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

By
Kalino Latu
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Leaked emails appeared to show Public Service Association (PSA) General Secretary Mele ‘Amanaki feared that an unpaid debt to a local lawyer could affect a court case involving  Prime Minister ‘Akilisi Pōhiva in Nuku’alofa.

Hon Pōhiva and the PSA are plaintiffs in a court battle against Princess Pilolevu’s Tongasat company which began in Nuku’alofa today.

As Kaniva News reported last night, the court case stemmed from a dispute over a payment of US$25,450,000 made by a former Tongan government to Princess Pilolevu Tuita and her Tongasat Satellite company.

The defendants were Tongasat and the government of Tonga.

The plaintiffs were being represented by New Zealand lawyer Dr Rodney Harrison.

Hon Pōhiva and the PSA argued that the payment to or for Tongasat was unlawful within the meaning of the Public Finance Management Act.

The plaintiffs owed TP$7,025.55 to lawyer Laki Niu as legal fees.

‘Amanaki claimed they could not pay Niu’s fees and that funding they raised from the public in 2014 to help pay the legal fees had been exhausted.

There had been a call for ‘Amanaki to provide an audited financial statement of the money which was understood to have been deposited under the National Solitary Fund trust.

The fund, which was believed to be more than TP$20,000 was raised by Kōmiti Ma‘a e Kakai and was led by ‘Amanaki and Hon Pōhiva.

‘Amanaki has apologised to Lawyer Niu for what she had described as their “shortfall”, according to an e-mail seen by Kaniva News.

‘Amanaki was contacted for comment.

‘Amanaki has asked Hon Pōhiva’s daughter Teisa to ask Hon Pōhiva to discuss the matter with Dr Harrison when he arrived in Tonga last week.

“Please kindly let Ákilisi know of the following regarding Lakí Niu’s legal fees of $7,025.55 to be paid as per attached invoice,” ‘Amanaki told Teisa in an email

She said Ófa Pouono was Dr Harrison’s local agent for their legal case CV48 (PSA & Ákilisi) and also CV68 (Keleá, Mateni, Lautala & Staff and PSA – this is when Mateni published a letter from the Ministry of Revenue on Tonga’s tax arrears.

“Ófa advised in early 2015 that he was migrating overseas, so Mateni requested the services of Laki Niu and Rodney was advised of the changes of the local agent.

“Around October 2015 the Chief Justice had ruled that there is a case for CV48 (which the hearing will start next Monday) and for Gov’t & Tongasat pay for our legal fees (for CV48).

“Subsequently, Tongasat withdrew its charges against CV68 (Keleá & PSA).” ‘Amanaki said.

“I had requested to Rodney to include Laki Niu’s fees in his negotiations with Tongasat & Government for CV48.  I had also had requested to Rodney as per understanding with Ákilisi & Mateni to ask Rodney to also include our local expenses paid from the National Solidarity Fund in his negotiations to be reimbursed.

“Somehow during the course of Rodney’s negotiations something had gone wrong.  i.e. he had meant in his submissions and agreement with Gov’t & Tongasat’s counsels that his fee was $23,000+ each for Gov’t & Tongasat = $46,000.  Unfortunately, the Chief Justice minutes read that the total fee was only $23,000+ instead of $46,000.  This negotiation took place in 2016 and was paid only around May 2017.  The amount was paid to PSA account and we had transferred the funds to Rodney accordingly.

“Before transferring the legal fees fund to Rodney, I had asked him Laki Niu’s fees and the reimbursement of our local expenses.  Rodney said that he did not negotiate for either and Laki Niu’s fee is our responsibility and the fact that Laki had only sent his invoice to Rodney around August 2017.

“For CV68, Rodney has negotiated and agreed with Tongasat (Govt is not part of this case) as per Chief Justice minute in 2016 that the legal fees if I recall correctly is around $46,000.  Tongasat has not paid this to date to PSA’s account nor directly to Rodney.

“Rodney cannot include Laki’s fees when he had not received his invoice.”

In response, Teisa, who is also a lawyer, told ‘Amanaki she would convey her e-mail to Hon Pōhiva, including her assertion that Laki’s fees of $7,025.55 were not included in claims to be paid by Tongasat because Laki was late in submitting his fees to Harrison.

She would also tell Hon Pōhiva the National Solidarity Fund was empty.

“Just to help things out and for ease of references and discussions, I would recommend a thorough and detailed financial report of the National Solidarity Fund (if not already done) so that when PM raises the issues with Harrison and all relevant parties, there are written financial statements to refer to,” Teisa told ‘Amanaki

‘Amanaki told Teisa and other e-mails recipients that trying to pay Niu’s fee would be difficult.

“Now our problem is how are we going to pay for Laki Niu’s fees of $7,025.55,” ‘Amanaki wrote.

“PSA does not have the funds for this payment.

“Our National Solidarity Fund from the fund raised in 2014 is finished.

She then made some recommendations including:

“We ask Rodney to take Laki’s fees from Tongasat’s fees for CV46 which is $46,000;

“We write a letter to Tongasat to settle this long overdue legal fee as soon as possible (“asap”).

She also asked Hon Pōhiva’s son Po’oi and Teisa: “Please let Ákilisi know of this so he can discuss it with Rodney.”

For more information

PSA head rebuts Kele’a newspaper’s attacks as petition to investigate Cabinet submitted

Man arrested over fatal hit and run in Tongatapu

By
Kalino Latu
-

A 52-year-old man from Tatakamotonga, died after he was hit by a vehicle on Taupī rd early Friday night 15 June.

The driver failed to stop after the accident.

Police have now confirmed they have arrested and charged a driver over the incident.

A 22-year-old man has been charged with failing to stop and ascertain injury and will is set to appear in a Magistrate court.

“The family of the deceased when he failed to return home went to check on his whereabouts and found him lying on the roadside of Taupi Road along with his bicycle,” Acting Superintendent Sisi Toutai Tonga said.

This latest fatal incident brings the total number of deaths on the road this year to 15.

“Accident like this is preventable and we all need to do our part to reduce deaths and injuries on our roads,” Tonga said.

Tonga Police would like to send their condolences to the family of the deceased.

The suspect is under police custody while Investigation continues.

Court orders family to vacate land after bringing down verdict in dispute

By
Philip Cass
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The Lands Court has ordered a family to vacate a block of land after it found they were living there illegally.

Havea Hikule’o Fonua was granted a town allotment at Kolofo’ou known as Sila’a.

He inherited Sila’a as heir following the death of his parents. For a time Havea was also registered as the holder of another town  allotment that he had been  granted earlier,  known as Feingaola.

When this was discovered by the Ministry of Lands, Havea was told that he had to surrender Feingaola. Feinagola was then granted to ‘Alifeleti ki Ha’angana

This action arose because Havea’s brothers Fifita and ‘Alifeleti, were given permission to live temporarily on Sila’a by Havea, but then refused to leave.

Havea and his son, Nafetalai Fifita Niua Fonuai, sought an order evicting Fifita and ‘Alifeleti from Sila’a. They also sought the cancellation of ‘Alifeleti’s registration of Feingaola in favour of Nafetalai who they say should have succeeded to Feingaola as Havea’s heir.

Fifita and ‘Alifeleti argued that Havea could not lawfully hold two town allotments at one time and the grant to him of Sila’a was void under Section 48 of the Land Act.

In his summary of the case the judge said it appeared Havea was not required to complete an heir’s affidavit when claiming Sila’a and the Ministry was not then aware that he already held Feingaola.

“There was nothing sinister about this,” the judge said.

“Havea impressed me as an honest witness with an imperfect knowledge of Tongan land law.

“He understood that he was not allowed to hold two town allotments and that upon claiming Sila’a he would have to surrender Feingaola.

“However, he mistakenly thought that he was able to decide to whom Feingaola would be given. He offered Feingaola to his brother in the United States who did not want it.

“When the Ministry of Lands became aware that Havea held Feingaola he was told that he had to surrender it. Havea then decided to give Feingaola to ‘Alifeleti as he did not have any land of his own. It does not appear that anyone considered at the time that Havea’s grant of Sila’a was defective or that Nafetalai, not ‘Alifeleti, should inherit Feingaola.”

Havea wrote to the Minister on January 4, 2012, asking that Feingaola be transferred to ‘Alifeleti.

On receipt of Havea’s letter the Ministry regarded Feingaola as having reverted to the Crown.

‘Alifeleti applied for Feingaola on 9 May 2012 and it was granted to him on 12 October 2012.

In around 2012, Havea asked ‘Alifeleti to live on Sila’a and look after the property for him. Around  the same time, Fifita asked Havea if he  and  his  family could live on Sila’a and Havea agreed.

Havea said the arrangement he had with Fifita and ‘Alifeleti was that they would live on Sila’a free of charge on a temporary basis until he wanted it back.

In 2016, Havea asked Fifita and ‘Alifeleti to vacate Sila’a. When they did not do so he had his lawyer, Mrs. Vaihu, write to them in January 2017 requiring them to leave by 1 March 2017.

On 22 February 2017, Fifita’s lawyer, Mr. Corbett, wrote to Mrs. Vaihu. He asserted that Netane  and  Mele  had  wanted Sila’a  to be subdivided for their four sons and sought the division of the land in accordance with the parents’ wishes. He advised that Fifita would not vacate Sila’a without  a  Court order.

Having considered the evidence and legal precedents, the court ordered that Fifita and ‘Alifeleti and members of their families and anyone else occupying Sila’a with their permission or consent are to immediately vacate Sila’a.

They were ordered to leave behind  any possessions of Havea, including the main dwelling house  and  all its fittings.

The court ordered the Ministry to cancel ‘Alifeleti’s deed of grant  for Feingaola.

Nafetalai now had to apply for Feingaola.

Havea and Nafetalai were entitled to costs.

Dispute over multimillion dollar transferred to Princess Pilolevu, Tongasat heads to Supreme Court

By
Kalino Latu
-

The dispute over a payment of US$25,450,000 made by a former Tongan government to Princess Pilolevu Tuita and her Tongasat Satellite company will be heard in court on Monday next week.

The money was paid by the Republic of China to the Government of Tonga in May 2011 and paid to or for the benefit of Tongasat in around June of that year.

Prime Minister ‘Akilisi Pōhiva argued that the payment to or for Tongasat was unlawful within the meaning of the Public Finance Management Act.

Hon Pohiva, who began the case in 2013 when he was in opposition, and the Public Service Association (PSA) wanted Tongasat and the Princess to pay back the money to the government.

Kaniva News understands the lawyer for Hon Pohiva and PSA, Dr Rodney Harrison from New Zealand has arrived in Tonga this evening.

The hearing on Monday comes after Hon Pōhiva won a legal fight with Tongasat in May 2017 over the refusal of the company to release documents regarding the transfer of the money.

At the time, the Lord Chief Justice Owen Paulsen ordered that Tongasat and the Kingdom of Tonga clearly state what documents they had relating to the transfer of Chinese money to Princess Pilolevu’s company.

Tongasat argued that it had an Exclusive Agency Agreement with the Kingdom to market and manage the licensing and  frequency  assignments of orbital slots registered by the Kingdom with the International Telecommunications Union.

In its submission to the Supreme Court it claimed a dispute had arisen with China Electronic System Engineering Company (CESEC), a corporation associated with the People’s Republic of China (PRC), over its unlawful use of the orbital slot at 130°E.

Tongasat said it concluded on behalf of the Kingdom a settlement with CESEC under which CESEC would pay US$49,900,000 in two tranches of US$24,451,000 on 31 July 2008 and US$25,449,000 on 31 December 2010 and that Tongasat was to receive 50%  of  the  first  payment and, subject to further negotiations, ·50% of  the  second  payment.

Tongasat alleged that at the request of CESEC and the Chinese government the money was recorded as aid grant money and not as settlement of the dispute.

This was for reasons of ‘State discretion,’ but in the knowledge that it was really a payment for the unlawful use of the orbital slot.

The judge criticised the satellite company’s defence.

“The logic underlying Tongasat’s statement of defence is sometimes difficult to follow,” he said.

“There are important pieces of the jigsaw missing.”

For further information

The Princess, the PSA, Pohiva and the Chinese millions set to go back to court

Tonga beat Samoa 28 – 18

By
Kaniva Staff
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REUTER: Tonga scrumhalf Sonatane Takulua has orchestrated his side’s 28-18 victory over Samoa in their Pacific Nations Cup rugby union clash in Suva, Fiji.

Takulua contributed 13 points with the boot on Saturday, while his tactical kicking kept Samoa pinned in their own territory for much of the game and set up a second-half try to replacement winger Penikolo Latu.

Viliame Lolohea and former NRL player Cooper Vuna also scored first half tries for the Tongans, who were beaten 16-15 by Georgia last week.

Samoa, who lost 24-22 to Fiji in the opening round of fixtures, again made numerous basic handling errors and had few opportunities to score against a strong Tongan defence.

The Samoans were presented with an opportunity to claw back their 28-6 deficit when Tonga were hit with a succession of penalties and three yellow cards in the last 15 minutes.

Tonga’s replacement hooker Seta Sakalia was the first to be marched for a professional foul in the 68th minute, and the Samoans capitalised with a long-range Ed Fidow try.

Paula Ngauamo, who had to come back on for Sakalia, was then sinbinned in the final minute for a no-arms tackle before Sitiveni Mafi got a yellow for a professional foul long after the fulltime hooter that allowed Samoa’s Melani Matavao to cross.

Fiji and Georgia face off for the Pacific Nations Cup title at the same Suva venue later on Saturday.

PSA boss accuses critics of signing petition using “swear words; ” signatures in question

By
Kalino Latu
-

Public Service Association boss Mele ‘Amanaki has accused Democrat supporters of writing swear words in her petition for an investigation into Prime Minister ‘Akilisi Pōhiva and six other ministers.

She said these swear words had been signed as names of petitioners on her petition.

Meanwhile, there were complaints on Facebook by some concerned Tongans who said the names of dead family members appeared as signatures on the petition.

Amanaki said they would launch a complaint with the host of the online petition website to investigate those people who abused her petition.

She said anyone who signed the online petition registered their email addresses with the website.

“I can get [them] to verify who emailed over,” she said.

Amanaki was commenting in response to a post on Facebook by Tnews producer and reporter Sētita Tu’i’onetoa in which she had tagged Kaniva Tonga editor, Kalino Lātū.

Tu’i’onetoa said in Tongan: “…Koe ‘elito oe Tohi tangii ke fk hifo ae PM moe kau Minisita e toko 7 he kuo hala enau fkhoko fatongia.”

This translates into English as: “…the crux of the Petition was to overthrow the PM and seven other ministers because they did things which were wrong in their responsibility.”

In response ‘Amanaki wrote in Tongan: “Maloo Setita [Tu’i’onetoa]. Kataki toe fanongo lelei pea toki lipooti Na’e ‘ikai toko 8 na’e launga’i pea na’e ikai kau e Palemia he launga’ii koe kau Minisitaa kotoa pe…”

This translates into English as : “Thank you Setita. Please listen carefully before you report. The petition was not against 8 (ministers) and there was no complaint against the Prime Minister it was just all against ministers only.”

‘Amanaki’s response surprised Tu’i’onetoa, Kaniva News and some critics last night who followed Tu’ionetoa’s comment.

“Did I say 8?” Tu’i’onetoa replied.

She also asked in Tongan whether the petition was changed to remove the name of the Prime Minister.

“That’s funny,” Tu’i’onetoa said in Tongan.

Kaniva news asked ‘Amanaki to clarify her comment.

‘Amanaki responded by listing in Tongan the names of the ministers she complained about as:

(i) Minisitā Ako & Ako Ngāue mālōlō´, Minisitā Fakalotofonua mālōlō´, Minisitā ki Muli´ moe Minisitā ki he Komisoni ‘a e Ngāue Fakapule‘anga´ (Samuela ‘Akilisi Pōhiva),
(ii) Minisitā e Ngaahi Potungāue Lalahi´ & Takimamata´ (Semisi Sika),
(iii) Minisitā Pa‘anga´ (Pōhiva Tu’i’onetoa),
(iv) Minisitā Ako & Ako Ngāue´ (Penisimani Fifita),
(v) Minisitā Polisi´ mo e Minisitā Tukuhau & Kasitomu´ (Māteni Tapueluelu),
(vi) Minisitā Lao´ & Pilisone (Sione Vuna Fa‘otusia), mo e
(vii) Minisitā Fefakatau‘aki´, ‘Ilo Fo‘ou´ & Ngaahi Ngāue ‘a e Kakai´ (Tevita Tu’i Uata).

The list named Hon Pōhiva with his titles as former Minister of Education, Minister of Internal Affairs, Minister of Foreign Affairs and Minister for the Public Service Commission and not as a Prime Minister.

The list shows seven ministers altogether including Hon Pōhiva.

‘Amanaki appeared to have avoided referring to Hon Pōhiva as Prime Minister when she responded to Tu’i’onetoa on Facebook for reasons that are still unclear.

But critics quickly accused her of being unable to make up her mind.

One critic said that from the beginning of the petition campaign ‘Amanaki mentioned Hon Pohiva as Prime Minister as one of those she petitioned to be investigated and now she said he was not.

“We have “taken off” names in swear words which was entered by PTOA (Paati Temokalati ‘Otumotu Anga’ofa -  The Friendly Islands Democratic Party) supporters and we have asked the petition website to follow up with the email addresses to find out who had provided those names and will give them to you to look at hhhhh…they are just PTOA,” ‘Amanaki said.

The petition was strongly backed by unsuccessful parliamentary candidates and some de facto Democrat MPs.

The petition was tabled in Parliament on Thursday.

It alleged the Prime Minister and his cabinet colleagues breached the constitution.

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

It also proposes the impeachment of six Cabinet Ministers, including Hon Pōhiva.

For more information

PSA head rebuts Kele’a newspaper’s attacks as petition to investigate Cabinet submitted

 

Gov’t sets aside $107 million in new budget to support post-cyclone recovery

By
Kalino Latu
-

The government has set aside TP$107.32 million in its 2018/19 budget to help the country recover fully from the effects of Cyclone Gita.

The money will be spent over the next three years. The government will spend TP$59.56 million in the 2018 – 19 fiscal year; TP$33.88 million between 2019-20 and TP$13.88 million in 2020-21.

The Minister of Finance, Pōhiva Tu’i’onetoa, said in a summary of the budget statement written in Tongan, the money was part of the government’s TP$659.3 million allocation, which included TP$476.8 million cash and in-kind donations of TP$182.5 million.

Hon Tu’i’onetoa said the budget had been created based on the idea that the recovery process after the Category 4 tropical cyclone would be pushed until it reached an acceptable level.

The estimated cost of damages caused by tropical cyclone Gita reached $328.8 million.

In other budget news, foreign remittances were TP$332.5 in February 2018, a rise on the  TP$284.2 million reported for 2016-17.

There was an increase in the number of tourists coming to Tonga, with a 16.4 percent rise reported by the Minister to the House yesterday. It was recommended that the Ministry of Tourism look for more cruise ships to come to Tonga.

According to the Minister’s statement, salaries and wages of civil servants account for 52 percent of the budget.

The Ministry of Education take the biggest share from the budget. The government subsidy to non-government schools will be increased by TP$7 million.

The Ministry of Health had the next highest share of the budget.

Government debt is mostly to overseas lenders. It said the expected changes to the money exchanges rates threatened the situation, especially because payments were made in US dollars.

To resolve this situation the government undertook to only borrow money for the government’s big projects, with loans that could be repaid at very low interest rates.

The House is expected to discuss the budget statement and approved it before the beginning of the new fiscal year on July 1.

New secretary of Foreign Affairs appointed

By
Kaniva Staff
-

Mahe ‘Uli’uli Sandhurst Tupouniua has been appointed as the  Secretary of the Ministry of Foreign Affairs.

Public Service Commission announced today that Tupouniua would take on the role today June 14 for a period of four years.

Tupouniua was first appointed as a civil servant in 1990 to the Ministry of Foreign Affairs where he held various positions including Secretary for Foreign Affairs from 4 January, 2011 for two years.

He has served as an Ambassador Extraordinary and Plenipotentiary of the Kingdom of Tonga to the People’s Republic of China, United States of America and Cuba.

Prior to taking up his second appointment as Secretary for Foreign Affairs, Tupouniua was the Ambassador and Permanent Representative of the Kingdom of Tonga to the United Nations, New York.

Tupouniua holds a Master of Arts in Foreign Affairs and Trade from the University of Monash, Australia, a Bachelor of Science in Business Administration from the University of Phoenix, United States of America and a Bachelor of Arts from the University of Auckland, New Zealand.

“The Public Service Commission welcomes Mr Mahe ‘Uli’uli Sandhurst Tupouniua appointment as the Secretary for Foreign Affairs and wishes him a successful and fulfilling term in Office.”

Gov’t gives out $4.8 million to 6,996 households affected by cyclone Gita

By
Kalino Latu
-

The government has given out TP$4.8 million to 6996 owners of houses which were damaged by tropical cyclone Gita four months ago.

The distribution of the money on June 12 came after a survey carried out by the Department of Statistics in March 2018 was completed.

The damage caused by the cyclone was classified into four main categories.

Category one covers houses which were totally destroyed.

Category two covers houses which extensively damaged to the point where the roofs and walls were torn apart and destroyed.

Category three and four cover houses which had “minor and minimal damage” meaning the structure of the houses remained intact and they were still liveable.

The people whose houses fell under category one received $3000 each,

Those whose houses came under category two received $1500 each.

Those whose houses fell under category three and four received $500 each.

The government said of the 6996 houses surveyed, 6193 houses were damaged in Tongatapu while 546 were affected in ‘Eua.

It said the government built 257 temporary housing units for some victims under Category One so they could stop living in tents. Of the 257 houses built, 230 were in Tongatapu and 27 in ‘Eua.

The Minister of Finance, Pōhiva Tu’i’onetoa, told Kaniva news the survey contained some technical errors.

This included houses which were damaged, but were not listed to receive funding.

The town and district officers were asked to report these people so they could be given the correct amount of donations.

Some names had been mistyped and work to resolve this was expected to be completed by this week.

“All in all the people were happy with the money they received to help them,” the Minister said.

The Ministry of Infrastructure, Finance, Internal Affairs and Department of Statistics were working together on this project.

Overseas aid

As Kaniva News reported in March, the National Emergency Management Office (NEMO) announced that all of the TP$52.6 million donated to Tonga by overseas donors would be spent on the recovery process.

NEMO said TP$23.6 million in cash had been deposited in the government’s cyclone Gita’s bank account, with TP$2 million deposited into its normal account.

Cabinet had allocated TP$21.4 for the Cyclone sub-committee to help the recovery process.

It said the money would be spent on specific areas including shelter, education, food and security, and communication.

The smallest allocation, TP$200,000, will go to communications with the largest outlay, TP$7.7 million, going to essential services, including electricity maintenance.

Donor money allocated to cyclone recovery, but rebuilding yet to be budgeted

Three teens arrested after Central Auckland violent attack

By
Kaniva Staff
-

Police have arrested three teenagers in relation to a violent assault of two men in Auckland’s CBD on 5 May 2018.

The two male victims were violently assaulted and rendered unconscious in what was a completely unprovoked and frightening attack on Queen Street.

Three 17-year-old males have all been charged with two counts of injures with intent to cause grievous bodily harm.

One of the males also faces an additional charge of assault with a weapon.

Two of the alleged offenders have since appeared in Auckland District Court where they were remanded on bail until their next court appearance on 13 June 2018.

The third male will be appearing in the Youth Court.

Detective Tom Malcolm says Police worked tirelessly on this investigation and cannot rule out the possibility of further arrests as enquiries continue.

“I would like to thank members of our community who came forward with vital information which has allowed to Police to identify those allegedly involved.

I would also like to acknowledge Police Ten 7 for their assistance.”

“Thankfully, the victims are expected to make a full recovery and we hope these arrests provide them with some degree of comfort in what has been a trying time for them.

Every person has the right to go out and enjoy a night out without fear of being attacked,” says Det.

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