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Fua’amotu man found not guilty in stabbing death for acting in self-defence

By
Kaniva Staff
-

Sio Vaka, 20, is a free man after Supreme Court found that he acted in self-defence and not out of revenge.

He was found not guilty on June 13 for stabbing death of 33-year-old Lipine Fakatene, also from Fua’amotu.

Vaka was repeatedly assaulted on January 17 and after an earlier incident he went to his home and returned with a sharp kitchen knife.  Vaka was injured in that assault, the court was told.

The  worst being that Vaka had been hit by a rock which caused him sufficient discomfort.

He admitted in his record of interview, he was plainly so angry  alter the assault.

He had tried with his mother who had been informed of his injury in early evening to get assistance to travel to the hospital for treatment.

While they were looking for a transport Lipine and his young brother Sione approached them and then Lipine punched the accused with sufficient force to cause him to stagger back, the judgement said.

“I accept that Lipine  was a strongly built man and bigger than Sione who also appeared to be robust”, Mr. Paulsen said.

“The accused by comparison  was  slightly  built, and  rather  thin. I also accept that the mother Talafaiva intervened, attempted  to stand between Lipine and her son and tried to hold Lipine back but was unable to do so.

“I accept the evidence of Sione who was present nearby that he fronted up to the accused  and  was prepared  to fight but that he did not become further involved because the accused pulled the knife on him in a stabbing movement or movements which he avoided.

“During  this assault, the accused may have attempted  to cover his head and then retaliated by stabbing the deceased with a knife twice with sufficient force to enter deep into the body  and sever an artery close to the heart.

“This caused bleeding and lung and heart complications. The deceased collapsed shortly after and died before reaching hospital”.

Mr Paulsen said: “I accept that the accused at the material time of the stabbing had acted in self-defence and not out of revenge. The accused is accordingly acquitted  of  manslaughter and discharged  from  the indictment”.

He said if the accused used the knife  to  avenge  the actions of others who had assaulted him he, likely, would  have been prosecuted had others been harmed.

Paulsen warned that the “judgement does not condone the accused’s foolish action in taking a knife from his home to use in retribution or to avenge the actions of others who had assaulted him, earlier in the day”.

The accused was represented by Sifa Tu’utafaiva while ‘Aho acted for the prosecution.

Kelekolio’s ‘disturbance’ threat against PM incites public reactions, Minister of Police says

By
Kalino Latu
-

Tonga’s Minister of Police said Kelekolio Tapueluelu’s disturbance threat against the Prime Minister during a press conference in Nuku’alofa last week had provoked public reactions.

Kelekolio told Prime Minister ‘Akilisi Pohiva at Fa’onelua Convention centre he had intended to disturb “fakahoha’asi” him from time to time until he would change his mind and bring back the Pacific Games 2019 to Tonga.

He told Hon. Pohiva he was ready to die as long as he would achieve his mission.

He said he was making the same threat the Prime Minister had made when he was in opposition after he declared he would continue to disturb the King until he agreed to reform Tonga’s political system into democracy.

The government declared last month it had cancelled hosting the Pacific Games.

This has angered the Pacific Games council as well as Tonga’s Games Organising Committee led by Lord Sevele ‘o Vailahi.

It is understood Kelekolio was a staunch supporter of Lord Sevele who has led a campaign since last month against the government’s decision.

Hon. Māteni Tapueluelu said he was concerned about the threat, whether it has an issue with the law or not, but the statement itself has posed national security threat to the kingdom.

The Minister said some people went looking for Kelekolio and when they found him an attack ensued. Kelekolio was injured during the attack, he said.

In Tongan the Minister said: “Sea ko hono ue’iue’i ‘a e fonua ke ngaungaue ‘o fehāngaaki ha ngaahi kupu, ko e tokotaha ko eni na’e, na’e kumi ia he ni’ihi ‘aneafi, na’e līpooti mai ki he Potungāue Polisi, na’e iku ‘o alasi ‘e he ni’ihi ‘o lavea e tokotaha ko eni ‘aneafi pea ‘oku tauhi ia ‘i ‘api polisi ke malu pea ‘oku fai ‘a e ngāue ki he keisi ko ia”.

The alleged attack on Kelekolio occurred outside a restaurant in Nukuʻalofa on June 14.

It followed with Police arresting a 49-year-old man on Thursday 15.

A 47-year-old man was later arrested on Friday, June 16.

They both charged with assault and will appear at the Magistrate’s Court on 30 June.

The Minister of Police told the House on Thursday last week after the assault Police accompanied Kelekolio to the station to protect him from any further attack.

Tapueluelu is a New Zealand – Tongan resident and he flew to Tonga the previous week to support his former boss in Tonga, Lord Sevele.

Supreme Court refuses to revoke authority to administer mother’s estate

By
Philip Cass
-

The Supreme Court has refused to revoke the authority of Siosaia Pekipaki to administer his mother ‘Ofa Pekipaki ’s estate.

However, Lord Chief Justice Paulsen said he would not make an order on costs because Siosaia had misled the court and had brought the court proceedings on himself.

‘Ofa Pekipaki  died without a will on April 15, 2016 in the United States.

Siosaia Pekipaki was granted letters of administration by the Supreme Court on  November  21, 2016.

Frank Powell, a half-brother of Siosaia from ‘Ofa’s first marriage, applied to revoke the letters of administration on the ground that Siosaia had lied when said he did not have any information about Powell’s whereabouts in the United States and failed to disclose that he had two other half-brothers from ‘Ofa’s first marriage.

‘Ofa and her brother Tevita Moimoi, who has also died, were joint holders  of a registered lease of a property on the corner of Railway Road and Salote Road, Nuku’alofa. The  court was told the lease  expired  in 2070 and was a valuable asset.

Tevita Moimoi  died  in  2015 and no application  was made to administer his estate. His widow, Mele’ana Moimoi, 78, years and is living in the property.

Siosaia argued that on his death Tevita’s interest in the lease passed to ‘Ofa.

At the time  of her death her one asset in Tonga was the  lease.

On  June 21, 2016 Siosaia gave public notice ·in the Talaki Newspaper of his intention to apply for  letters  of administration and for any creditor to give  notice  of  any  claim to him. No creditor made any claim.

Powell launched his application to have Siosaia’s authority to administer the estate. He alleged that Siosai was aware of the existence of the other siblings. Other submissions were made, including one from Mrs. Pahulu-Kuli who claimed Siosaia had lied to fraudulently obtain for himself a greater share of the estate than  he  was  entitled to.

Lord Chief Justice Paulsen said while some doubt had been cast on Siosaia’s trustworthiness , it fell short of establishing an intention to defraud.

However, after careful reflection the judge said he had decided not to revoke his grant to administer the estate.

While Powell said he was concerned with ensuring a fair distribution of the estate,  neither he nor anybody other than Siosaia made any attempt to preserve the lease or to  apply  for  letters  of  administration.

There was a chance the lease would have been cancelled if but for the steps taken  by  Siosaia to preserve it by paying the outstanding rent.

The judge said he was satisfied that the steps taken by Siosaia to administer  the  estate were prudent and appropriate.

“I am also satisfied that Siosaia understands  his obligations  as administrator and has identified those who are entitled to share in the estate, including his half-brothers,” the judge said.

He said suggestions that Powell and Siosaia be appointed joint administrators were not realistic. He had no confidence they could co-operate in the interests of the estate. Any such arrangement would invite further legal action.

The main points

  • The Supreme Court has refused to revoke the authority of Siosaia Pekipaki to administer his mother ‘Ofa Pekipaki ’s estate.
  • However, Lord Chief Justice Paulsen said he would not make an order on costs because Siosaia had misled the court and had brought the court proceedings on himself.
  • The judge said while some doubt had been cast on Siosaia’s trustworthiness , it fell short of establishing an intention to defraud.
  • However, after careful reflection the judge said he had decided not to revoke his grant to administer the estate.

Trade deal worthless without PNG or Fiji says economist, but NZ boasts of benefits

By
Philip Cass
-

A prominent regional economist says that without PNG or Fiji, the PACER Plus agreement, which was signed in Tonga last week, is worthless.

Dr Wadan Narsey told the ABC that in the long run, the Island’s largest economies might prefer dealing with China and Indonesia.

But New Zealand Prime Minister Bill English described the absence of Vanuatu, Fiji and Papua New Guinea from the ceremony in Nuku’alofa only as “disappointing.’

As Kaniva News reported last week, Vanuatu said it would not sign the regional trade agreement until it had read the 1000 page agreement properly.

“It’s a bit unclear to us exactly what their objections are because it’s an agreement which gives a very long period of time in which to adjust trading regimes and quite a lot of assistance building the infrastructure that helps with the trade,” English said.

New Zealand Trade Minister Todd McClay said he was not worried about the absence of Vanuatu, Fiji and PNG.

He said the agreement would help develop the countries which signed through trade and raise their standard of living.

There would be an immediate benefit from a $55 million New Zealand-Australian aid package.

However, the trade deal has been the subject of continued criticism, with claims that Australia and New Zealand would benefit the most.

The Federated States of Micronesia, Marshall Islands and Palau were also absent from Wednesday’s signing ceremony, but due to transport issues rather than political differences.

The main points

  • New Zealand Prime Minister Bill English has described the absence of Vanuatu, Fiji and Papua New Guinea from the PACER Plus signing in Nuku’alofa as “disappointing.’
  • But a prominent regional economist, Dr Wadan Narsey, said that without PNG and Fiji, the regional trade agreement was worthless.
  • He told the ABC that in the long run, the Island’s largest economies might prefer dealing with China and Indonesia.

For more information 

One less seat at PACER Plus table as Vanuatu pulls out ahead of Tongan  ceremony

Economist says PACER Plus without PNG and Fiji is worthless 

Tongan broadcaster joins two week programme with New Zealand media

By
Kalino Latu
-

Onesi Saluni from the Tonga Broadcasting Commission was one of four Pacific broadcasters to work in the New Zealand media last month.

Saluni joined  Temo Sukanaivalu from Cook Islands TV, Anthony Roebeck of Samoa Broadcasting Corporation (TV1) and Glenda Gabriel from Papua New Guinea’s EMTV for the two week placement.

The programme was organised by Pacific Cooperation Broadcasting Ltd.

A second group of broadcasters, including Fred Osifelo from Solomon Islands Broadcasting Corporation, Faiyaz Khan from Fiji Broadcasting Corporation, Tifaga Tupuiliu from Broadcasting Corporation of Niue and Vanuatu Broadcasting and Television Corporation’s Horofino Morin started a fortnight’s training last week.

They worked with media operators and engineers from TVNZ and Mediaworks.

The two week programmes are designed to upgrade their skills in  a number of areas, including presentation suite, video editing, camera work, outside broadcasting, news production, master control room, audio engineering, and vision-switching.

This exchange was a combination of both observation and practical experience.

General Manager for PCBL Natasha Meleisea said apart from the training, the visits allowed the Pacific media workers to make contacts within the New Zealand and Pacific industry.

She said the media workers taking part had found the experience very useful.

PCBL was planning to host more Pacific broadcasters later this year.

PCBL was established by the New Zealand government and is funded by the Ministry of Foreign Affairs and Trade and Pacific Cooperation Foundation.

It provides New Zealand content to island broadcasters and supports local production by supplying equipment and training.

The main points

  • Onesi Saluni from the Tonga Broadcasting Commission was one of four Pacific broadcasters to work in the New Zealand media last month.
  • Saluni joined Temo Sukanaivalu from Cook Islands TV, Anthony Roebeck of Samoa Broadcasting Corporation (TV1) and Glenda Gabriel from Papua New Guinea’s EMTV for the two week placement.
  • The programme was organised by Pacific Cooperation Broadcasting Ltd.

For more information

Pacific Cooperation Broadcasting Ltd

http://www.pasifikatv.co.nz/

NZ, which funds Tonga sporting facility, says hosting 2022 Commonwealth Games too much

By
Kalino Latu
-

Just a month after Tonga withdrew from hosting the 2019 Pacific Games, New Zealand has said it has no intention of taking on the next Commonwealth Games because of the amount of infrastructure that would need to be built.

New Zealand, which contributed about NZ$2 million of tax payers’ money to Tonga for the renovation of the Teufaiva stadium, was responding to questions from media after Durban in South Africa was stripped of hosting rights over a trail of missed deadlines and financial problems.

“We have no intention of taking over the 2022 Commonwealth Games,” Sports and Recreation Minister Jonathan Coleman said.

While New Zealand Prime Minister Bill English was in Nuku’alofa last week on a two-day state visit he joined Prime Minister ‘Akilisi Pohiva in a ribbon-cutting ceremony to reopen the Teufaiva sports field.

The national stadium was vital for Tonga’s sporting events and the upgrade had been part of a plan for Tonga to host the 2019 Pacific Games and international rugby tests.

Hon. Pohiva said Tonga was not ready to host the Games and the situation was more difficult after PNG confirmed it would not contribute the TP$33 million it had promised to help Tonga hosting the Games.

He said it was not fair for Tonga to host the Games while about 60 percent of its national budget relied heavily on foreign donors like New Zealand.

However, the cancellation of hosting the Pacific Games now hangs in the balance after a petition by people who want Tonga to host the Games was submitted to the king on Friday.

The Pacific Games Council has given Tonga until the end of June to reaffirm its position on the Games.

In a previous interview Hon. Pohiva said he was told by New Zealand former Foreign Minister Murray McCully to be cautious about hosting the Pacific Games 2019.

New Zealand has also helped Tonga fund other projects.

As Kaniva News reported last year, New Zealand and Australia co-funded a multi-million dollar programme for non-government secondary schools in the kingdom.

Australia’s Department of Foreign Affairs and Trade (DFAT) has contributed TP$30,554,487 (Aus$18.5 million) since 2009 and New Zealand’s Ministry of Foreign Affairs and Trade (MFAT) provided TP$12 million (NZ$9 million) to cover the period 2013 to 2016.

The main points

  • Just a month after Tonga withdrew from hosting the 2019 Pacific Games, New Zealand has said it has no intention of taking on the next Commonwealth Games because of the amount of infrastructure that would need to be built.
  • New Zealand was responding to questions from media after Durban in South Africa was stripped of hosting rights over a failure to deliver on its promises.
  • Tonga’s the cancellation of hosting the Pacific Games now hangs in the balance after a petition by people who want Tonga to host the Games was submitted to the king on Friday.
  • The Pacific Games Council has given Tonga until the end of June to reaffirm its position in on the Games.

For more information 

 Commonwealth Games: Durban stripped of right to hold 2022 Games over financial problems

84 lucky Tongans win New Zealand Pacific Quota ballot 2017

By
Kaniva Staff
-

The New Zealand immigration has released 84 lucky numbers that belonged to Tongan applicants who had registered for 2017 ballot to live in New Zealand.

The successful applicants would be contacted directly by the New Zealand immigration, it said.

“We will be in touch with you shortly with information on how to complete and lodge your residence application”, it said.

“If your registration number is not on these official lists, then unfortunately your number was not drawn and you are therefore not eligible to apply for New Zealand residence under the 2017 Pacific Access Category.

“We will only be contacting registrants who were selected from the ballots”.

Tonga

The following Tongan Pacific Access Category registration numbers have been selected by ballot:

15774312

15814356

15831713

15840734

15774402

15814376

15831742

15840805

15776215

15814587

15831858

15840856

15777618

15814637

15832008

15841010

15780616

15814658

15832018

15842531

15782024

15819542

15832079

15842753

15790274

15819880

15832194

15842810

15791932

15819884

15832365

15843120

15792420

15821068

15832487

15843199

15792492

15822766

15832496

15843249

15794177

15830006

15832563

15843255

15798441

15830146

15832611

15843375

15799395

15831611

15832769

15844335

15799591

15831615

15834128

15844407

15800206

15838908

15834286

15844657

15800975

15838978

15835267

15845130

15804639

15839393

15835635

15846684

15806877

15840555

15836301

15846952

15807253

15807436

15836693

15851533

15807376

15813945

15837031

15853502

15923662

15902601

15838880

15876630

Unacceptable for judges to withhold reasons for judgements Supreme Court told

By
Philip Cass
-

Lord Chief Justice Paulsen has criticised a magistrate for not providing reasons for his decision in a child support case.

“I have previously  commented  on the  Magistrates’  duty  to give reasons for their decisions which is a fundamental requirement of due process,” Lord Chief Justice Paulsen said.

“It is entirely unacceptable that no reasons were given by the Magistrate in this case.

“On rare occasions in contested proceedings the Court may issue orders with reasons to follow, but if this  is  necessary the reasons must be provided at the first  available  opportunity.

“In this case over six months have elapsed and that is unacceptable.”

In the original court case, on  25  November 2016, Magistrate  Tuita  ordered that Mr Wileon Fong of Pili was the father of the child or Ms Pasalona Tui, a single woman residing at Haveluloto in  Tongatapu.

He ordered that Fong pay Tui the sum of $150 per week until May 16, 2019  for maintenance of the child named Joshua Yuen Fong of which the said Wileon Fong was the father.

However, both Fong and Tui were dissatisfied with the judgement because no reasons were given for it.

“The parties could  be  forgiven  for  regarding  with scepticism reasons provided so long after the hearing and in the face of  a challenge to the orders made,” Lord Chief Justice Paulsen said.

“I have thought about requiring  the Magistrate  to  provide  his reasons,  but Counsel are of the view that the better course is that the appeal be allowed and remitted back to be heard again before another Magistrate and I agree.”

He ordered that the orders made by Magistrate Tuita be set  aside.

The case was remitted to the Magistrates’ Court for rehearing before another Magistrate.

The main points

  • Lord Chief Justice Paulsen has criticised a magistrate for not providing reasons for his decision in a child support case.
  • In the original court case, on 25  November 2016, Magistrate  Tuita  ordered that Wileon Fong of Pili was the father of the child or Pasalona Tui, a single woman residing at Haveluloto in
  • However, both Fong and Tui were dissatisfied with the judgement because no reasons were given for it.

Dozens march to the king over Gov’t’s decision against Pacific Games hosting

By
Kalino Latu
-

About 30 people who were supporters of a move to bring back the Pacific Games 2019 to Tonga rallied and marched to the Palace office yesterday with a petition to the King.

The petitioners have asked His Majesty King Tupou VI to revoke the government’s decision last month to withdraw from hosting the Games.

The petition, which has 11,366 signatures, was presented by His Majesty’s brother-in-law Lord Vaea and it was received by the Palace Office’s Senior Assistant Secretary, Suka ‘Otukolo.

Lord Vaea who is also the acting president of TASA introduced the petition and made a speech to support it.

He spoke using the Tongan way of fakamalanga in which the speaker sometime used figurative expressions to describe and explain what they wanted.

Lord Vaea figuratively told Otukolo who holds the herald name Kavafusi, Samoa and Fiji have hosted the Games and they might ask why Tonga could not do it.

He said he and those who were in the march were representing the Tongan sport community and the youth.

While he was speaking some of his supporters who were in the office showed their supports by speaking out and said “mālie” (excellent) or “mo’oni ia” (that’s true).

Lord Sevele, the chairman of the Pacific Games Organizing Committee joined the march as well as some prominent figures in the sport community including former ‘Ikale Tahi players Fakahau Valu and Poutele Tu’ihalamaka.

“Judgement was clean”, says Miss Apraxus organiser as outrage fades

By
Kalino Latu
-

The decision about who won the Miss Apraxus 2017 title on Saturday was “clean,” the competition’s organiser, Salote Heletā Lilo, has insisted.

Lilo was responding after outrage about the results on social media over the weekend, with many people expressing their doubts about the result.

She said she took no part in the judgement and all records of judgements during the competition were kept by the auditor.

Eight competitors who participated in the beauty contest signed contract agreement with Apraxus which laid out the rules and judgment criteria to be followed, Lilo said.

The furore erupted after it was announced the winner of the Miss Apraxus 2017 was Ophelia Kava of Salʻs Creation.

Kava scooped prizes in all sections, including beach wear, intelligent interview, tau’olunga and evening wear.

Some parents and supporters vented their anger to Kaniva News with many claiming the judgement criteria were changed during the five week-end competitions that led to the final award.

A parent alleged that the time frame for the tau’olunga (solo dance) was five minutes, but during the competition they were told to change it and it was open to whatever length of time the tau’olunga could take.

The parent, who spoke on condition of anonymity, said the interview was first set for the contestants to draw their questions, but it was later announced they would be interviewed according to the profile of the contestants.

The parent alleged this disadvantaged  many competitors.

Lilo said she had been running the competition for years and expected there would be complaints and criticism.

“Some supporters and parents were unhappy with the outcomes and I was prepared for it,” Lilo said.

“This does not affect me, but I take it.”

She said all eight contestants were happy with what they had achieved and they said they had learnt and obtained great experiences during the competition.

Most of them were New Zealand-born Tongans and what mattered most to them was to participate in a competition that hosted Tongan cultural activities in which they had not previously participated.

Lilo said she understood some people vented their disappointed on Facebook, but after some time they contacted her and apologised. She said some ended up praying with her over the phone after they reconciled.

All the beauty contestants will go to Tonga next week as part of a free ticket sponsored by the Apraxus.

Miss Apraxus 2017 Ophelia Kava will take part in the Miss Heilala competition. Other Miss Apraxus competitors are also free to take part.

The main points

  • The decision on won the Miss Apraxus 2017 title on Saturday was “clean,” the competition’s organiser, Salote Heleta Lilo, has insisted.
  • Eight competitors who participated in the beauty contest signed contract agreement with Apraxus which laid out the rules and judgment criteria to be followed, Lilo said.
  • She said she took no part in the judgement and all records of judgements during the competition were kept by the auditor, it said.
  • Lilo was responding after outrage about the results on social media over the weekend, with many people expressing their doubts about the result.

For more information

Miss Appraxus 2017 contestants wear puletaha

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