministers had noted that the project would involve TP$181 million  which was broken down as follows:

$11 million of foreign investment to ‘Lupepau’u Village’ working account BSB Bank.

$20 million to building a seawall of reclaimed material.

$150 million to reclaim 3000 acres at the Greater Hihifo area.

A 99 year lease of the reclaimed land of 3000 acres at the Greater Hihifo area in the name of Lupepau’u Tuita Taione.

When asked about the credibility of the project Cocker said as far as he knew investors from Hong Kong involved.

As Kaniva News reported last year, the Tongan government denied that an American group, the Red Warrior Group LLC, had been granted an exclusive gaming licence to build a casino facility in Tonga.

It was later revealed the Casino project was under a Tongan company known as Tavake Tamafua Tourism Investment Project.

The chief shareholders and directors were Havea Luigi Gatti and ‘Epeli Taione, who is married to the king’s eldest niece, Hon Lupepau’u Tuita Taione.

Lord Chief Justice slams senior magistrate’s decision to turn away legal aid case

By
Philip Cass
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The Supreme Court has slammed a decision by a Senior Magistrate to refuse to hear a case brought by a lawyer from the Family Protection Legal Aid Centre.

Mrs F Fa’anunu, a lawyer employed by the Ministry of Justice to work at the Legal Aid Centre had brought a case before the Magistrate on behalf of a woman  against her husband for maintenance, custody and  a restraining order.

The magistrate said he was not satisfied that the FPLAC was established lawfully and considered that Mrs Fa’anunu could not appear as Counsel before the Court because she was a civil servant.

Since then the Magistrate’s Court has refused to accept filings from the FPLAC, other than applications for protection orders.

Lord Chief Justice Paulsen said the magistrate had no right to refuse to accept an application from Mrs F Fa’anunu or to declare that he would refuse to accept any applications brought by the Legal Aid Centre.

“It is a serious step for a Judge to refuse to hear any person’s case except  on its merits,” Lord Chief Justice Paulsen said.

“It is the duty of the Judges to administer justice  in  accordance with the constitution and the laws of this country.

“Whilst the  refusal of a Judge to hear a case is  unusual enough,  it is  an  even more serious matter for a Court to refuse to accept filings from an entire class of litigant.

“That is what has occurred here since the Magistrate’s Court has refused to accept filings from the FPLAC. Such a step  should  not  have  been  taken  without  reference  to  the  Lord  Chief Justice. Any filings made should have been accepted and set down for hearing following the determination of this appeal.”

The judge said the FPLAC was established by Cabinet to help survivors of domestic violence in Tonga for one year.

“The FPLAC is a very worthwhile initiative to which the judiciary should be lending its full support,” he said.

He said there was nothing before the Senior Magistrate to suggest that Cabinet did not have power to establish the FPLAC.

As a law practitioner holding a current practicing certificate, she had a statutory right to  appear  as Counsel before the Courts, whether she was a civil servant or not.

“The Senior Magistrate’s concern that as a civil servant Mrs. Fa’anunu is  not independent of the judiciary is misconceived,” the judge said.

“The Senior Magistrate appears to have considered the judiciary a part of the Ministry of Justice. The judiciary is not part of the Ministry of Justice nor is it any part of the civil service. The Judges of Tonga are not employed by the Ministry of Justice. The judiciary is the third branch of Government acting independently of the executive (of which the Ministry of Justice is part) and the legislature. The independence of the judiciary is enshrined in the Constitution.”

He ordered the Chief  Magistrate  to  immediately  set  the  down the action brought by Fa’anunu for hearing.

He also directed the Magistrate’s Court to accept for filing all actions  filed by the FPLAC.

Quick response extinguishes fire in Vava‘u

By
Kalino Latu
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A fire broke out at a Neiafu residential property this morning.

Firefighters arrived at the scene i Masilamea and quickly brought the fire under control.

The family who owned the property were in their bush allotment, Neiafu Town Officer Vava Lapota told Kaniva News.

The house belonged to Leimoni ‘Asipeli.

“I would like to thank the fire fighters for the good and beautiful job they did,” Lapota said.

Tonga’s high dependence on fossil fuels a challenge, Speaker tells World Parliamentary Forum

By
Kaniva Staff
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Press Release from Parliament

Tonga’s unwavering commitment to achieving the Sustainable Development Goal’s agenda remains steadfast.

The Legislative Assembly of Tonga continues to uphold SDG Goal 7 for affordable, reliable, sustainable and modern energy as a key catalyst to sustain economic growth.

The Speaker of Parliament Lord Fakafanua revealed this during his address at the 2nd World Parliamentary Forum on Sustainable Development in Indonesia on Wednesday  September 12th.

He said this year’s theme “Partnerships towards sustainable energies for all” has provided an ideal platform for which Parliaments can track progress and future efforts towards achieving the SDG Goal 7. A call for affordable, reliable, sustainable and modern energy for all.

Lord Speaker said Tonga has continuously been challenged with its high dependence on fossil fuels. To date, the diesel fuel bill makes up about 10 percent of GDP and 15 percent of national imports.

“There are high greenhouse gas emissions, high electricity production costs and tariffs and high dependency on imports.  These impacts and has spillover effects on the economy, businesses … our citizens who bear the brunt of the costly power charges and the unreliable power supply especially,” Lord Fakafanua said.

Tonga remains extremely highly vulnerable to the impacts of climate change and fossil fuels have done substantial damage to its environment and marine resources.

For that reason, Lord Fakafanua maintained Tonga’s motivation to achieve clean energy is through addressing the impacts of climate change and global warming.

In response the Speaker outlined two national policies Tonga has been able to immediately put into place. One is the Tonga Strategetic Development Framework (TSDF) II which is Tonga’s national development plan. It includes seven national outcomes in a variety of areas including environment, human development and good governance. All with aspirations they are more inclusive and sustainable.

He emphasized all these outcomes have been directly linked to the SDG Goals and have identified key implementers to achieve these goals. A specialized Government unit is monitoring the progress of these goals.

Tonga Energy Road Map (TERM) 2010-2020 is the other national policy. It is a 10 year implementation plan to reduce Tonga’s vulnerability to oil price shocks, climate change, and increase quality access to modern energy in a financially and environmentally sustainable manner.

Lord Fakafanua said TERM recognized energy as a fundamental building block for Tonga’s social and economic development as well as enhancing the livelihood and wellbeing of Tongans.

The energy target set out in TERM aims to achieve 50 percent usage of renewable energy by 2020. However, he emphasized Tonga is yet near to achieving this target.

Lord Fakafanua said as part of the Parliament’s oversight role, it will ensure that the progress of these energy policy targets is tracked efficiently.

He also mentioned that partnership efforts are not limited to the domestic level but are also vibrant at the regional level. Many Pacific island countries Tonga included are vulnerable to the impacts of climate change and heavy reliance on imported crude oil.

On that note, he said regional partnerships have proved very effective in taking a regional united front in the fight against global warming. A most recent example was the endorsement of Boe Declaration as one of the Pacific Islands Forum Meeting outcomes in Nauru last week.

All Pacific nations including Tonga reaffirmed that climate change was the single greatest threat to the livelihood of the regional Tonga included. The declaration also called on mitigation targets and timeframes on renewable energy.

The Lord Speaker also mentioned that Tonga Parliament values its critical role in ensuring the SDG goals and targets are met and to hold governments to account. He believed through effective engagement of MPs is essential to this.

  • MPs were further equipped with knowledge and understanding of the issue during a three day workshop funded by UNDP last year. It was enhancing their understanding on the roles they play in the implementation of SDG goals.
  • Annual constituency visits also provided a public forum where parliamentarians hear first-hand from citizens on issues affecting their lives such as high electricity costs and their urgent call for renewable energy sources in the island groups.
  • Effective engagement of legislators at the committee level has also been most beneficial. Through committees MPs have worked closely with key stakeholders both from the private and public sectors in holding regular briefings on renewable energy and disaster risk management.

Lord Fakafanua said the Indonesian forum emphasised their commitment for partnerships on a global scale.

He reaffirmed Tonga’s commitment to tackling the issue.

“We will continue to ensure that the appropriate legal frameworks and policies are in place to foster that enabling environment …

From our Tongan perspective, it is achievable but is contingent on effective partnerships of all stakeholders at a domestic, regional and international level,” the Speaker concluded.

Lord Speaker and Tongatapu 3 constituency MP, Hon. Siaosi Sovaleni represent Tonga at the  forum in Bali which concluded yesterday.

Appeals Court rules claimant has no right to remain on disputed land

By
Philip Cass
-

The Court of Appeal has ordered a claimant to vacate a block of land after issuing judgement in a protracted dispute.

The case involved a dispute about how a registered lease of  99 acres  known as ‘Ha’amea’ at Liahona in the estate of Lasike was to be inherited after the death of the last of the three Wight brothers, Charley, Fred and Harry. The lease is for a term of 50 years, expiring on 24  November  2024.

The original lessee was a fourth brother,  William  Wight.  About  two  years into the term of William’s lease, on 25 November  1976,  he  executed an indenture conveying the lease  to  himself,  Charley,  Fred and Harry for a consideration of TP$1,000.

Each of the brothers had a roughly  equal  area of Ha’amea for their own use. Charley and Harry each grew crops on the land and exported fruit and vegetables. They also raised animals. Fred was not involved in the business at this stage as he was living in New Zealand.

In 1970 William and his family moved away from Ha’amea and in 1980 he conveyed his interest in the lease to Charley, Harry and Fred. In an earlier case the Lands Court accepted  evidence from Harry’s son Raymond Wight that this was really a sale of William’s  interest in the lease to Harry alone.

In its report on the case, the Court of Appeal said Fred returned to Tonga and built a home and lived on the land with his wife and only child, Douglas. Fred died in 1992. His widow moved with Douglas to the United States where she remarried. No application was made for letters of administration of Fred’s  estate.

Charley died in the United States in 1993 or 1994. Again, no application for  letters  of  administration  of  his  estate  has  been  made.

Harry survived Fred and Charley and continued to live on and farm Ha’amea. Raymond has run cattle on the land since 1995 and paid the rent and other outgoings of Ha’amea. In 2012 Douglas was deported from the United States and, with Harry’s permission, lived for a time in a building on the land.

Douglas raised a claim to Ha’amea that Harry did not accept. Douglas was obliged to move off the property. He moved back in 2014 when Harry went to the United States for medical treatment. In October 2015 Raymond allowed Douglas to move into Harry’s house.  Harry died on 12 April 2016 in the United States.

A dispute then arose between Douglas and Raymond when Douglas cut down some trees and slaughtered some of Raymond’s cattle on the land. Douglas also disconnected the water lines necessary for the maintenance of Raymond’s cattle.

Raymond applied for letters of administration of Harry’s estate which were granted by the Supreme Court on August 2, 2017. The only asset of the estate is said to be Harry’s interest in the lease.

Raymond regarded Douglas as a trespasser and asked the Land Court for an order for possession and damages. He also lodged the letters of administration with the Minister of Lands together with an indenture conveying the lease to himself. Both documents were registered.

The Land Court ruled that when Fred and Charley  died Harry became the sole owner at law and has been succeeded at law by Raymond as his administrator. The court ruled that this Raymond the right to bring an action against a trespasser for possession of the land. It rejected a claim by Douglas that as Fred’s heir he had an interest in the lease and the right to be in possession.

The Appeals Court said that as far as was known, Charley and Fred had not made wills. No persons had been appointed to carry out the duties of an administrator of their intestate estates. Until that was done,  none of the heirs had any beneficial interest in any of their assets.

This meant Douglas had no right to remain on the land when requested to leave by Raymond.

If administrators could  be appointed  in the  estates  of  Charley  and Fred and the heirs identified it would be possible to approach the Minister seeking to have the register corrected to reflect that one quarter interests in the lease were owned by the heirs of Charley and Fred in common with the heirs of Harry’s estate.

“For these reasons we confirm that Raymond is entitled to have Douglas removed from the land and excluded unless and until Douglas establishes his right as an heir of Fred under the Probate Act,” the Court of Appeal ruled.

“Douglas Wight must vacate Ha’amea within 28 days of the date of delivery of this judgment.”

Tonga to build warehouse in Samoa; no way to stop foreign businesses, says CEO

By
Kalino Latu
-

The government of Tonga plans to build a warehouse and accommodation on its land in Samoa.

Labour and Commerce CEO Edgar Cocker said plans also included building a selling outlet and a mini conference centre.

Cocker is in Apia to look at the plan and to talk to the Samoan authorities.

He said the Tongan government planned to export watermelons to Apia.

Cocker said they would hold talks with Samoan authorities about removing 20 percent import duty they charged on imported produce.

“We discussed this while were in Nauru during the Pacific Island Leaders forum and I expect further discussion on that while I am in the country,” Cocker said.

He said watermelons made good money in Apia.

He said the Tongan government also planned to export its watermelons to Pagopago.

Cocker said this was part of the government’s mission to boost Tonga’s economy.

This is not the first time the Tongan government has tried to export watermelons to Samoa.

Shipments started in late 2010, and demand continues to grow with a forecast market value of $2.5 million Pa’anga or about A$1.35 million per year, according to an Australian report.

An attempt in March 2014 was made to boost the Samoa-Tonga trade after the government purchased a controversial vessel from the Ramanlals which it renamed as MV Niuvakai but the project did not work.

As Kaniva News reported last year, there were not enough goods to export and the MV Niuvakai appears to have become a financial liability.

Local businesses complaints

Cocker said he found it very difficult to do something about complaints from locals that foreigners dominated the local markets and businesses.

Cocker said many applications to operate businesses in Tonga came from foreigners including Russians, Bosnians, Filipinos, Chinese, Indians and others.

“These foreigners hold Tongan passports,” Cocker said.

He said these foreigners became Tongans and were lawfully entitled to be given licenses to run businesses in Tonga.

“I can’t stop them from running businesses in the kingdom unless they breached any laws that might affect their application.”

Cocker said these passports had been sold to these foreigners by former governments.

ADB fund

Cocker said about TP$14 million was donated by the Asian Development Bank to Tonga to help poor people, small businesses and informal sectors.

He claimed a former government used more than TP$7 million of this money to pay off debts owed by squash exporters.

Cocker said he was disappointed that the money went to exporters while at the same time the squash growers were still struggling to pay off their loans they took out while they were taking part in the squash pumpkin growing project.

Many of these growers lost their tax allotments which were used as mortgage for the loans they made, Cocker said.

Regional Trades

Cocker said he had pushed for the government to make sure they would sign for PICTA, PACER Plus and European Economic Partnership Agreements.

He said these would give Tongans an opportunity to trade with countries in the Pacific which had large economies, such as PNG, Vanuatu and Tahiti.

Cocker said this was the only way Tonga could boost its economy.

Australia beats China to funding Fiji base

By
Kaniva Staff
-

The Australian / PACNEWS

Australia successfully blocked China from funding a major ­regional military base in Fiji, a move that reveals intensifying concern in Canberra over strategic competition in the South Pacific region.

In a move to outbid China to secure the rights as the sole foreign donor of the Fiji Military Forces’ Black Rock Camp in Nadi, the ­Coalition government has contributed a “significant” figure for the facility to be transformed into a regional training hub for South Pacific militaries.

Beijing’s rival bid, confirmed by the Fijian Defence Force, came amid Australian government fears of China gaining a military presence in the region, notably in Vanuatu, although that country’s government denies this was on the cards.

Australia has previously provided Fiji with protected mobility Bushmaster vehicles and last ­November committed $2 million towards the Black Rock redevelopment. Late last month, during the week of the tumultuous leadership spill, then prime minister Malcolm Turnbull distributed a media release announcing Australia would fund the whole base, which he said would create “stronger inter­-operability between the Australian Defence Force and the Republic of Fiji Military Forces”.

The Fiji Military Forces’ chief staff officer for co-­ordination, Captain Eroni Duaibe, said Australia had “played its cards right” and went over and above to trump China’s bid.

“Let me put it this way: the development of Black Rock has been backlogged for quite some time now due to financial restraints,” Captain Duaibe told The Australian. “China had had an interest in that for quite a while but it seems that I would say, I think Australia played their cards right in terms of tabling a holistic offer, something that China was a bit reluctant to … (They were) asking us to do certain parts of the development while they come in as a partner to do other developments.

“But when Australia placed the offer on the table, it was holistic development of Black Rock, not only of the infrastructure development but also the provisions of personnel and training of our troops and providing that expertise in various areas.”

The Australian has been told by senior sources that the government believed China was planning to build an airport at the site. Captain Duaibe denied this. He said, however, that the base could work in co-ordination with Canberra’s proposed Australia Pacific Security College, which Australia hopes to set up by early next year.

“I cannot confirm that to you, but it has been on the agenda at the Pacific Island Forum level and also the military-to-military level.”

The deal to fund the Black Rock base was made by Mr Turnbull and Fiji’s Prime Minister Frank Bainimarama. “It was a decision done at a very strategic level, also at the political level where the discussion (was) between our Prime Minister and the Australian prime minister, who at the time was Malcolm Turnbull.”

The Australian and Fijian governments have said the base would be a “regional hub for police and peacekeeping training and pre-­deployment preparation”.

China first improved its ties with Fiji when the Pacific nation was ostracised by the West after Mr Bainimarama claimed power in a 2006 coup. China has previously flagged interest in investing in Fijian military facilities.

In 2015, its then ambassador to Fiji, Zhang Ping, said he was open to helping Fiji set up a new naval base. “If there is a need from the Fiji side, we will be happy to look at it,” he said, according to a report in the Fiji Sun. It said Fiji and China had previously signed a memorandum of understanding over military co-operation.

China also donated a new “surveillance and hydrographic” vessel to Fiji’s navy at the same time as the island nation received a re­fitted Australian patrol boat.

Earlier this year, China sent scientific surveillance ship Yuanwang 7 to Fiji on the same day the Australian navy’s HMAS Adelaide was in Suva as part of the Indo-Pacific Endeavour exercise.

Fiji has a close policing relationships with China. It signed a police co-operation deal with Beijing’s Ministry of Public Security in 2011 that involves sending Fiji police to China for training.

This year, China gave Fiji 50 police vehicles.

A 2017 Department of Foreign Affairs and Trade briefing paper says the Fiji Military Forces, which contribute to UN peacekeeping missions, are among the largest in the Pacific. The report says “credible contacts report military personnel are also involved in monitoring and occasional harassment of opposition political leaders, NGO activists, and the media.”

Kaniva News has a republication arrangement with PACNEWS

Free kidney disease treatment in Tonga by Australian surgery team

By
Kalino Latu
-

Tongans with kidney disease and other conditions are being treated by a visiting Australian urological surgery team at Vaiola Hospital.

The Australians are performing surgery alongside Tongan doctors and nurses, and providing mentoring and training for their Tongan colleagues.

Tonga does not have a permanent urological unit, so visits of this kind are one way Australia is developing the capacity of Tongan medical workers and helping Tongan patients.

The team’s visit is made possible under the Pacific Islands Program (PIP) 2016-2021, which seeks to strengthen clinical services across 11 Pacific Island Countries, including Tonga.

PIP is implemented by the Royal Australasian College of Surgeons in collaboration with the Pacific Community and Ministry of Health, with support from the Australian Government.

Tongatapu taxi driver on trial accused of sexually assaulting passenger

By
Kalino Latu
-

A Tongatapu taxi driver was on trial last week accused of sexually assaulting a passenger he was taking home after her work.

Manase Fa’uvao of Ma’ufanga denied two counts of sexual assault, the Kakalu ‘o Tonga newspaper has reported.

However, according to the paper, Fa’uvao’s denial was undermined by some of the comments he made in court in response to the plaintiff’s claims against him during the hearing.

The Nuku’alofa Supreme Court heard that the woman, who cannot be named for legal reasons, was picked up from her work by Mr Fa’uvao at around 11.30pm on 23 October 2017.

Justice Laki Niu was told that on the night of the alleged incident, Mr Fa’uvao picked up the woman and began the journey to Houma.

The woman claimed that at one stage during the journey, Mr Fa’uvao asked about her marital status and said ‘he loves her’.

She claimed Mr Fa’uvao took her to a bush allotment near ‘Atele.

She also claimed Mr Fa’uvao moved from the driver’s seat to the back seat at which she was sitting. She alleged he touched her inappropriately and made sexual advances towards her.

After the alleged sexual assault he took her to her home, the court heard, according to the paper.

When she arrived home she contacted Police about the incident.

Mr Fa’uvao was arrested the same night, Justice Niu heard.

The court heard he told police the sex was consensual.

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