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Clash in Electricity Commission over PSC probe into lawyer Fonua’s alleged breach of employment laws

By
Kalino Latu
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The Interim CEO of the Electricity Commission (EC), Paula Tupou, and Commissioner Seinimili Tu’i’onetoa Fonua have clashed over an inquiry by the Public Service Commission (PSC) into an alleged breach of  employment regulations.

Fonua has opposed a move by Tupou to call a meeting to deal wth a request by the PSC into the legal status of Fonua’s employment contract with the commission.

It is understood the CEO of the PSC, Dr Lia Maka, has asked Tupou to provide her with information regarding  the times and dates Fonua attended the Commission’s affairs in her capacity as a commissioner and lawyer.

Kaniva Tonga has seen an e-mail apparently sent from Maka to Tupou which reads: “With reference to the Ms Fonua, I kindly request information as to the times she attends and length of days etc as in her contract Electricity Commission Affairs please.”

But when Tupou circulated an e-mail telling the Commission’s secretary to put the PSC request in the EC’s agenda, Fonua turned against Tupou.

Fonua said the EC should not deal with the request from PSC.

She implied that there had previously been a move to sack Tupou.

In Tongan she wrote: “Kapau na’e tali pe hono fakahifo na’a tau nounou.”

This translates into English as: “If his dismissal was approved we would not go this far.”

Fonua claimed the request by the PSC fell outside the Commission’s laws and what Tupou had requested.

In her reponse to Tupou’s request for the meeting,  Fonua said if the EC discussed Dr Maka’s request she wanted the EC to discuss what she claimed was Tupou’s lack of effort in having the Commission’s pension fund audited.

Tupou told Kaniva it had been about two weeks since the request from PSC, but the chairman of the EC had not called a meeting to consider the request.

As Kaniva reported last week, Fonua has sued Tupou for unruly behaviour in a public place.

It is understood six charges have been laid against Tupou.

Tupou alleged that for more than nine months Fonua, who is a civil servant, has been in breach of the Public Service Act 2010 section 19 which says “employees shall not engage in any paid employment outside the Public Service without authorisation from Cabinet or the commission for short term consultancy.”

Fonua is serving a three year term as Commissioner in the Electricity Commission, receiving a salary and meeting fees while she is also Deputy CEO of the Ministry of Public Enterprises.

Tupou claimed that when Cabinet appointed Fonua as a Commissioner in the Electricity Commission in October last year, she was still employed in the Legislative Assembly, a non-civil service body. The appointment was legal and proper, he said.

He claimed that when Fonua accepted employment with the Ministry of Public Enterprises on October 30 last year she breached the PSC Act and should have resigned immediately from the Electricity Commission.

Tupou also claimed that Fonua failed to comply with the requirement to disclose any interests requirements under the Act.

He said she should have declared her employment with the Ministry as a conflict of interest while she was a Commissioner.

For more information

Two at centre of probe into electricity body to face each other in court

Pursuing Games dream would be “stupid indeed” for Tonga says Justice Minister

By
Philip Cass
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Justice Minister, Sione Vuna Fā’otusia said today the Pacific Games Council had lost nothing from Tonga’s decision not to host the 2019 Pacific Games.

Hon Fā’otusia told Kaniva Tonga it would be stupid to host the Games when it could damage the country economically.

The Pacific Games Council has taken the government to court and is claiming millions of pa’anga in damages.

Lawyers Dr Rodney Harrison and Dr Sela Moa are working on the case.

Dr Harrison informed Lawyer Clive Edwards, who was representing Pacific Games Council,  on June 8 that he was representing the Kingdom of Tonga.

“This has been an unavoidable delay since service of the proceedings, while my client and specifically Cabinet investigated possible conflict of interest in term of choice of lawyers to represent the kingdom and ultimately resolved to appoint me in that capacity,” Dr Harrison said in a letter seen by Kaniva News. 

“This case if funny indeed as the Pacific Games Council did not lose anything at all from Tonga’s cancellation,” the Hon Fā’otusia said.

He said the only people who lost from the Games were the chief executive of Tonga’s Pacific Games Organising Committee, Lord Fred Sevele and his team who would have benefitted from being involved.

“Tonga is not in a position to spend millions of dollars in doing something that it is obvious not going to benefit the country.

“In fact, sport is dead in the island. Why be stupid and be hard-headed in pursuing a course of action that will put the country in harm’s way?

“Stupid indeed!

“We have to start with cultivation of sport in the country then thinking about hosting the Pacific games.  Maybe in the next 20 years or so?”

In 2016 the government announced it had sacked Lord Sevele, a former Prime Minister, in an attempt to improve management and cut costs.

However, Lord Chief Justice Paulsen overturned the dismissal.

The Pacific Games Council had argued that the dismissal was an infringement of the hosting contract.

Last year Lord Sevele said he and Prime Minister ‘Akilisi Pōhiva should work together to ensure that the 2019 Games were a success.

Samoa will host the Games next year, with the opening ceremony scheduled for July 8 and the closing ceremony on July 20. The First south Pacific Games were held in Suva in 1963.

For more information

Tonga’s Chief Justice re-instates Sevele

Lord Sevele calls for political unity, to get the 2019 Pacific Games back on track

Taumoepeau’s death ruled a suicide: Police

By
Kalino Latu
-

A Fijian medical examiner has ruled the death of a Tongan coach in Fiji was caused by suicide, after he was found dead at his boxing gym in Suva.

Tongan kāinga in Fiji posted photos and status on Facebook after they attended his funeral last week.

Sina ‘Aholelei Kami wrote: “Today we bid farewell to our Fiji boxing Champion and coach Tongan Napoleon Taumoepeau. Our condolences to the wife Angela and daughter Leila.”

Amatuer boxing coach Pauliasi Ratu had earlier said that Taumouepeau’s passing was a big loss for Fiji boxing, Fiji Times has reported.

Ratu and Taumoepeau had been part of the coaching panel for the national amateur boxing team.

Ratu had coached the boxers in the Pacific Mini Games in Vanautu last year while Taumoepeau coached Winston Hill and Jone Davule in the 2018 Commonwealth Games in Australia.

The death of the 41-year-old came after he had retired from boxing in November last year citing medical reasons.

Supreme Court convicts man with two names of falsely trying to obtain passport

By
Philip Cass
-

The Supreme Court has convicted a man of trying to falsely obtain a passport.

Mr Justice Cato found Taufa Fevaleaki guilty of making a false statement when he applied for a passport in June 2014.

He applied for the passport under the name Sosaia Taufa  Finau and did not disclose, as was required, any other names  by which he was known.

In interview he said the  name he had most used and been known as was Taufa Fevaleaki.

He said he had always had two names.

Evidence was given by an officer from the Ministry of Justice that there were in existence two authentic birth records  for  Sosaia Taufa Finau and for Taufa Fevaleaki.

The accused obtained an earlier passport R01574 in the name of Taufa Fevaleaki in 2002 and  had travelled quite extensively  on this between  2005  and 2011.

On March  18, 2012, however,  a no fly  order had been placed against him because of a court hearing relating to maintenance  payments.    This  passport  was  not  been   cancelled and expired in February 2015.

However, the stop order meant that he could not use this to depart from Tonga. This led him to apply for a second passport in the name of Sosaia Taufa Finau which he made application for on June 12, 2014, signing it as S T Finau.

Although all the details were filled out as personal details in the first part of the form that related to  personal identity, a box that related “to other names you  are known  by” was not completed.

“He admitted to the police officer who interviewed him that he would not have obtained the  passport had he told Immigration Tonga that he had a passport  in  the name of Taufa Fevaleaki,” the judge said.

“I infer from this that he deliberately did not insert the name Taufa Fevaleaki in the passport application because he well knew the likelihood they  would search to  see whether  there  was  a  passport  issued  under  this  name.

“His motivation  was  plainly  to  obtain  a  passport  under   his   second name and it  is  also  plain  beyond  any  reasonable  doubt that he signed this application knowing full well that it was incomplete and accordingly false.

“I find all essential elements established on this charge beyond reasonable doubt and he  is convicted  to  await sentence.”

Tongatapu man arrested after drug bust, 10 grams of meth seized

By
Kalino Latu
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A 34-year-old man has been arrested after 10.34 grams of methamphetamine were seized from a Hōfoa property following a drug bust this morning Wednesday 1 August 2018, Police said

Police also seized cash, electronic devices and Tongan fine mats.

The methamphetamine seized has an estimated street value of about  TOP$10,000.

“As demonstrated by this arrest, we continue to focus on capturing and prosecuting those responsible for the harm these destructive drugs cause to youths, families and our community,” said Siosifa Lātū, Acting Police Commander at the Central Police Station.

“We encourage anyone who may have information about drug related offending to contact their nearest Police station or contact 23417 or 922.”

The suspect is in police custody while investigation continues.

Pouhila, Fale will be deported after serving their sentences in New Zealand

By
Kalino Latu
-

Two Tongan rugby players have been sent to jail in New Zealand after they got involved in a violent incident.

They will be deported after serving their sentences because their working visas had been expired

A violent incident during a night of partying at Twizel in November resulted in two Kurow and former North Otago rugby representatives Petelo Pouhila, 22, and Juris Harvard Fale, 24, being jailed on Friday.

They appeared before Judge Joanna Maze for sentencing in the Timaru District Court on charges related to the incident that left three men injured, two of them seriously, NZ Herald has reported.

Pouhila, who was last week named North Otago club rugby player of the year, had earlier pleaded guilty to charges of wounding with intent to cause grievous bodily harm and careless driving causing injury.

Fale had previously pleaded guilty to charges of injuring with intent to injure and assault with intent to injure.

Pouhila was sentenced to three years and six months in jail on the charge of wounding with intent and was convicted and disqualified indefinitely on the charge of careless driving. Fale was sentenced to a total of 13 months in prison on both charges.

A supporter of the two men in the public gallery shouted at them to “be strong” as they were led from the courtroom.

A police summary of facts said both men were at a party with more than 20 others at a Twizel house on November 12 when a fight broke out between several people, and quickly escalated into a large brawl.

Fale became involved in the fracas, which spilled out on to Mackenzie Dr.

During the fight, Pouhila got into a white Honda Civic and drove to help Fale, despite several people trying to stop him.

While driving at speed Pouhila swerved towards a group of pedestrians walking on the road and intentionally struck one of them.

The victim suffered serious injuries, including a broken eye socket, when he bounced off the car and landed on the road.

He also suffered swelling and bruises to both knees.

The second victim smashed the driver’s window of the car after his friend was struck, before he was knocked unconscious by a punch to the head from Fale.

He also suffered a fractured foot and spine and shoulder injuries, which hospitalised him for several days.

Pouhila then turned his vehicle around and accelerated towards the first victim and struck him a second time, before fleeing the scene in the vehicle and parking at an associate’s address.

The third victim was injured while he was assisting the first victim.

While cradling the first victim’s head, Fale approached him.

When Fale was asked if he injured the first victim, he responded by punching the third victim in the head twice before he fell and hit his head on the road.He suffered a broken tooth and sustained a cut to his face and alump to his head.

The first and second victims were flown to Dunedin Hospital.

When spoken to by police Pouhila said the first victim jumped in front of his car and that he was not aware the second victim had been struck.

Fale offered no explanation for his actions.

As the working visas of both Pouhila and Fale had expired they faced deportation when released, Judge Maze said.

Kurow Rugby Club president Ross Paton declined to comment.

North Otago Rugby Football Union chief executive Colin Jackson was unable to be reached last night.

Both Pouhila and Fale were instrumental in Kurow’s run to the Citizens Shield final against Valley, won by the latter 28-22 last Saturday.

Pouhila has played seven games for North Otago and Fale three. Both were members of the 2017 Heartland Championship squad.

Education, seeking advice, led to family business winning first prize again

By
Kalino Latu
-

Education, accessing to a Pacific database and seeking help from friends led a family business to win first prize during Tonga’s national fishing show.

The North Star Fishing company was awarded first prize for the highest catch of bottom line deep-sea fish for the domestic market over the weekend during the Tongatapu Royal Agriculture, Fisheries and Tourism Trade Show at Funga Manamo’ui.

His Majesty King Tupou VI opened the show on Saturday, July 28.

Last year the fishing company was awarded first prize for the highest exporter of bottom line deep-sea fishing.

The owner of the fishing company, Kulufeinga ‘Anisi Bloomfield, said the success was the result of a collaborative effort by Government ministries, organisations, trading partners, and donors.

“On behalf of North Star Fishing (NSF), I would like to thank you all for the assistance provided to our small family business to develop to where it is now,” Kulufeinga said.

Kulufeinga said he was glad to see his business was successful and that his plan went smoothly as planned since the beginning.

He said the biggest problem his business had faced was the lack of markets for their catch.

The former Tongan government CEO said while he was employed as Head of the Oceania Customs Organisation Secretariat in Fiji in 2006 he had the chance to lead some major projects for the development of the Pacific Islands countries.

He said he found out fishing was a large industry with plenty of opportunities.

Kulufeinga said he began researching and talking to some friends including Eddie Palu from Pacific Sunrise to see if this was a business he could start with his family.

“Based on the information I gathered from these consultations and my own research  I decided my family will start a fishing business,” he said.

He said he also decided to push his wife and children’s education in areas which they could be able to help the business in the long run.

His wife ‘Ēlina was graduated in 2017 from the University of the South Pacific with a PhD in Environmental Policy.

They were both formerly high school teachers.

Their eldest daughter held a Master of Commerce in Professional Accounting and was the business’s Financial Manager.

Their second daughter held a Master in Fisheries Policy and was the business’s Operation Manager.

Their third and fourth children are still at the university studying Electrical Engineering and Mechanical Engineering.

New Zealand Police issues email scam warning

By
Kalino Latu
-

Police are warning about a current email scam asking recipients to pay up or have personal details exposed to friends and family.

Police have received reports of the scam from several victims.

The email states that malware has been installed on the recipient’s device and has captured information about them including a password, along with potentially embarrassing footage.

Anyone who receives an email of this nature is advised to report it to their local Police as soon as possible.

If you have any doubt about a call, email or approach, it is more than likely it is a scam.

Information on current scams that are operating can be found on the Ministry of Consumer Affairs website: http://www.consumeraffairs.govt.nz/scams

Anyone who believes they are a victim of a crime, in person or online, should report the matter to their local Police.

Netsafe and Consumer Protection NZ provide helpful advice and information about keeping safe online on their websites.

Tongan exporter aims to meet Chinese order for hundreds of tonnes of squash

By
Philip Cass
-

Despite damage caused by Cyclone Gita, Tongan exporter Nishi Trading believes it will meet a 600-700 tonne order from China.

According to local press reports, projections for squash exports to China showed a steady increase over a three year period.

A trial shipment of 24 tonnes was sent in 2016, with 248 metric tonnes shipped last year.

As Kaniva Tonga reported at the time, China imposed tough standards on exports after an inspection uncovered problems with quality control, hygiene and pest control.

The Chinese also said quarantine officers needed more training.

Tonga also exports squash to Japan and Korea and vanilla to New Zealand and Australia where it is used in specialty food products.

Tonga shipped more than 22,000 tonnes at the beginning of the century before competition drastically reduced its share if the Japanese market.

At its peak, more than 800 Tongan farmers produced squash for export to Japan.

Nishi Trading said it had more farmers growing for them this year than last.

For more information 

Export demand increases for Tongan squash

Squash shipment to China may prompt more local growers to join market

‘Ālisi Taumoepeau patron for police recruits

By
Kalino Latu
-

A former Minister of Justice, Attorney and Solicitor General of Tonga has become a patron for the latest wing of police recruits.

‘Ālisi Taumoepeau said Police have to work according to the rule of law.

Police must act professionally to retain public confidence, she said.

“Police officers are at the frontline and forefront of fighting crime. Your mission in keeping our communities safe and that protection is built on the ‘rule of law’,” Taumoepeau said.

As patron she’s both mentor and coach for the 28-strong 45th wing.

Taumoepeau started at the Longolongo Police College on Thursday 19.

“During the course of the Recruitment the Patron will spend time with the young recruits providing encouragement and motivation for the task ahead of them,” a Police statement said.

Recruits spend six months in residence at the college

The wing is made up of 10 women and 18 men.

They will be graduated on the second week of October 2018.

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