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Tongan based Australia fruit picking authorities in court over defamation claim

By
Kalino Latu
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A Tongan fruit picking contractor in Australia was in court in Tonga last week in a legal fight to have his name cleared over allegations made by the Tonga Australia Seasonal Worker Association (TASWA).

Walter Fangatua has accused TASWA president Falepaini Prescott Maile, for making fabricated stories on Radio FM 87.5 and Facebook about his company and the way how he treated Tongan and Pacific Island fruit pickers in Australia.

Fangatua and his wife Melissa owned the Plant Grow Pick, an Emerald-based company which provided more that 100 seasonal workers to growers across Australia.

According to reports Maile told the court TASWA was set up to advise Tongan fruit pickers in Australia about the Seasonal Work Programme policies and acted as a mediator between workers and employers.

Maile admitted in court that she falsely announced on the Radio and Facebook the Australian Securities and Investments Commission had cancelled Plant Grow Pick’s license to operate as a fruit picking work contractor, Talaki Newspaper reported.

She said she got the information from a second party.

The court was told Walter allegedly mistreated his workers and sometimes swore at them in which Walter had denied, Kakalu ʻo Tonga reported

Maile was allowed by the Magistrate last week to return to Australia on condition she had to pay and sign a bail bond of TP$2,000.

In September 2016 Radio ABC reported that there were 2,179 Tongan workers in Australia on the Pacific Harvest Scheme’s seasonal worker programme.

The program allows these workers up to six months of work each year, it said.

There had been reports of claims of worker exploitation throughout Australia including one case of workers in northern Victoria earning less than $10 a week after deductions.

Moora Citrus orchard manager Shane Kay said it was “really sad to see” these cases appeared to be reality, the Radio reported.

There were also reports of Tongan workers abusing the opportunity while they were in Australia and also in New Zealand through the Recognised Seasonal Employer programme.

As Kaniva News reported, the Tongan government has established a task force to deal with New Zealand and Australian employers’ concerns over Tongan fruit pickers who have worked in their farms.

The task force duties included making sure only the reliable and trustworthy employees were picked for the programmes.

Photos of dead cows in Vavaʻu spark outrage on social media

By
Kalino Latu
-

Pictures of seven dead cows which were uploaded to Facebook this morning have left some people disturbed and emotional.

Vavaʻuan correspondent Filomena Hansen shared the images with some Facebook users, who were quick to react emotionally.

Hansen claimed the cows were shot dead in a tax allotment in the village of ʻUtui in Neiafu.

Vavaʻu authorities could not be reached for comments.

It is understood the cattle invaded and began grazing in the allotment before they were allegedly shot dead apparently by the landowner.

A Facebook user said in Tongan the action was “senseless”.

One user has likened the killing to ISIS style of execution.

However, several commentators said they were struggling with this problem because some farmers could not control their livestock.

They said this had led to the animals either roaming on the road or invading plantations and had caused enormous damage to their crops.

Former TBC head loses Supreme Court case over dismissal from top job

By
Philip Cass
-

The Supreme Court has dismissed an application by Nanisē Fifita to quash a decision  by the Minister for Public Services to void her reappointment as the General Manger of Tonga Broadcasting Commission.

However, Chief Justice Paulsen said he made no comment as to whether she may still have remedies available to her in respect of any failings of the Board of TBC to obtain the Minister’s approval to her reappointment.

The judge said he had considerable sympathy for Mrs Fifita.

“She has by all accounts been an excellent employee,” he said.

He described her as “a long term, loyal  and  able servant of TBC” who had been general manager  since October 2008.

Some evidence had been presented by Mrs. Fifita that she was not reappointed because the Prime Minister was angry with journalists at TBC.

“However, this issue hardly featured at  all  in  counsel’s arguments and was not relevant to the issues I  had to   decide,” the judge said.

Mrs Fifita had initially sought an injunction to restrain TBC and the Minister from appointing any  other person as the General Manager of TBC.

On June 26 Mrs  Fifita’s lawyer, Clive Edwards, asked  to submit an affidavit from the former Company  Secretary of TBC, Ane Mailangi, which it was said had a “critical bearing on the  case.

“The admission  of    the affidavit of Ms. Mailangi marked a fundamental shift in the basis  of Mrs. Fifita’s case,” Lord Chief Justice Paulsen said.

Mr Edwards disavowed the earlier arguments that Mrs Fifita had a right of renewal under her contract of employment which had already been approved by the then Minister or that in withholding his approval to her  reappointment  the  Minister  had  breached an implied obligation  of mutual trust  and confidence,  did not  act in good faith or failed to observe natural justice.

Following the submission of the new affidavit, Mr Edwards argued that the Minister had in fact given his approval to the reappointment of Mrs. Fifita.  Secondly,  he argued that  the Minister could not withhold his approval because  he did not  accept the terms of employment agreed between Mrs.  Fifita  and  TBC.

“Mrs. Fifita says that prior to  the expiry  of  the contract  she  made the  then Chairman of the Board, Mr. Tapu Panuve,  aware that her contract was up for renewal and she understood from him that it would be  renewed,” the judge said.

“Despite a sub-committee of the Board conducting a review of her performance and finding it satisfactory, Mrs. Fifita’s contract was not renewed.”

Lord Chief Justice Paulsen said that Ms. Mailangi gave evidence that the Minister had approved the renewal of the contract, but that he wanted it to be amended so that the  renewal  clause  would  not appear again in any future employment document.

However, after analysing the different claims, the judge said Mrs. Fifita had entered into a new contract  with TBC on March 21 this year. This expressly provided that  the appointment was subject to section 26 of the Public Enterprises Act. Her reappointment therefore undoubtedly  required  the  Minister’s  approval, but that approval was never obtained.

“In relation to Mrs. Fifita’s contract the Minister had legitimate reason to be concerned that it contained a right of renewal,” the judge said.

“That provision was inconsistent with Government policy which required that posts be advertised and thereby subject to open competition. Even had his approval been given subject to the removal of the renewal provision, that was a condition the Minister was entitled to impose.

“It follows that. Mrs. Fifita’s application for judicial review must be dismissed.”

The main points

  • The Supreme Court has dismissed an application by Nanisē Fifita to quash a decision by the Minister for Public Services to void her reappointment as the General Manger of Tonga Broadcasting Commission.
  • However, Chief Justice Paulsen said he made no comment as to whether she may still have remedies available to her in respect of any failings of the Board of TBC to obtain the Minister’s approval to her reappointment.
  • Some evidence had been presented by Mrs. Fifita that she was not reappointed because the Prime Minister was angry with journalists at TBC.
  • “However, this issue hardly featured at all in  counsel’s arguments and was not relevant to the issues I  had to   decide,” the judge said.

One year on, service will commemorate victims of Katikati crash

By
Kalino Latu and Philip Cass
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A ceremony will be held next week to mark the anniversary of the deaths of five Tongan fruit pickers in Katikati last year.

Clive Exelby, manager of the Aongatete Coolstores in Katikati where the young men worked, told Kaniva News this afternoon the ceremony would be held on Wednesday, August 2.

Exelby said they had invited Tongans living in the area to attend.

The event will include a prayer service and speeches from community leaders.

Exelby said that the half-hour service will take place on the site of the accident, which is just outside the entry to the Aongatete Coolstores.

He said they will be erecting a marquee in case it rains but they’re hoping that it would be a fine day.

The service will be attended by the Tongan workers who came back for this season as well as other staff  and the small but growing Tongan community in Katikati are also expected to attend.

The service will be followed by a cup of tea and sandwiches.

The  mother of Halani Fine, Mele, who was driving the car in which the five men died, will be at the ceremony.

His family will unveil a memorial stone next week.

Fine was the only one to be buried in New  Zealand. The rest of the bodies were returned to Tonga.

It is  understood that Ana Bing Fonua from the Tongan Minisry of Internal Affairs will be in Auckland next week and is expected to attend the ceremony.

The five people who died in the crash were Sitiveni Vaipulu, 44, his son Koli Vaipulu, 21, Halani Fine, 29, Sione Teulaka, 21 and Samuela Taukatelata, 28.

Four of them were working for Aongatete Coolstores, while the other was a local resident.

They had just finished their shift when the accident happened.

The car in which they were travelling was involved in a collision with a logging truck.

The driver of the truck was unhurt.

A remembrance service led by Rev Fono ‘Ahio and attended by 500 people was held at the Christian Centre in Katikati two days after the crash.

The main points

  • A ceremony will be held next week to mark the anniversary of the deaths of five Tongan fruit pickers in Katikati last year.
  • Clive Exelby, manager of the Aongatete Pack House in Katikati where the young men worked, told Kaniva News this afternoon the ceremony would be held on Wednesday, August 2.
  • Exelby said they had invited Tongans living in the area to attend.
  • The event will include a prayer service and speeches from community leaders.

For more information 

Grief as Tongan fatal crash victims’ names including father and son emerge 

Crash victims honoured; “I am sorry”, Halani’s mother says

Tongan All Black wants to bring back more experience, success, from time in France

By
Philip Cass
-

Malakai Fekitoa says he hopes to return to New Zealand with “more experience and success” after signing a two year contract with French club Toulon.

Fekitoa, who also plays for the Highlanders, will join former All Blacks Ma’a Nonu and Luke McAlister at Toulon.

As Kaniva News reported earlier this month, Fekitoa signed with Toulon after not making the original cut for the All Blacks.

However he was called in for the third test and there have been questions in the media about whether he would try to get out of his contract.

He was one of four Tongan players to line up on either side of the All Blacks-Lions match.

After he was selected to play for the New Zealand national team there was speculation that he might try to get out of the contract.

In an emotional message posted online, Fekitoa said:

“I wanted to let you all know that after a lot of thought I have decided to join Toulon (RCT) at the end of the year. It has been the hardest decision of my life to leave New Zealand, but after looking at all the things that are important to me I feel this is the right time for me personally and for my career. I especially want to thank NZR and the @Allblacks, the @Highlandersteam and @AucklandRugby for all your support and development over the years. Most of all I want to thank my team mates for all your support and friendships. Finally to my fans THANK YOU, it’s been a hell of a ride. I’m blessed and thankful to play this game. Doesn’t matter where I go to work. We still have a lot more to do. I hope to return one day with more experience and success.”

The 25 year-old player has signed on with Toulon for two years.

He had been in touch with foreign clubs in the lead up to the Highlanders’ opening Super Rugby match in February.

He will take the field for the Highlanders against the Crusaders in Christchurch on Saturday night.

The main points

  • Malakai Fekitoa says he hopes to return to New Zealand with more experience and signing a two year contract with French club Toulon.
  • He said he hoped to return to New Zealand with “more experience and success.”
  • Fekitoa, who also plays for the Highlanders, will join former All Blacks Ma’a Nonu and Luke McAlister at Toulon.
  • As Kaniva News reported earlier this month, Fekitoa signed a contract with Toulon after not making the original cut for the All Blacks.

For more information

Malakai Fekitoa’s move to France confirmed

Naked, pedigreed and determined – Tongan players in the All Blacks-Lions clash

Rugby community reels at death of Talaʻofa Saafi

By
Kalino Latu
-

A senior rugby officer who died suddenly last night in Tonga has been remembered as an “outstanding employee”.

The rugby community was reeling from the loss of 37-year-old Tala’ofa Saafi, with rugby authorities and friends across the kingdom paying respect to him.

“He is one of our Senior Rugby Development Officers”, Tonga Rugby Union (TRU)  boss Fe’ao Vunipola told Kaniva News.

“Outstanding employee who always gives his utmost best in whatever he does”, he said.

He said Saafi’s death has hit the union hard.

Former President of TRU and Member of Parliament Sangstar Saulala said Saafi and his family were staying in Lavengamalie.

Saulala who is also one of the leaders of the Lavengamalie institutes said Saafi worked as a registrar at the Lavengamalie Institute of Technology and also the coach for the Lavengamalie Hurricanes.

Saulala remembered Saafi as a “brother”. He said yesterday was a special day for Saafi he was happy and they had good talk with him about plans for the future.

Saulala said he did not know that was his last day with him.

“RIL my brother Talaofa Saafi may God give peace to your family”, he wrote on Facebook.

Former TRU CEO ‘Emeline Tuita said Saafi had a vision for the development of rugby and sports for the community.

“Ours is not to reason why such qualified, talented leadership is wrenched away so soon”, Tuita said.

“You have left a deep impression and will not be forgotten. May the fulfillment of visions align with our passion to yield opportunities for our Tongans here and abroad so that your legacy lives on.

“Always smiling, always believing that there will be better times for the school and for sports/rugby.”

Saafi is survived by his wife Judie Lauaki Saafi and their five children.

Police sergeant rejects bribe, court told; an officer suspended on suspicion of committing crimes

By
Kalino Latu
-

A Police sergeant had declined a bribery attempt while he and other officers were executing a search warrant in Popua, a court was told.

Police Sergeant Tuʻutafaiva and a team of officers were about to search a second house when Nausaimone Kitekeiʻaho interrupted and asked to talk to him.

He asked Tuʻutafaiva not to search the house and offered him TP$2,000 in which Tuʻutafaiva rejected.

Police searched the house and found an amount of marijuana leaves and buds, Kakalu ʻo Tonga newspaper reported.

The hearing last week began at a Lower Court after Police charged Kitekeiʻaho with possession of illegal drugs in November 2014.

Meanwhile, nine Police officers had been suspended since June this year on suspicion of committing criminal offences.

The latest was an officer who was suspended on Tuesday 19 July

The Ministry of Police suspected the officer was also drunk.

He was expected to appear in court.

Supreme Court sends rapist to jail for 13 years after guilty plea to multiple counts

By
Philip Cass
-

A man has been sentenced to 15 years in prison after being found guilty of multiple counts of unlawful carnal knowledge, rape and incest.

The last two years of his sentence will be suspended.

Mr Justice Cato, presiding, described the offending as serious.

He said he had recently had to deal with a number of cases of this kind.

‘Elevisi Mo’unga, 46, pleaded guilty to two counts of carnal  knowledge  of  a child contrary to section  121(1)  of  the  Criminal  Offences  Act, two counts of rape contrary to section 118(1) (a) of the Criminal Offences Act, incest by male contrary to  section  132  of  the Criminal Offences Act,  indecent  assault  of  a child  under  the  age of 12 contrary to section 125 of the Criminal  Offences  Act,  two  counts of carnal knowledge of a young person contrary to section 121(2) of the Criminal Offences Act, and counts  of  serious indecent assault contrary to section 124 of the  Criminal  Offences Act, and one  of indecent assault.

He was arrested in October last year and has been remanded in custody ever since.

The court was told that one of his victims had been mentally and emotionally seriously affected and since disappeared from view.

Mr Justice Cato said although the victim reported the matter to police and  the accused admitted the offence, the complaint was never dealt with because it was not handled properly by one officer and then dealt with incompetently by another.

“As a result, the prisoner was not charged until another series of sexual offences had  been  committed,” the judge said.

“This would have  been  avoided  had action  been taken  promptly.”

Mo’unga was sentenced to 15 years with the last two years suspended on condition he does not commit any imprisonable offences, he does not reside with girls or women during the period of his suspension, he undergoes counselling for sexual abuse.

The main points

  • A man has been sentenced to 15 years in prison after being found guilty of multiple counts of unlawful carnal knowledge, rape and incest.
  • The last two years of his sentence will be suspended.
  • Mr Justice Cato, presiding, described the offending as serious.

Tongan man killed in shooting in the United State

By
Kaniva Staff
-

A Tongan man was killed in a shooting in South Los Angeles on Wednesday evening, police said.

Reports said the deceased was Sifa Maama and he was of Tongan descent.

He was shot near a marijuana dispensary in South Los Angeles, police said.

ABC7 report said the gunfire erupted just before 10 p.m. (GMT-7) during a possible attempted robbery of the pot shop, located at Imperial Highway and Broadway, according to investigators.

Police said one person was dead at the scene. The conditions of the wounded individuals were unknown.

When the first call to 911 came in, the area was flooded with a large contingent of emergency personnel, including firefighters, paramedics and nearly a dozen black and white Los Angeles Police Department cruisers.

Just inside the front door of the dispensary, there appeared to be a pool of blood and a number of evidence markers.

No arrests were announced, and a description of the shooter was unavailable.

Tongan man allowed home after two years in American Samoan jail

By
Philip Cass
-

A Tongan man who was jailed in American Samoa for two years flew home on Thursday.

Toni Foketi had been held by immigration after his immigration ID card expired.

He was freed after a local Seventh Day Adventist NGO, Alliance for Strengthening Families, helped pay for a lawyer, Mark Ude, so he could go to court for an immigration hearing.

A spokesman for the NGO, Brian Loma, told Radio New Zealand Foketi “got into a little bit of trouble” and was put on probation. As a result he was not allowed to renew his ID.

Foketi remained in American Samoa working in a bakery and because of the trouble he had got into,  the immigration board told him he couldn’t renew his ID.

A news source in American Samoa reported that court ruled that Foketi’s failure to depart the territory after Immigration denied him a new ID to stay with his locally-born son, was a probation violation.

He faced deportation but was jailed until he could pay for his airfare.

Loma said the court gave approval for Foketi to return home, but the Department of Health and Social Services did not want the son left behind with no parents on island and they wanted to see both father and son leaving

Local businessman and member of the SDA Church,  Litani Ahoia and other members of the SDA church, helped fund Foketi’s son’s ticket while Foketi’s family helped pay his airfare to Tonga.

“When immigration would detain somebody they should have a process to ensure that that person has a speedy departure from this country and there should have been a way for him to go home or to accelerate that process,” Loma said.

For more information 

Tongan detained for years in American Samoa allowed to go home 

After two years in detention Tongan citizen returns home

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