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Panel of judges reduces armed robber’s sentence, say guilty plea should be considered

By
Philip Cass
-

An armed robber has had his sentence reduced after a successful appeal in the Court of
Appeal.

In 2008 Samuela ‘Alatini pleaded guilty to charges of robbery, armed robbery and
conspiracy to commit armed robbery, causing grievous bodily harm and various firearms
charges. He was originally sentenced to 15 years in jail.

A suspended sentence of three years was activated, extending his sentence to 18 years.
In February this year the Lord Chief Justice granted the appellant leave to appeal out of
time.

The robbery took place on March 20, 2008. ‘Alatini, accompanied by ‘Opeti Fekau, followed a vehicle until it stopped at a shop. ‘Alatini threw the victim out and got into the driver’s seat.

Fekau got into the front passenger’s seat. They drove off with a bag containing cash of $6000, recharge cards to the value of $1000 and a digital camera valued at $400.

The armed robbery took place six days later. ‘Alatini, Fekau and three rented a car and
changed its appearance.

The following day they staged a robbery outside the Westpac Bank
at Kolofo’ou. ‘Alatini and Fekau, who were armed with shotguns, tried to take a handbag
from a girl, who resisted.

One of her colleagues tried to help her and ‘Alatini shot him in the
thigh.

The robbery netted the thieves $3000 and a mobile phone worth $375.

When they were arrested, all five pleaded guilty. ‘Alatini was sentenced to 15 years and an
existing suspended sentence to his sentence to 18 years.

‘Alatini’s appeal against his sentence was considered by a panel of three judges. In their
report the judges said they considered the sentence of 15 years was too high and that a
starting point of 10 years should have been used to determine the length of sentence and
that ‘Alatini’s guilty plea should be considered.

This reduced his basic sentence to nine years and nine months.

With the addition of the three years suspended sentence, the judges ruled that ‘Alatini
should serve 12 years and nine months.

Fifita refuses to back down on ban on girls boxing and playing rugby

By
Philip Cass
-

Education Minister Penisimani Fifita has refused to back down over his ban on girls boxing or playing rugby at Tonga High School.

And now he is blaming female anatomy for his stance.

“You know that there are some female parts – I think I don’t have to go on,” he said.

Fifita claims any disagreement with his views is based on cultural differences.

“So you are talking from a different culture to a different culture,” he told Radio New Zealand International..

“Here is what we have looked at. Only the girls at Tonga High School are not permitted to play rugby and also to engage in boxing.”

Penisimani Fifita said the ministry also planned to stop all sports at all government schools for the rest of the year so that students can catch up the time lost because of Cyclone Gita.

He said he would take a paper to Cabinet to explain his position.

As Kaniva News reported on the weekend, Prime Minister ‘Akilisi Pohiva disagreed with the Minister’s decision.

He said the decision was not in line with his government’s policy.

“It is the Government’s responsibility to provide opportunities for all the students to participate in all sports,” the Prime Minister said.

“It is for the individual students and their parents to decide whether or not they should participate in a particular sport like rugby and boxing.”

Meanwhile, the Tonga Commonwealth Games Association has confirmed female boxer  Magan Maka as Tonga’s Flag Bearer for the XXI Commonwealth Games opening ceremony.

Miss Maka, who is coached by her father, Fili, will compete in the female 69kg division.

This will be the first time female boxing has been featured in the Games.

Tonga Boxing and TASANOC are also worked to secure her release from New Zealand Boxing and approval from the International Federation (AIBA).

Lord Tu’ivakanō faces further charges as fraud trials adjourned

By
Kaniva Staff
-

Prosecutors said further charges would be considered against former Prime Minister and Speaker Lord Tu’ivakanō who was accused of numerous offences relating to passport fraud, bribery and money laundering.

The king’s noble will face additional counts relating to unlawful possession of a firearm, the Magistrate Court was told yesterday Monday 26.

Lord Tu’ivakanō appeared at the Fasi Magistrate court before Magistrate Sālesi Mafi and he was ordered to reappear in court on April 26.

Crown prosecutor ‘Aminasi Kefu requested the delay to allow additional information to be prepared by Police.

Meanwhile, the Minister of Internal Affairs and her husband former cabinet minister ‘Etuate Lavulavu appeared before Magistrate Mafi.

They were charged after irregularities uncovered in a 2016 audit of the ‘Unuaki ‘o Tonga Royal Institute, of which Mrs Lavulavu was a director.

‘Etuate was the founder of the school.

They were ordered to reappear in court on May 26.

Tokaikolo church wins court appeal over land lease and property ownership

By
Kaniva Staff
-

The Court of Appeal has allowed Tokaikolo church members to reoccupy and own a land and properties in Kolomotu’a.

This means members of the Mo’ui ‘Ia Kalaisi fellowship who broke away from the church in 2014 have to move out within 21 days.

The decision last week came after a dispute over the ownership of a church and other buildings at Kolomotu’a and entitlement to a lease of the land on which they stand.

As Kaniva news reported, a Land Court decision in 2017 has awarded  Mo’ui Foʻou ‘ia Kalaisi Fellowship the lease of lands at Kolomotuʻa which have been the subject of a protracted battle between its members and members of the Tokaikolo church.

The Tokaikolo Church wanted a declaration that the land on which the church stands,  the  church  itself  and  its  furnishings and two houses were the property of Tokaikolo and an order that vacant possession of the same be given.

In his ruling in the Land Court in 2017, Mr Justice Scott said he made his judgement based on the fact that the majority of fund raising, physical work on the land and church building had been done by local people and by members of the Fellowship who now worshipped there.

The Court of Appeal however overturned Mr. Scott’s decision and allowed Siasi Tokaikolo’s appeal finding that it has the better right to a lease and, since the fundraising for the buildings was done in its name, it is their own.

It said the fundraising was authorised by the Church and done on its behalf for the purpose of obtaining a lease and constructing the buildings, which was duly done.

Procedural irregularities within the Church and a failure to comply strictly with its Constitution cannot mean that the Church did not become and remain the owner. Nor do changes in the practices and doctrines of the Church prior to the time of the fundraising entitle the members of the Fellowship to claim title.

Donors must have been well aware of those changes when gifting their money and labour to the Church.

An alleged doctrinal departure by the President of the Church since the dedication of the church building has not been established.

The Court of Appeal has ordered that a lease mistakenly registered in the former name of the Church, for which Cabinet approved was cancelled, should be removed from the register and that vacant possession of the land and buildings must be given to Siasi Tokaikolo within 21 days.

The Court has also said that there would appear to be no reason why a lease should not immediately be issued to Siasi Tokaikolo by the Minister of Lands in accordance with a decision of Cabinet on 5 September 2007.

Appeal court sides with Tongasat over its tax assessment dispute

By
Kaniva Staff
-

Tongasat has won its appeal against the decision by the Supreme Court allowing an appeal by the Ministry of Revenue and Customs over a dispute tax assessment.

The Court of Appeal’s decision came after the Supreme court reversed the decision of the Tax Tribunal and restored the Minister’s amended assessment of $T17,931,141 .27 for consumption tax to be paid by Tongasat.

“The Tribunal held that these services in Tonga could not support the assessment and in our judgement it did not err in law in doing so,” the Court of Appeal judges said.

The assessment was based on Tongasat’s half share of the gross revenue it received from third parties who had contracted for the use of orbital slots allocated to Tonga by the International Telecommunications Union, an organisation under the auspices of the United Nations, the court of appeal said.

The Government was entitled to the other half of the gross revenue, and the Company had to pay Tongan income tax on its net profits

The Consumption Tax Act 2003 imposed a tax of 15% on the value of a taxable supply of services in Tonga by a taxable person.

The Tribunal had found that the services Tongasat supplied to the Government in obtaining contracts for the use of Tonga’s orbital slots were supplied from its place of business in Hong Kong and for this reason were not taxable.

It also held that the reporting and similar services supplied by Tongasat to the Government in Tonga for which no separate payment was made could not support the assessment

The Minister’s appeal to the Supreme Court was allowed by Justice Scott  who held that the reporting and similar services supplied by the Company from its place of business in Tonga supported the assessment.

The Court of Appeal has restored the decision of the Tribunal which had found that “most of the work” that earned revenue was performed from the Company’s place of business in Hong Kong

The Court of Appeal noted that there was an air of unreality about the case because the Act intended the burden of the tax to fall on the recipient of the services, which in this case was the Government.

It seemed that if the assessment had been upheld the Company could have recovered the tax from the Government

NZ company donates 20 tonnes of roofing iron for Tongan homes

By
Kalino Latu
-

Three container loads of building supplies from Fletcher Building South Pacific are set to arrive in Tonga to assist in rebuilding cyclone-damaged homes of people most in need.

Aside from assisting with residential repair work Fletcher Building’s South Pacific business is involved in rebuilding commercial buildings and infrastructure in Tonga. The business employs 20 people in Tonga, and 650 in the South Pacific.

Several Fletcher Construction employees in Tonga were among those who lost their homes in the storm.

The division’s South Pacific business unit leapt into action to help, asking around parent company Fletcher Building’s New Zealand building product distributors and retailers for building materials they could give at short notice to help employees and the Tongan community.

South Pacific General Manager Brent Leach says, “We wanted to make sure our teams and their communities are looked after while they rebuild their lives after this catastrophic storm.”

Fletcher Building also has employees in New Zealand with families back in Tonga who have been affected by the cyclone.

“We’re in a unique position to help being in the business of building and building products. We wanted to get a container across to Tonga as fast as possible and the response from our business managers was incredible,” Brent says. “Within a day of picking up the phone, we had 20 tonnes of donated roofing iron, which is enough to help repair around 25 homes.”

The donated supplies collected to date fill three 40-foot containers which contain roofing from Dimond Roofing and ply, timber and fixings from PlaceMakers to rebuild residential houses.

Tonga Branch Manager, Josh Collins says there’s still a lot of work to do. “With the damage to homes, schools and infrastructure the rebuild will take months if not years for some. Tongatapu and ‘Eua were the worst hit, with almost every building suffering some damage.”

The National Emergency Management Office (NEMO) will be coordinating the distribution of the donated supplies as they arrive in Tonga. The Shelter Cluster (made up of international aid organisations), which supports people affected by disasters, will be distributing the materials to assist the most vulnerable people in making repairs to their houses first.

“We’re very grateful for Fletcher Building’s kind donation. Directly receiving building materials will speed up repairs and enable the NGOs who are repairing houses to spend money on other things,” say Graham Kenna of NEMO.

The first of the 40ft containers is set to arrive in Tonga on March 28.

Fletcher Construction has worked with a wide range of clients over the last 70 years to help build thriving island nations and is now permanently based in Tonga, Papua New Guinea, Fiji, Samoa and American Samoa, Vanuatu and the Solomon Islands.

With head offices in Auckland, the South Pacific business unit delivers commercial and civic buildings, transport infrastructure, utility and energy infrastructure as well as tourism and entertainment facilities.

NZ pays most of Commissioner’s salary

By
Philip Cass
-

Police Commissioner Steven Caldwell’s position is  largely paid for by New Zealand.

The Tongan government pays a relatively small portion of the costs.

If the Police Minister goes ahead with his threat to stop Mr Caldwell’s pay it is unclear whether he means the Tongan contribution to his pay or whether he intends to block the New Zealand component as well.

The Tongan Government has already told New Zealand Prime Minister Jacinda Ardern that it no longer wants Mr Caldwell, but it is unclear how Wellington would react if the Police Minister carried out his threat.

It is believed that Mr Caldwell is receiving substantially the same package as his predecessor, Grant O’Fee, who left his position six months early.

Total annual costs for salary and administration were NZ$270,000.

Under this contract Tonga paid about NZ$33,000.

Miscellaneous travel, medical and other costs were also funded by New Zealand.

During his term in Tonga, O’Fee sacked, jailed or investigated 10 percent of the police force for dishonesty, brutality or bribery.

When he was leaving he warned: “We still have, let’s not fool ourselves, a long way to go.”

The main points

  • Police Commissioner Steven Caldwell’s position is largely paid for by New Zealand.
  • The Tongan government pays a relatively small portion of the costs.
  • It is believed that Mr Caldwell is receiving substantially the same package as his predecessor, Grant O’Fee, who left his position six months early.

For more information 

Kiwi pleased with Tongan police force clean out

Minister of Police threatens to stop Commissioner Caldwell’s pay today

By
Kalino Latu
-

The Minister of Police Māteni Tapueluelu said he would put a hold to Police Commissioner Steve Caldwell’s pay today (Monday, March 26) if the Privy Council approves a recommendation from its committee to extend his contract.

It is expected the king would make its final decision today.

As Kaniva News reported, the Privy Council’s Judicial Appointment and Discipline Panel has extended the Police Commissioner’s contract.

But the extension depends on the king’s approval.

The Minister of Police claimed he had the power to withhold the commissioner’s pay under  Clause 51 of Tonga’s constitution.

The move could trigger an action to resolve two apparently contradictory laws.

One law gives the king the power to appoint the Police Commissioner and another gives cabinet ministers power to pay the government commissioners and civil servants.

The move could also be seen as the final attempt by Minister of Police in his fights to dismiss Caldwell.

Caldwell’s contract will end next month.

The law said the commissioner could hold office for a period, not exceeding three years and is eligible for re-appointment for one further term only.

It also allowed the minister to give a written direction to the commissioner about the overall administration of Tonga Police, policies and priorities of Tonga Police for — the prevention of crime; community safety and public order and general law enforcement issues. But he cannot interfere in any decisions by the commissioner about members of Tonga Police

Tapueluelu told Kaniva News he was not satisfied with Caldwell’s leadership.

As Kaniva News reported earlier, Hon. Tapueluelu, has openly sided with a number of suspended officers protesting about their treatment.

The Police Commissioner’s position is largely funded by New Zealand.

The government told New Zealand Prime Minister Jacinda Ardern in Tonga recently it did not want the Police Commissioner’s contract extended.

Last month a Police spokesman from Caldwell’s office said officers had been suspended for “very good reasons.”

“The Commissioner is confined by what he can say publicly on individual criminal and disciplinary cases currently under investigation,” the spokesperson said.

Tonga’s police force has a troubled history of corruption and abuse.

It also has a history of New Zealand police officers working in Tonga being faced with entrenched opposition from police opposed to attempts to clean up the force.

For more information

Hon Lavulavu denies he told mechanical supervisor to fake TP$1 million valuation, threatens legal action

Air New Zealand issue warning over anniversary phishing scam

By
Kalino Latu
-

The public are being alerted to a scam where fraudsters claim to offer a “2 Free Air New Zealand Tickets” in a bid to con them into divulging personal details.

The airline said it is aware of customers being targeted in a new wave of a phishing scam referencing a “50th Anniversary Giveaway”.

In fact the airline is 77 years old, turning 78 on April 30 this year.

Air New Zealand spokeswoman Anna Cross told Fairfax the company is working to have the scam removed from social media sites.

“She advised people not to click on any suspicious links.”

“The company reiterated this advice in a twitter post.”

As Kaniva News reported in January, Air New Zealand warned its customers not to be taken in by a “free flights” scam that has gone viral on the social media platform.

The scam claims to offer two free tickets to everyone that participates in an online survey.

“We only have 120 tickets remaining so hurry up,” the message reads.

Tropical cyclone could hit Tonga next week

By
Kalino Latu
-

Another tropical cyclone could be headed for Tonga next week as the clean up from Gita goes on.

New Zealand WeatherWatch said this morning the new tropical cyclone was the fourth after three active tropical cyclones affected the Australian area alone this week and more on the way for the zone north of New Zealand.

It said although it is too early to confirm today, this next potential tropical cyclone looks like it will track south east from Fiji to Tonga and then out over open waters

The cyclone would be called Jo, the New Zealand Herald report said this morning March 25.

New Zealand news media reports said this morning New Zealand will be getting a drenching this weekend and a tropical cyclone could bring more bad weather.

Tropical Cyclone Iris has formed just west of Vanuatu and Weather Watch said New Zealand could be hit with the remnants.

“Weather Watch says in its latest update that while Iris is not a major storm the tropical low-pressure system may linger in the Vanuatu/New Caledonia area for a full week, potentially longer.”

Tropical cyclone Gita

Tropical cyclone Gita was Category 4 when it struck Tonga in February 12.

The kingdom was severely affected.

In its latest report on March 11 on the state of Tonga after Cyclone Gita, the government said 819 households had been destroyed and 3889 households damaged.

In its report in February it said the Tongan government, NGOS and overseas aid donors are working to clean up and restore services after cyclone Gita, but 205 families are still in evacuation centres and the country’s agricultural sector has been severely hit.

Director of the National Emergency Management Office (NEMO), Leveni Aho, said the fisheries sector in Tongatapu and ‘Eua had been hit hard by Cyclone Gita.

About 40% of fishing boats were damaged and fish fences were damaged.

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