Home Blog Page 659

Guilty beyond reasonable doubt on all charges

A man has been found guilty beyond reasonable doubt of four charges of rape and one of indecent assault.

Faka’anaua Ki Late Niutupuivaha appeared before Mr Justice Cato on charges dating back to  2006.

The charges were brought against him by two women who gave evidence of repeated sexual assaults over several years.

Mr Justice Cato described Niutupuivaha’s behaviour as “predatory.”

He said the accused had taken advantage of very young women by entering their rooms, strangling them to keep them from crying out it and assaulting them.

He said he had no hesitation in accepting the women’s testimony.

Mr Justice Cato did not record a sentence in his report of the case.

Supreme Court reduces sentence for grievous bodily harm after plea

The Supreme Court has reduced a prisoners’ sentence after hearing a claim for mitigation from his counsel.

Moale Vi  had pleaded guilty to a charge of grievous bodily harm after hitting Penisimani Fifita on the head with an iron bar and fracturing his skull.

The incident took place at the fire station in Longolongo on December 22, 2016.

Mr Justice Cato said that Vi’s counsel had provided information that indicated that Vi had been involved in a conflict with his fellow fire officers are retraining to the station drunk.

During the struggle to restrain him Fifita  kicked Vi repeatedly in the head.

Some time after the prisoner was taken away by police, he returned to the station and struck Fifita with an iron bar while he slept.

“I  conclude  that  the  prisoner  was  drunk  and  unruly at the station,” the judge said.

“I accept and  it  was  confirmed  by  Officer Paulo  Kolo in  his evidence that this  was out  of character  for  him.  I find that, although the officers were entitled to take reasonable  steps to restrain  and  subdue  the  prisoner  who  had  plainly become a nuisance and prevent  any  violence,  Officer  Fifita  did  use excessive force when kicking him several times to the head  area.”

The judge said that he considered the matter as a mitigating factor in sentencing the prisoner, although not a significant one.

He therefore reduced the starting pint of the sentence by six months.

In further mitigation, he accepted that Vi had pleaded guilty at  an early stage, had been co-operative, probably  was remorseful, and had lost a job of which he was very fond.

He therefore reduced his sentence further to three years, with the last 12 months suspended on condition that he not commit any offence punishable by imprisonment and undertake courses in drug and alcohol abuse and anger management with the Salvation Army.

Tsunami warning for Tonga cancelled after 8.2 Mexico earthquake

A Tsunami warning for Tonga has been cancelled.

Tonga Met Service office said the beach and marine threat had now passed.

“Tsunami Marine Warning Cancellation Summary (Only Warnings issued by the Tonga Meteorological Service represent the official warning status for Tonga) Based on tide gauge readings, a tsunami wave of less than 0.1M was recorded at Nuku’alofa Tide gauge at about 08:15am this morning”, the Office said.

“Due to the tsunami wave being less than one foot it is expected that this tsunami no longer poses a threat to Tonga.

“Therefore, the Tsunami Marine Warning previously in force for Tonga is NOW CANCELLED. Ocean currents however around Marine Coastal Areas may be strong and erratic and special caution should be exercised.

This will be the last bulletin issued from the Fua’amotu Tsunami Warning Centre on this event.”

The number of people killed by a powerful earthquake off the southern coast of Mexico has risen to at least 61, officials say.

A huge rescue operation is under way in the worst-hit states of Tabasco, Oaxaca and Chiapas where people are feared trapped under rubble.

President Enrique Peña Nieto says at least 200 people have been injured.

The 8.1-magnitude quake, which hit late on Thursday, was the strongest to hit the region in a century.

Tsunami warning for Tonga after powerful earthquake hit Mexico

Tonga Met Service has issued a tsunami warning following an 8.2 quake that rocked Mexico this evening.

It was the most powerful earthquake to hit the country in 32 years and sparked widespread panic.

“It was so strong that it could be felt significantly in Mexico City, 650 miles away from the epicentre and caused a 2.3ft tsunami. In Salina Cruz another tsunami wave measuring 3.3ft was recorded”, International media reports said.

Six people have been killed including two children.

“Based on preliminary earthquake information above, tide gauge readings and advise from the Pacific Tsunami Warning Centre (PTWC), a tsunami wave of up to 1M is expected to arrive at Tonga’s coastline at about 6:15am tomorrow”, Tonga Met service said.

“Public are warned to keep away from marine coastal areas and beaches. Marine Coastal Areas means 30km from the shoreline high tide mark or any reef out to open sea.

The next bulletin will be issued as soon as new information is received.”

Tongan religious leaders of different faiths unite to “advance” their community in New Zealand

Tongan religious leaders of different faiths in Auckland have joined hands to help resolve social and economic challenges facing Tongan community in New Zealand.

Fifteen religious leaders made the move for the first time in the 50-year history of Tongan migration to New Zealand.

“We have been in operation for over a year now, but we have just got our network established legally,” says Chairperson Rev Tevita Finau.

“Tongans face many socio-economic challenges but we have come together to counter these issues and help our people take ownership and leadership of their future,” says Secretary Sione Tu’itahi, representative of the Baha’i Faith to the network.

“We will collaborate with Tongan leaders in other fields such education, health, work and income in order to navigate pathways forward,” the secretary adds. “We acknowledge the challenges, but we focus on the strengths and aspirations of our people.”

Some 15 denominations and faiths are members. They include the: Tongan parish of the Methodist Church, The Free Wesleyan Church of Tonga, The Tongan Catholic Community, The Seventh Day Adventist, The Church of Jesus Christ and Latter-Day Saints, Siasi ‘o Tonga Tau’ataina, Siasi Fakatahataha ‘a e Kakai Tonga, Siasi ‘o Tonga, Siasi Konisitutone Tau’ataina ‘o Tonga ‘i Nu’usila, The Assemblies of God, The Anglican Church, Tongan Wesleyan Church of New Zealand (Upper Room Centre),  the Baha’i Faith, Amatakiloa Gospel Church, Blessed Hope Christian Centre, and the Pacific Island Evangelical & Missionary Network.

“Tongan denominations or faith-based organisations that are yet to be members are warmly welcome to join. Our aim is to collaborate for our collective good and wellbeing,” the secretary says.

Justice Minister: Approval of international conventions in “complete chaos”

The process of approving international conventions was in “complete chaos,” Tonga’s Minister of Justice said yesterday.

Hon. Sione Vuna Fa’otusia said  some agreements were being signed by ministers then later taken to the king to sign. Other processes involved His Majesty from the beginning

He said the situation had caused the government to suggest amending the constitution so that the executive arm of government was involved from the beginning before recommending the king ratify them.

The PACER Plus agreement had yet to be ratified because the government was still working on the terms of the agreement to see that the country benefitted from it.

“Can you imagine how inconsiderate and insensitive of us it is to get the king involved in the process of signing an agreement from the beginning to the end?” the Minister said.

The Member for Tongatapu 7 said seriously considering all the pros and cons of an agreement before ratification was purely in the domain of the executive government.

“The government of the day should consider it seriously before approaching the king for ratification or otherwise.

“We moved to amend the constitution so that the king ratify it on the recommendation of cabinet.

“What is wrong with such a considered process before involving the king?”

The Minister said the king’s decision to dissolve the house on the advice of the Speaker came after Cabinet had prepared to submit draft legislation to amend the constitution.

The main points

  • The process of approving international conventions was in “complete chaos,” Tonga’s Minister of justice said yesterday.
  • Sione Vuna Fa’otusia said some agreements were being signed by ministers then later taken to the king to sign. Other processes involved His Majesty from the beginning
  • He said the government had suggest amending the constitution so that the executive arm of government was involved from the beginning before recommending the king ratify them.
  • The Minister said the king’s decision to dissolve the house on the advice of the Speaker came after Cabinet had prepared to submit draft legislation to amend the constitution.

For more information 

Speaker has no power to advise king to dissolve Parliament says Justice Minister

Pacer Plus signing followed Budapest convention signing process, Deputy PM says

Massey marks Tongan language week with music, speeches and feasting

Tongan language week was celebrated at Massey University yesterday with speeches and a lively performance by the Northcote College’s student cultural group.

Celebrations have been held across New Zealand this week.

Events to come include a film festival and a day of activities on Saturday.

The celebration was opened by the director of the university’s Pasifika centre, Associate Professor Malakai Koloamatangi.

Guest speaker Siaosi ‘Ilaiū said Tongans should use their most important values to enrich New Zealand society in whatever field.

He said this was in line with the motto of language week which was ‘Nofo-‘a-Kāinga: A Tongan way of enriching Aotearoa New Zealand.’

‘Iliaū is a Phd candidate who has been researching the connections between Tongan philosophy and the ideas of ancient Greek philosophers  such as Socrates and Aristotle.

Entertainment for the opening ceremony was provided by selected members of the Northcote College Tongan cultural group, led by Tofia Taufalele.

The group draws in Tongan and part-Tongan students from several schools and is a regular performer at Polyfest.

The group played a number of traditional songs as well as performing several Tongan dances, including the paddle dance.

Guests at the event were invited to join a meal of pork, yam and taro.

One of the highlights of yesterday’s event at Massey was a performance by Soane Tatuila Pusiaki, who played the nose flute, or fangu fangu.

He said the instrument’s name conveyed the idea that the musician breathed in life and blew out a tune.

He said they were traditionally used by about five families who served as court musicians in Tonga.

They would be played outside the sleeping quarters of the royal family to wake them in the morning.

One of his ancestors came from one of these families and so the instrument was handed down to him.

His grandfather taught him to play it.

Pusiaki teaches Tongan at Northcote High and is the only teaching doing this on the shore.

He has 11 students, two of them from Tonga.

He said there was a problem with second generation language loss and said that in some cases if children did not speak Tongan at school they would not speak it at all.

The main points

  • Tongan language week was celebrated at Massey University yesterday with speeches and a lively performance by the Northcote College’s student cultural group.
  • Guest speaker Siaosi ‘Ilaiu said Tongans should use their most important values to enrich New Zealand society in whatever field.
  • Celebrations have been held across Tonga this week.
  • Events to come include a film festival and a day of activities on Saturday.

More Tongan language week events

Tonga short films (Friday)

Tongan language week Te Oro arts centre (Saturday)

Sacked ministers deny involvement in alleged plot to dissolve Parliament

Former Deputy Prime Minister Siaosi Sovaleni and former Minister of Finance Tēvita Lavemaau have denied Hon. Pōhiva’s claims they had been involved in an alleged plot to dissolve Parliament.

The dissolution last month has ended a four-year parliamentary terms for Hon. Pōhiva and his government ministers which was scheduled to be followed by a general election in November 2018.

Sovaleni told media yesterday in Nukuʻalofa he had never involved in any attempts to dissolve Parliament.

“There is absolutely no truth to that rumour,” Sovaleni said.

“I always committed the best of my abilities, dedication and loyalty to the Kingdom and to serving the people,” he said.

At all times, I expressed my honest views and beliefs to assist and support the leadership of the Prime Minister and Cabinet.”

Lavemaau reportedly said on Facebook he never knew anything about the Speaker Lord Tuʻivakanōʻs  plan to advise King Tupou to dissolve Parliament.

Both Lavemaau and Sovaleni thanked the Prime Minister for the opportunities he had given them to work with him since 2014.

Hon. Pohiva told media he had dismissed the ministers after he received information they knew about the kingʻs plan to dissolve Parliament days ahead of the dissolution but they did not warn him.

The Prime Minister is currently in Samoa and was expected to return to Tonga tomorrow.

Lord Maʻafu, the Deputy Prime Minister is now Acting Prime Minister while Hon. Dr. Pōhiva Tuʻiʻonetoa had been appointed as the new Minister of Finance.

King proclaims Tonga’s snap general election on November 16

King Tupou VI has issued the Writs of Election, proclaiming Tonga will go to the polls on November 16 after he dissolved Parliament last month.

His Majesty made the sudden dissolution decision after he received an advice from Speaker Lord Tuʻivakanō.

The snap general election comes one year ahead of the November 2018 schedule.

As Kaniva News reported, the sudden timing of the election has hit some of the Tongan citizens living overseas who had plans to run for Parliament in 2018.

The upcoming election was a general election and the new elected representatives will become Members of Parliament for the next four years after the election.

The Electoral Commission has called for the nomination of candidates, who must register over two-days from 27-28 September at the Office of the Electoral Commission in Nukuʻalofa, the Governor’s Offices in  Haʻapai and Vavaʻu, and at the Offices of Government Representatives in ʻEua, Niuafoʻou and Niuatoputapu.

Pacific chief judges meet in Tonga to discuss issues facing  court systems

Chief Judges and judicial officers from 12 Pacific Island countries were meeting in a workshop in Nukuʻalofa to discuss issues facing their court systems.

The law experts were looking at topics including judicial leadership, the drivers of change that were facing the courts of the South Pacific and discussing approaches and tools to support leaders within Pacific judiciaries.

“Overall, the Workshop will provide the opportunity for senior judicial officers across the region to discuss the issues facing their judiciary and develop effective strategies to overcome these issues and strengthen their court systems”, a statement said.

The three-day workshop which will end tomorrow was being hosted by Tonga’s Chief Justice Honourable Owen Paulsen.

“The workshop is attended by Chief Justices and Judicial Officers, among other senior court staff from Tonga, Cook Islands, Federated States of Micronesia, Kiribati, Marshall Islands, Nauru, Niue, Palau, Papua New Guinea, Samoa, Solomon Islands and Vanuatu”, it said.

“The Judicial Leadership Workshop, which was opened by Her Excellency Sarah Walsh, High Commissioner for New Zealand, is promoting regional leadership as part of the New Zealand Ministry of Foreign Affairs and Trade funded Pacific Judicial Strengthening Initiative (June 2016-July 2021).

“The goal of Pacific Judicial Strengthening Initiative is to build fairer societies by supporting the courts in the Pacific region to develop more accessible, just, efficient and responsive justice services. The Initiative operates in the 12 countries including Tokelau and Tuvalu”.