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Too many charges may confuse jury in machete murder trial, says Supreme Court judge

By
Philip Cass
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A Supreme Court judge has criticised the number of indictments brought in a murder case, saying they could confuse the jury.

Mr Justice Cato said there was also some merit in a complaint by defence lawyer Clive Edwards that the accused had been prejudiced by the multiple counts against them and an unnecessarily long winded indictment.

Halahone Taliai and Sione Vea were brought before the court on multiple charges relating to the death of ʻAiveni Teisina during a machete attack in a parking lot in Vaini on October 23, 2016.

As Kaniva Tonga News reported at the time Teisina died from his injuries at Vaiola Hospital on October 24, 2016.

He was survived by his wife and a four-year old daughter.

Mr Justice Cato said Crown accepted that Taliai was responsible for the victim’s death by machete wounds. Vea used a hammer to also effect  injury, but not any fatal injury.

He said the Crown had laid four alternative counts of murder against Taliai.

He said two of the charges were unnecessary and there seemed to be no point in a third.

“The danger of  the  present indictment of multiple murder counts is that it is confusing and may cause the jury difficulty in arriving at unanimous verdicts,” the judge said.

The jury could convict Talia of murder if they found he had murderous intent and caused Teisina’s death.

If the jury was not  satisfied beyond reasonable doubt that Taliai was guilty of murder, he could be convicted of manslaughter if they thought he caused the death of the victim by deliberately committing an unlawful act that  resulted  in  death.

Mr Justice Cato also questioned the indictments brought against Vea. He said it was wrong to separately indict for several counts of murder.

“Each accused should face one count of murder, manslaughter as an alternative and a lesser offence, grievous bodily harm or serious harm as an alternative to  manslaughter,” he said.

“I consider  that  the  present  counts in the indictment may give rise to confusion, error in principle, and also there is an element as Mr Edwards complained of prejudice occasioned by an unnecessarily  prolix  indictment  and several counts in relation to each man of   murder.”

Harvesting and exporting of sandalwood still being prohibited, MAF warns

By
Kalino Latu
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The Ministry of Forestry has warned that harvesting and exporting of sandalwood in Tonga were still being prohibited.

The warning came after the Ministry received reports sandalwood plants had been harvested and stolen in Ha’apai.

Sione Foliaki from the Ministry’s office in Tongatapu said he was aware of the reports.

He said it was reportedly announced on local radios reminding the public that harvesting and exporting of the “protected” plant were illegal.

According to the Ministry it “could be classified as a threatened species in the sense that it is very vulnerable to theft – so much so that the Tonga Timber Company is no longer planting sandalwood.”

“This (sic) species needs special protection if it is to develop as a sustainable export industry,” the Ministry said.

Sandalwood was a type of plant which yields fragrant timber and oil.

Known in Tongan as ahi, the plant was significant not only economically but in the sense that it served as important sources for body oil making process. The oil was used by the nobility and the royals.

In 2014 the Australian’s Tropical Forestry Services (TFS), which has plantations in Western Australia, the Northern Territory and Queensland, has secured a deal with an undisclosed pharmaceutical company, to sell sandalwood oil for $4,500 per kilogram for up to 20 years.

Woman awarded for 20 years of ‘dedication’ to Aust High Commission in Tonga

By
Kalino Latu
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A Tongan woman has been awarded the High Commissioner’s Citations this year for excellence, dedication, commitment and service in support of the Australia-Tonga relationship.

Mele’ofa Mafi was nominated because of her work in the aid program and more broadly in the High Commission, according to a post by the Australia – Tonga on Facebook.

“She has been with the High Commission for nearly 20 years and her services to the Australian government include her depth of financial and Aidworks knowledge.

“‘Ofa manages the High Commission’s relationships on humanitarian issues with the National Emergency Management Office, Red Cross, His Majesty’s Armed Forces and other stakeholders.

“This was particularly important following Cyclone Gita, which included the addition of a large number of disaster relief activities.

“In addition to the valuable contributions she makes to the Aid team, ‘Ofa is a leader and mentor for other local staff at the High Commission.”

Victim named: driver arrested after pedestrian killed in Nuku’alofa

By
Kalino Latu
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A 38-year-old man has been arrested on suspicion of causing death by dangerous driving after a pedestrian was fatally struck by a vehicle.

The fatal vehicle accident happened at Vuna road in Popua on the night of August 3.

The deceased, Vilitali Kiteau, was confirmed dead by Health authorities at Vaiola hospital.

The driver from Popua has been charged with reckless driving causing death and drunk driving.

It has been alleged the accused was driving eastbound when he allegedly hit the victim.

Police believed Kiteau was walking on the roadside in front of the New Zealand High Commissioner’s residence.

The arrested man remains in police custody.

Pacific rugby welfare group calls to end ‘unfair inequality’

By
Kaniva Staff
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LONDON, 09 AUGUST 2018 (PRESS ASSOCIATION) – Pacific Islands campaigners have called for an end to “unfair inequality” at global governing body World Rugby.

Pressure group Pacific Rugby Players Welfare (PRPW) has launched its “Seats At The Table” campaign, to push for greater Pacific Islands representation on the World Rugby Council.

The Pacific Islands nations’ only current influence on the World Rugby Council falls under Oceania Rugby’s two votes of a total 48. That regional umbrella organisation also represents the interests of New Zealand and Australia.

The unions of the All Blacks and the Wallabies also boast three individual votes apiece, leaving Samoa, Tonga and Fiji sharing two council votes with the nine other Oceania Rugby nations.

World Rugby has branded PRPW’s stance “surprising” however, insisting widespread 2015 reform allows any union the chance to earn an individual council vote – already seized upon by Georgia, Romania and the United States.

“We’re massively over-represented in every other area in rugby, aside from administration,” the chief executive of PRPW Dan Leo told Press Association Sport.

“We’ve got terrific coaches in men like Pat Lam, Tana Umaga, Simon Raiwalui, and a new generation of young coaches coming through quickly as well.

“But then Fiji, Samoa and Tonga have just one per cent combined influence on the World Rugby Council. It’s not right.

“We consider this an unfair inequality in the global game, and we feel that improving the Pacific Islands nations’ representation on the World Rugby Council would prove a major step towards allowing the global game to flourish in precisely the way all the sport’s power brokers actually want.”

Leo and PRPW launched their “Seats At The Table” campaign on Wednesday in a bid to highlight the growing influence of Pacific Islands players across the global game.

More than one fifth of all players at the 2015 Rugby World Cup were of Pacific Islands descent, with 15 per cent representing Tonga, Samoa and Fiji. Some 43 players of Pacific Islands descent represented nine of the 17 competing nations outside that region.

Samoa, Tonga and Fiji have all qualified for the last two World Cups, but do not currently meet World Rugby’s full criteria to command individual council votes.

The game’s global governing body insists that any union already has the ability to earn the right to an individual council vote.

“These comments are surprising, given that there is a clear, transparent and fair pathway for all unions to take a seat on Council under sweeping governance reform launched in 2015 under Bill Beaumont’s leadership,” said a World Rugby spokesman.

“It has successfully incentivised unions and Georgia, Romania and USA have already taken their seat having achieved the criteria, while we continue to work with a number of unions, including the Pacific Islands, to assist them in achieving the necessary criteria to achieve Council status.”

Former Wasps and Samoa lock Leo explained PRPW believes a fairer set-up would centre more around World Cup qualification, in a bid to foster development among emerging nations.

“What makes sense to us is that if you’re in the World Cup you get two votes, if you’re outside the World Cup and you’re a Tier Two or developing nation, you get one vote,” said Leo.

“So that would be up for change every four years, but we consider this a meritocratic, performance-based approach.

“It incentivises strong performances, but would also help smaller nations and unions in becoming the masters of their own destiny. This approach would not just help the Pacific Islands either.”

King’s noble case adjourned again

By
Kalino Latu
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Lord Tu’ivakanō and his legal defence team have been granted another adjournment for the sixth times.

The noble’s court case was expected to be heard on August 9 and has already been delayed four times.

The former Prime Minister’s trial was rescheduled to August 14.

The adjournment was requested to allow the Defence more time to prepare for the trial.

The former Speaker has been charged with numerous crimes, including making a false statement for the purpose of obtaining a passport, perjury, acceptance of bribery and money laundering after he was arrested on March 1.

The Tongatapu’s No. 1 Noble’s Representative to Parliament first appeared at the Magistrate court on March 2 where his case was postponed until March 26.

It was again postponed until May 30.

Teens plead not guilty to all charges in Chinese couple’s brutal murder

By
Kalino Latu
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The two teenagers accused of murdering a Chinese couple in a bush allotment at Matafonua have pleaded not guilty to all charges against them.

Sitiveni ‘Esi Muli, 17, and Sami Kaho Jr, 15, appeared on Tuesday in the Supreme Court at Nuku’alofa over the death of Mr Feng Sheng Pei and Mrs Su Jie Wen on February 25.

Kaho and Muli were accused of assaulting the couple on the heads with a machete and stabbing their bodies with a pair of scissors.

The teen accused were also charged with alternative counts that included manslaughter and other additional counts of armed robbery and serious arson.

They have been remanded in custody until a court appearance on August 29 to set a trial date.

The Chinese couple used to sell vegetables at the Talamahu vegetable market as well as at road-side stalls in Fanga ’O Pilolevu.

They were widely known to people who bought vegetables from them, for their friendliness.

Government, Games Council and TASANOC will go before Supreme Court on November 1

By
Philip Cass
-

The Tongan government has been allowed to make a late response to the legal suit brought against it by the Pacific Games Council.

Our correspondent in Tonga says the parties will now go before the Supreme Court in Nuku’alofa on November 1 for a hearing before Chief Justice Owen Paulsen.

As Kaniva News reported earlier this month, the Council and the kingdom’s Olympics Committee are suing the government over its decision to withdraw from hosting the 2019 Pacific Games.

According to the writ of summons issued at the Nuku’alofa Supreme Court on May 15, TASANOC has sought damages of TP$2,612,256,59 (NZ$1,745,619.60) while the PGC wants TP$5,841,924.40. (NZ$3,911,764.22).

The government’s lawyer, Dr Rodney Harrison, successfully appealed to the court to allow the late submission after the government missed the May deadline.

The Pacific Games Council and Tonga’s Olympic Committee applied for a default judgement in their favour after the government missed various deadlines to respond to the action.

Radio New Zealand has reported that the Council withdrew its application and was given a month to answer a government challenge to have the Olympic Committee removed as a plaintiff.

The head of the 2019 Pacific Games Organising Committee, Lord Sevele, has argued that only TASANOC committee had the right to cancel hosting the Games.

The government of Prime Minister ‘Akilisi Pohiva has argued that the contract for Tonga to host the Games was signed between the Tongan government and the Pacific Games council, not the organising committee

As we reported previously, Hon. Pōhiva stated his decision to withdraw from hosting the Games was due to concerns over costs and the proposed budget, which reportedly came from TASNOC.

Meanwhile, the Prime Minister’s office has denied reports in local media that the Supreme Court had already ruled in favour of the Games Council.

Talaki  newspaper reported that the court had ordered the government to pay TP$8 million compensation.

For more information

Pacific Games case against Tonga progresses

Fe’iloakitau, 22, sobs after bail refused on sawn-off shotgun charges

By
Kaniva Staff
-

The Tongan girlfriend of the man whose “f**k the police” video went viral sobbed in police cells after being refused bail on drug, sawn-off shotgun charges.

EXCLUSIVE (news.com.au)

The young girlfriend of a man whose “f**k the police” video went viral has sobbed in police cells after she was refused bail on multiple drug and weapons charges allegedly arising from an Instagram post.

Kyera Feiloakitau, 22, will now likely be moved to a women’s prison to await a further hearing following a police raid on the flat she shared with boyfriend Bahaa Youssef.

Ms Feiloakitau sobbed, visibly shook and buried her head in her lap in Sydney’s Surry Hills police cell video booth as it became apparent she would not be granted release from custody.

Her mother also wept in Central Local Court as magistrate Robert Williams said the accused posed a risk of interfering with witnesses if let back into the community.

The court heard that police raided the couple’s Sydney flat after Ms Feiloakitau posted on Instagram pictures of the drug cannabis and a backpack.

Inside the backpack, police allegedly found a sawn off shotgun, and 750g cannabis in the flat.

Ms Feiloakitau was laid with 13 drug, weapon and stolen goods charges.

Police charged Mr Youssef, 27, who allegedly bit and kicked police officers after the arrest, with 32 drug, firearms and assault charges including wound police and possessing a sawn-off shotgun.

Mr Youssef, who has “f**k the police” tattooed on his forearm has previously called himself “self made man” on Facebook.

He went viral last year after filming himself calling police dogs in a filthy tirade which included the taunt, “I f**ked your mum last night”.

Police raided the couple’s flat in 2017 and on that occasion, Ms Feiloakitau allegedly told police, “If I had an AK47 … I would shoot you. You are dogs.”

She was not charged and Mr Youssef was acquitted on drug and offensive language charges.

But earlier this month police again went to the couple’s flat after Ms Feiloakitau posted images on Instagram.

Her lawyer Pawel Kulisiewicz told the court his client’s Instagram post of “what appears to be cannabis” and a backpack had sparked the police raid.

“But there is no evidence she knew the shotgun was in the backpack,” Mr Kulisiewicz told magistrate Robert Williams.

Ms Feiloakitau was granted bail the day after her arrest, but police revoked it after she breached one of the conditions that she not speak with her co-accused.

Mr Kulisiewicz said Ms Feiloakitau, “a young girl … who is in love” only spoke with Mr Youssef after a friend handed over their mobile phone during a jail call with her co-accused.

Mr Youssef is being held in the maximum security Metropolitan Reman d Centre at Silverwater in western Sydney.

Ms Feiloakitau had admitted the breach, Mr Kulisiewicz said, but had only spoken with Mr Youssef ”unremarkable” things.

She had spoken with Mr Youssef about “a gold key” belonging to Mr Youssef’s late father, his “inheritance and … Egyptian background”.

But prosecutors “strongly opposed” bail and Mr Williams said the phone call between the accused coupe was “a serious and blatant breach” of bail conditions.

Ms Feiloakitau is charged with supply prohibited drug of less than indictable quantity, four counts of possess prohibited drug, two of goods suspected stolen, and one each of possess ammunition, an unauthorised firearm, a shortened firearm, an unregistered firearm, of not keep firearm safely and knowingly allow use as drug premises.

Last year, Mr Youssef posted a video on Facebook of his encounter with police after officers asked him for identification near his home in Sydney’s Redfern.

“Youse know who I am, why do you [need to] see ID?” the man asks. “You just walked up to me stating my name.”

The video cuts to the police officers leaving as he yells and swears at them, calling them “dogs”. “Look at the dogs,” he says.

“Look at him the fat dog, the s*** ganga. I f***** your mum last night and I banged her in the a******, c***** …

“Look at this fat dog smoking his c*** and rock. Thank you for sucking my d***. See yas later. Keep harassing me. F*** your mum, all four of youse.”

After a Sydney magistrate acquitted him last year, Mr Youssef told news.com.au he had no family and the police were against him.

Chinese hospital ship Arch Peace to visit Tonga

By
Kalino Latu
-

The Chinese hospital ship Arch Peace will dock in Vuna wharf on Monday 13 until Monday 20.

The medical experts and staff who are bringing to Tonga free medical and emergency services will be welcomed at the wharf at 10am, a Chinese embassy spokesperson in Tonga said.

After the welcoming ceremony a delegation of VIPs and news media reporters would be invited to board the ship for a short tour.

While in the kingdom, local people and members of the Chinese community in Tonga would be welcomed on board with whatever medical treatments they needed.

The ship’s medical equipment included operating theatres, x-ray facilities, a labour ward, dental facilities, dressing compartments and consultation rooms.

The Arch Peace arrived in Fiji on August 2 and was expected to depart for Tonga after eight days.

“Close to 6000 Fijians have already made use of free medical service provided by specialists on board the Chinese People’s Liberation Army Navy Hospital Ship Ark Peace in the first three days of its visit to Suva,” Fiji Times has reported.

“Ark Peace hospital has hull number 866 is a standard hospital ship designed and built by The People’s Republic of China and commissioned in October 2008,” Director of Outboard hospital Zhang Cong Xin told the Times.

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