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Gisborne bus crash driver pleads guilty to causing three deaths

By
Philip Cass
-

The driver of a  bus that crashed near Gisborne, killing three members of a Tongan school group, has pleaded guilty to three charges of careless driving causing death.

Talakai Aholelei entered his pleas in the Auckland District Court  on Friday.

Aholelei, 65, admitted to 27 counts of careless driving causing injury and three counts of careless driving causing death.

Aholelei was charged in April and initially pleaded not guilty in the Manukau District Court on June 9.

He will be sentenced in January.

The bus was carrying the Mailefihi Siu’ilikutapu College brass band, which was on a tour of New Zealand to raise funds for the school’s 70th anniversary.

It was on its way to a concert at Gisborne’s Wesleyan Methodist Church when it crashed down a steep embankment on State Highway 2, 30km south of the town.

Student Sione Taumololo, 11, and Talita Fifita, 33, died in the crash.

School teacher Leotisia Malakai, 55, died later in Waikato Hospital.

There were 53 students, teachers and supporters on the bus.

The main points

  • The driver of a bus that crashed near Gisborne, killing three members of a Tongan school group, has pleaded guilty to three charges of careless driving causing death.
  • Talakai Aholelei entered his pleas in the Auckland District Court on Friday.
  • Aholeleie, 65, admitted to 27 counts of careless driving causing injury and three counts of careless driving causing death.
  • He was charged in April and initially pleaded not guilty in the Manukau District Court on June 9.

For more information  

Gisborne crash driver pleads guilty to careless driving

guilty-to-careless-driving.html

Police name man missing after boat found capsized in Mo’unga’one

By
Kalino Latu
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Police have named a Hala’ovave employee who went missing after a boat he was on capsized in rough waters at the entering channel in Mo’unga’one on Wednesday.

He is 32-year-old Tēvita Kolo.

As Kaniva News reported yesterday, the missing man was one of seven people on board a 22ft fibreglass cabin boat before it capsized at around 1.00pm.

Kolo was in Ha’apai to join workers who worked on a solar panels project in Mo’unga’one.

The six other passengers were rescued and brought to shore.

An ongoing search operation was coordinated by the people of Mo’unga’one and supported by the Ha’apai Police, a police spokesperson said.

Meanwhile, the missing Lofanga man who had been found alive by the New Zealand Defence Force (NZDF) yesterday has returned to his family.

He went missing after he had been travelling to pick up five other fisherman on Nukupule Island, about 16km away on Tuesday morning.

“He had a mobile phone but no communications and safety equipment on board.

“A policeman had advised the fisherman to postpone the trip because of the rough conditions, a spokesperson from the Rescue Coordination Centre New Zealand said.”

“Outstanding” says Tongan rugby coach as top players line up for kingdom

By
Philip Cass
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When Tonga and New Zealand clash in Hamilton on November 11, many of the Tongan team will be top grade players who were originally expected to turn out for the Kiwi side.

Tongan coach Kristian Woolf Tonga coach described the situation as “outstanding.”

“We have always spoken about getting the best Tongan players playing for Tonga,” Woolfe said.

The strengthened Mate Ma’a team for the Rugby League World Cup is being credited to North Queensland Cowboys second rower Jason Taumalolo, who persuaded them to play for the kingdom.

Woolfe said he was ecstatic to have nabbed Taumalolo and described it as a major coup for Tonga.

He said Taumalolo  had always wanted to play for Tonga while he was at his best.

Radio New Zealand quoted Taumalolo as saying the new rule on international representation meant he could represent both Tonga and New Zealand throughout his career.

“The World Cup provides developing nations like Tonga an opportunity to play on the big stage and I would like to help them with their campaign.”

Taumalolo is a North Queensland Cowboys second rower, he represented the Mate Ma’a at the 2013 tournament but has since played 10 time for New Zealand, where he was born and raised.

He  also represented Tonga at the 2013 World Cup.

The Sydney Telegraph has listed the players it said were “ready to walk away from the Kiwis and make themselves available for Tonga” as:

Tui Lolohea (Wests Tigers), Solomone Kata (Warriors), Konrad Hurrell (Titans), Manu Vatuvei (Salford), Manu Ma’u (Eels) and David Fusitu’a (Warriors).

It said Sydney Roosters’ Sio Siua Taukeiaho had confirmed he would play for Tonga.

The Telegraph reported that Cronulla’s Andrew Fifita had chosen to join Taumalolo, as had former Australian Test players Michael Jennings of Parramatta and Sydney Roosters winger Daniel Tupou, as well as Canterbury fullback Will Hopoate.

Hopoate, who played five State of origin matches for New South Wales, told the New Zealand Herald this afternoon that it was great for international rugby league for players such as Taumalolo and Fifita commit to Tonga over a tier one nation like Australia.

“It’s obviously great for Tonga, and great for the game,” Hopoate said.

“It’s building the game internationally and I think it will make the World Cup a bit more competitive.”

The main points

  • When Tonga and New Zealand clash in Hamilton on November 11, many of the Tongan team will be top grade players who were originally expected to turn out for the Kiwi side.
  • Tongan coach Kristian Woolf Tonga coach described the situation as “outstanding.”
  • “We have always spoken about getting the best Tongan players playing for Tonga,” Woolfe said.
  • The strengthened Tongan side is being credited to North Queensland Cowboys second rower Jason Taumalolo, who persuaded them to play for the kingdom.

For more information   

Jason Taumalolo and eight eligible Kiwis make secret pact to play for Tonga at RLWC

Sport: Jason Taumalolo snubs NZ for Tonga

Three hospitalised after shooting in South Auckland

By
Kaniva Staff
-

(NZ) Police are responding to a firearms incident on Preston Road in Otara.

Police were called to the scene at 7.05pm.

“Three people have been taken to Middlemore Hospital. One male has moderate injuries and may require surgery, the two other males have superficial injuries”, said Inspector Wendy Spiller, Area Commander Counties Manukau East

Cordons are in place on Preston and Kudu Road as Police make enquiries to establish what has occurred.

We ask that people please avoid the area.

Anyone who was in the area at the time and saw anything suspicious is being urged to call Counties Manukau Police on (09) 261 1300  or Crimestoppers anonymously on 0800 555 111.

Lofanga man rescued by NZ Orion, another man missing after boat capsized in Mo’unga’one

By
Kalino Latu
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A 36-year-old missing fisherman from Lofanga has been found alive by an RNZAF Orion after his boat broke down two days ago.

‘Aho Ta’e’iloa Ma’ulu’ulu was located three miles north west of Ha’afeva this afternoon.

The P-3K2 Orion aircraft saw Ma’ulu’ulu shortly after arriving in the search area about midday.

“When they flew past the crew saw the man standing on the canopy of his boat, waving a flag,” Group Captain Nick Olney said.

“The Orion gave the boat’s location to a patrol boat from Tonga’s armed forces, which was about 28 kilometres away,” Olney said.

Meanwhile, a 32-year-old Hala’ovave man went missing yesterday Wednesday 4 after a boat capsized on the Mo’unga’one channel, a Police spokesperson told Kaniva News this afternoon.

“There were 7 people on board and 6 were found alive while the 32 years-old man is still missing”, she said.

“That operation is currently coordinated by the people of Mo’unga’one and supported by the Ha’apai Police.”

Supreme Court declares 2016 changes to TRU constitution unlawful

By
Philip Cass
-

The Supreme Court has declared void amendments to the constitution of the Tonga Rugby Union voted on at a meeting in 2016.

Lord Chief Justice Paulsen made his declaration following a court case brought against the TRU by plaintiffs who argued that no notice was given to the members of the intention to vote on the amendments prior to the Annual General Meeting.

It said they were not passed by  75% of the representatives attending  the meeting  as required  by the Constitution.

“The TRU has failed to comply with clear provisions in its Constitution as a result of which unlawful decisions have been made which are significant and affect the rights of the  members,” the judge said.

Evidence was presented on behalf of the plaintiffs by Feleti Fā’otusia.

Fā’otusia is the President of the Spartan Rugby Club. The Spartan Rugby Club is part of  the Vaheloto Sub-union.

Mr. Fā’otusia is a representative of the Vaheloto Sub-union and has the right to attend and vote at Annual and Special Meetings of the TRU.

He attended the meeting on May 11, 2016. He told the court no notice was given of the business to be discussed at the meeting.

Mr. Fā’otusia said that he was not informed of the intention to amend the TRU’s  Constitution and no opportunity was given to discuss the proposed amendments with his club or sub-union.

Immediately prior to the meeting Mr. Fā’otusia was given a document containing proposed amendments to the Constitution.

These included an amendment to allow changes to the Constitution to be made on a simple majority vote, the appointment of the Prime Minister as the President of the TRU, the removal of the members’ right to elect the President, the reduction in the number of representatives of sub-unions who were members of the TRU and a quota of local players to be selected in the national team.

The court accepted that the move to amend the constitution was passed by a bare  majority and not the 75% required.

Counsel for the plaintiffs argued that while courts had been reluctant to interfere in the internal affairs of societies, the TRU’s breaches of its Constitution were serious enough to justify the Court’s  intervention in this case.

Lord Chief Justice Paulsen said he accepted the evidence that the voting had not met the requirements of the constitution, that no proper notice had been given and that the court had the jurisdiction to make a ruling.

The main points

  • The Supreme Court has declared void amendments to the constitution of the Tonga Rugby Union voted on at a meeting in 2016.
  • Lord Chief Justice Paulsen made his declaration following a court case brought against the TRU by plaintiffs who argued that no notice was given to the members of the intention to vote on the amendments prior to the Annual General Meeting and they were not passed by 75% of the representatives attending the meeting as required by the Constitution.

For more information 

Tonga rugby changes constitution to allow Prime Minister to become president

Police minister pays off TP$120,000 court debts as he faces new party supporting his rival

By
Kalino Latu
-

Tongan Police Minister Māteni Tapueluelu has paid off TP$120,000 court debts, clearing the way for him to stand in next month’s snap election.

Legal counsellor and former Minister of Police William Clive Edwards Snr confirmed this to Nepituno news website.

Tapueluelu’s debts stemmed from fines imposed on him and Kele’a Tonga newspaper by Tongan courts in various civil cases which arose when Hon. Tapueluelu was editor.

He owed the money to Mr.  Edwards Snr as well as eight other former government ministers who had sued the former editor and Member of Parliament for defamation and libel.

The plaintiffs included former Prime Minister Lord Tu’ivakanō, former Deputy Prime Minister Sāmiu Vaipulu, former Minister of Education Dr. ‘Ana Taufe’ulungaki, former Minister of Police Dr. Viliami Uasike Lātū, former Minister of MAFF Sione Sangster Saulala and MP Fe’ao Vakatā.

The lawsuits stemmed from stories which included reports of claims about the transfer of Chinese money to Princess Pilolevu’s Tongasat company.

As Kaniva News reported in 2013, the magistrate’s court ruled on June 12 that year after the plaintiffs filed civil lawsuit over a letter to the editor. The letter accused the government of corruption and misuse of public funds, but the court rules there was no basis to the claims and that they were defamatory.

Allegations

Tapueluelu’s wife Lautala has used Facebook to deny allegations that a Chinese sponsor had helped pay off the debts.

She said she was concerned at how people were quick to speculate after it was announced that the debts had been cleared.

Lautala said they agreed with Mr Edwards the debts had to be paid by instalment.

She said her husband’s fines were paid with their own money and she was the one who went to Edwards office recently and settled the fines.

The Electoral Act section 9(4) requires potential candidates to submit their nomination forms together with written clearance from the Supreme Court that they have no record of an outstanding order under clause 65 of the Constitution.

New Party

Hon. Tapueluelu will stand against his former political rival ‘Isileli Pulu who is supported by the newly established Langafonua ‘a e Masiva party.

The party comprises former and current MPs, including Minster of Finance Dr.Aisake Eke, former Minister of Police and lawyer Siosifa Tu’utafaiva, former government minister and MP Sangstar Saulala and former Minister of Finance Sunia Fili.

The founder of the Langafonua Tu’uloa party, New Zealand-Tongan based lawyer Sione Fonua, became a member of the Langafonua ‘a e Masiva Party.

According to a final electoral roll published on September 15 there were 57,391 Tongan voters registered.

The main points

  • Tongan Police Minister Mateni Tapueluelu has paid off TP$120,000 court debts, clearing the way for him to stand in next month’s snap election.
  • Legal counsel and former Minister of Police William Clive Edwards confirmed this to Nepituno news website.
  • Tapueluelu’s debts stemmed from fines imposed on him and Kele’a Tonga newspaper by Tongan courts in various civil cases which arose when Hon. Tapueluelu was editor.
  • He owed the money to former Minister of Police and legal counsellor William Clive Edwards Snr as well as eight other former government ministers who had sued the former editor and Member of Parliament for defamation and libel.

For more information

Tongan magistrate rules seven were defamed by Kele’a Tonga newspaper

Tongan death row inmate returns to court in death of US police officer

By
International Media
-

The man convicted of murdering University of Nevada, Reno Police Officer George Sullivan will get one more day in court to review whether he should face the death penalty.

Siaosi Vanisi was convicted of ambushing Sgt. Sullivan in his patrol car and killing him with an axe on Jan. 13, 1998. The jury sentenced him to die for the crime.

The Nevada Supreme Court has already upheld the conviction but this past week sent the case back for an evidentiary hearing to decide whether Vanisi was prejudiced by his appellate lawyer’s failure to investigate and present possible mitigating evidence that could have prevented jurors from imposing the death sentence.

Instead, post-conviction lawyers decided to pursue a motion challenging Vanisi’s mental competency, which the high court unanimously agreed was “objectively unreasonable.”

They directed the district court to address “whether trial counsel should have discovered and presented the (mitigation) evidence as well as whether there was a reasonable probability of a different outcome at the penalty hearing had this additional mitigation evidence been presented.”

But the Supreme Court rejected more than a dozen other challenges to Vanisi’s conviction and sentence, including the argument he should have been allowed to plead insanity.

“Vanisi was not in a delusional state such that he could not know or understand the nature and capacity of his act,” the court wrote. The court order points out that Vanisi repeatedly told others he planned to murder a police officer and steal his weapon and radio, that he ambushed the victim at night and fled Nevada, before being arrested in Utah.

“These actions indicate that Vanisi appreciated the wrongfulness of his actions and that post conviction counsel did not act unreasonably in not pursuing (an insanity claim),” the court wrote.

Tongans remain top overstayers, despite fall in overall figures

By
Philip Cass
-

Tongans remain the top overstayers in New Zealand, despite a marked drop in the number of Tongans remaining here illegally.

The  number of Tongan and Samoan overstayers has dropped significantly according to a new report.

Massey University sociologist Paul Spoonley told the New Zealand Herald there were more than  6000 fewer overstayers from these two countries since 2000.

The drop is part of a fall from about 20,000 overstayers a decade ago to 10,894.

The fallen in the number of Tongan and Samoan overstayers accounted for 63 per cent of the drop, Professor Spoonley said.

Overstayer numbers had nearly halved from around 20,000 a decade ago to 10,894.

Legal migration from Samoa and Tonga was about 3000 per year.

The Recognised Employer Scheme had provided a legal employment option, especially for Tongans.

Immigration New Zealand said most of the overstayers were previously on a visitor visa (6735), followed by work visas (1981) and student visas (1523).

During the run-up to last month’s national election the Maori Party had an amnesty for overstayers as one of the plans of its election platform.

As Kaniva News reported at the time, Maori Party candidate Pakilau o Aotearoa Manase, whose parents were Tongan overstayers, described himself  as “a son of the dawn raids.”

Last year Immigration New Zealand reported that the number of overstayers had fallen from 20,657 in 2000 to 10,848.

However, the number of Chinese overstayers had risen by 119 percent since 2000, according to last year’s report.

The number of overstayers from India had also  not fallen.

The main points

  • Tongans remain the top overstayers in New Zealand, despite a marked drop in the number of Tongans remaining here illegally.
  • The number of Tongan and Samoan overstayers has dropped significantly according to a new report.
  • The New Zealand Herald reported that there were more than  6000 fewer overstayers from these two countries since 2000.
  • Legal migration from Samoa and Tonga was about 3000 per year.

For more information 

Immigration: Overstayer numbers have nearly halved from ten years ago

Number of overstayers plummets

Woman gets suspended sentence in insurance embezzlement case

By
Kalino Latu
-

Lord Chief Justice O.G. Paulsen has sentenced a 21-year-old woman to up to 23 months in prison, then suspended that sentence and ordered 60 hours of community service plus 12 months’ probation work.

Sālome Pousini was arrested and charged after she had embezzled T$73,276 in insurance company funds.

The 21-year-old was employed by the insurance company (FAT) as an office co­ordinator.

FAT was owned by the complainant who was only referred to in court document as TM, TM’s husband and one other person.

From March 2016 until her dismissal in July 2016 Miss Pousini was employed as a loan officer for a related finance company (FFL).

An amount of around $4,000 was unaccounted for at FFL and TM blamed Miss Pousini and said it was her responsibility to repay it.

The counsels agreed for the judge to proceed with sentencing on the basis that 14 cheques drawn on FAT’s bank accounts totalled T$73,276

Of that sum T$38,426 was paid to TM.

Miss Pousini took T$34,400 for herself while she used T$41, 000 to repay a shortfall and T$1,000 to make up an amount required by TM.

“Of the balance the Police have recovered a motorcar purchased with this money for T$8,900 and T$6,532 which was held in the  bank account of a friend of Miss Pousini.

“That leaves a sum of approximately T$15,000 unaccounted for”, the court was told.

The judge referred to the missing money at FAT as ‘shortfall’.

“Miss Pousini did not believe she was responsible for the shortfall and she has never been charged with taking this money”, Mr. Paulsen said.

“Miss Pousini was concerned about the allegation and the obligation to repay such a large sum and offered to resign and was surprised when TM persuaded her not to do so.”

TM had signing authority on FAT’s bank accounts with ANZ and the Bank of the South Pacific.

“She advised Miss  Pousini  that  she intended to withdraw money from FAT’s accounts for her own requirements.

“Over the period 6 May 2016 to  5 July  2016 TM gave Miss Pousini 14 signed blank cheques.

“TM instructed Miss Pousini that she required specific amounts from the bank.

“She told Miss Pousini to complete the cheques for that amount along with an additional amount for herself.

“Miss Pousini then completed the cheques, cashed the cheques at the bank and gave TM the amount she required.

“The balance of the money was used for her own purposes.

“Miss Pousini says, and I accept for present purposes, that TM told her that the additional amounts could be used to repay the shortfall, repay a loan that Miss Pousini had taken out with another related entity and also as a ‘bonus’ for herself”, Mr Paulsen said.

Miss Pousini was a first time offender, of good character and from a good family, who was naive and under the influence and control of TM and not fully comprehending of the significance or consequence of her actions, her legal counsel told the court.

In sentencing Miss Pousini Justice Paulsen said: “On the count of embezzlement Miss Pousini is convicted and sentenced to 1 year and 5 months imprisonment.

“On the count of money laundering she is sentenced to six months imprisonment to be served concurrently. These sentences are fully suspended subject to conditions that:

“Miss Pousini is not to commit any further offences punishable by imprisonment for a period of 2 years.

“Miss Pousini is to serve 12 months’ probation.

“Miss Pousini is to do 60 hours of community work undertaking general cleaning of public places on such days and at such times as directed by the Probation Service but no less than 4 hours on each occasion.

Miss Pousini is to report to the Probation Service Office at Kausela Road, Nuku’alofa before 9am on 15 September 2017.”

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