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Tribunal overturns Cabinet Secretary’s dismissal; orders PSC to pay court costs

By
Philip Cass
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The Public Service Tribunal has overturned the dismissal of Busby Kautoke as Chief Secretary and Secretary to Cabinet in August 2012.

The appeal was heard after several years’ delay.

During this time there was a certain amount of legal manouvreing and it proved impossible to convene the appropriate people to hear the case until last month.

The appeal was heard by a tribunal chaired by Lord Tupou, KC and with Laki Niu, SC and Timote Katoanga as members.

Mr Kautoke was dismissed over allegations of financial impropriety concerning the apparent disappearance of more than $1 million relating to the Constitutional and Electoral Reform Programme.

A later audit found this figure to be inaccurate.

It was alleged that Kautoke had failed to adequately supervise transactions relating to the CER programme, but it was pointed out that responsibility for the finances had been transferred from the Prime Minister’s office to the Ministry of Finance and National Planning.

Lord Tu’ivakano was Prime Minister at the time of Mr Kautoke’s dismissal.

A number of procedural issues in the dismissal were considered in the hundreds of pages of written evidence that has accumulated over the years.

The Tribunal said the charges laid against Mr Kautoke were invalid and could not be used to terminate his contract under any provision of the Public Service Act 2002; any Public Service Regulations or  the Public Finance Management.

The tribunal therefore ruled that his dismissal be set aside.

“Any entitlement of his to salaries to be reimbursed to him for his  dismissal would be substantially reduced and lost by reason of payment of the costs of this appeal,” the Tribunal’s report said.

“That cannot be fair.”

The Public Service Commission has therefore been ordered to pay Mr Kautoke’s court costs.

The main points

  • The Public Service Tribunal has overturned the dismissal of Busby Kautoke as Chief Secretary and Secretary to Cabinet in August 2012.
  • The appeal was heard by a tribunal chaired by Lord Tupou, KC and with Lal Niu, SC and Timote Katoanga as members.
  • Mr Kautoke was dismissed over allegations of financial impropriety concerning the apparent disappearance of more than $1 million.
  • The Tribunal said the charges laid against Mr Kautoke were invalid and ruled that his dismissal be set aside.

For more information 

Court orders Tribunal to reconvene and consider Cabinet Secretary’s appeal again 

New boss announced for Ministry of Land and Survey

By
Kalino Latu
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The Ministry of Land and Natural Resources has appointed Rosamond Carter Bing as the Ministry’s new chief executive officer.

Ms. Bing is a law graduate of the Australian National University where she also attained a Master of Laws.

She has been a member of the Tongan Bar since 2001.

“With over 10 years of experience in the Ministry of Lands and Natural Resources, Ms. Bing has progressed through her public service career in the Ministry of Lands and Natural Resources in 2002 from her first posting as a Principal Assistant Secretary, then most recently as a consulting Legal Administrator”, a statement said.

Bing’s appointment was historical for the government to have appointed two sisters as head of some of its ministries.

Ms Bing’s younger sibling, Ms Ana Bing Fonua is the CEO of the Ministry of Internal Affairs.

“The Public Service Commission welcomes Ms. Bing to her new appointment and wishes her well in her tenure as CEO of the Ministry of Lands and Natural Resources”.

Arrest made following shooting outside Vavaʻu Lahi nightclub

By
Kaniva Staff
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Counties Manukau Police have this morning arrested a 25-year-old man in relation to a shooting outside a nightclub in Manukau early on Sunday morning.

The man is expected to appear in the Manukau District Court today charged with wounding with intent to cause grievous bodily harm, discharging a firearm with intent to cause bodily harm and unlawful possession of a firearm.

Police enquiries are continuing into the incident and we cannot rule out the possibility that further people will be charged.

A 31-year-old man who received a gunshot wound to his leg during the altercation has now been released from hospital.

Police continue to ask for anyone who was in the area on Cavendish Drive, Manukau at approximately 2.30am on Sunday 15 May 2017 and saw a fight break out between two groups of people to contact police.

If you have information which can assist the investigation team then please contact Detective Sergeant Kepal Richards on 09 261 1300.

Alternatively, you can contact Crimestoppers anonymously on 0800 555 111.

Vavaʻu man’s death referred to coroner  

By
Kalino Latu
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A 39-year-old man who died in ‘Olo’ua, Vava’u before his body was found in a tax allotment has had his death referred to the coroner.

Police believed Paea Vailea died on Saturday 13 before his body was found.

They released few details about the incident or Vailea.

A post mortem was expected to be carried out today at 3pm in Neiafu to determine the cause of death, a Police spokesperson said.

He was unable to provide further details until the results had been released.

Levies imposed to build Games will be stopped; money collected will be diverted to sport trainings, PM says

By
Kalino Latu
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Prime Minister ‘Akilisi Pohiva said today Monday 15 all levies the government has collected to host the Pacific Games 2019 would be diverted to help prepare the Tongan athletes.

His comment follow today’s announcement that Tonga will not host 2019 Pacific Games.

Hon. Pohiva said he decided to pull out of hosting the Games after he saw a World Bank report last week

The report said many countries, including in the Pacific, were left with under-utilised sporting facilities after hosting sporting events which rapidly deteriorated with under-use and lack of funding for maintenance.

In its budget for 2015/16 the government increased the international passengers’ departure tax by TP$100 to TP$165 while a new charge on foreign currency transfers was expected to collect an additional TP$2 million each year to help fund the Games.

Hon. Pohiva said the government would soon stop collecting the levies and all the money that had already been collected would be diverted and invested on sport training.

When asked how he expected the Pacific Games Council to react, he said they had read the agreement that bound Tonga to host the Games and could not see anything that would backfire on Tonga.

“I told the cabinet not to worry about it as at the end of the day the participating countries and their athletes would leave Tonga and return to their countries, leaving us here with the burden of trying to maintain the quality of these sporting facilities,” the Prime Minister said.

“Maybe the council will penalise Tonga by not giving us any further chance to host the Games in the future,” he said.

New Zealand and Australia

The Prime Minister told Kaniva News he believed New Zealand and Australia did not support Tonga hosting the Games.

He said New Zealand’s former Foreign Affairs Minister Murry McCully warned him about hosting the Games.

He said New Zealand only donated NZ$1.8 millions for the Games while Australia had not made a donation.

“This showed to me they are not supporting Tonga’s hosting the Games”, Pohiva said.

He said there was no problems with this because the two countries had invested millions of dollars on other projects in Tonga.

“It is not fair for Tonga to host the Games while at the same time we are relying pretty much on these countries to support us financially through the budget support funding,” Hon. Pohiva said.

The main points

  • Prime Minister ‘Akilisi Pohiva said today all levies the government has collected for the Pacific Games 2019 will be diverted to help prepare the Tongan athletes.
  • His comment follow today’s announcement that Tonga will not host 2019 Pacific Games.
  • In its budget for 2015/16 the government increased the international passengers’ departure tax by TP$100 to TP$165 while a new charge on foreign currency transfers was expected to collect an additional TP$2 million each year to help fund the Games.
  • When asked how he expected the Pacific Games Council to react, he said they had read the agreement that bound Tonga to host the Games and could not see anything that would backfire on Tonga.

For more information

Tonga will not host 2019 Pacific Games; PM cites World Bank advice on costs

US Police seek Vaitai who allegedly stabbed father, sister during dispute

By
Kaniva Staff
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SANDY, Utah (ABC4 News) – Police are looking for a man accused of assaulting his father and juvenile sister during an argument at a home in Sandy on Friday night.

Sgt. Jason Nielsen of Sandy City Police said 26-year-old Sione Vaitai was involved in a dispute near 10200 S. Mount View Dr. around 10:15 p.m.

Sometime during the argument, Vaitai obtained a large knife and stabbed his father and the sister.

When police arrived, Vaitai had already left the residence.

Both the father and the sister were transported in critical condition to local hospitals.

Vaitai is believe to be driving a white 2009 Chevrolet Silverado with license plate X384BF.

The truck has extended side walls built out of wood in the bed of the truck.

Vaitai is described as a Polynesian male, 6′ 0” tall, weighs 300 pounds and has dark hair. He is believed to be armed and dangerous.

If you locate Vaitai, please call 911.

Police continue to investigate the incident, there are no other details being released at this time.

Authorities await coroner’s report after man died of suspicious injuries

By
Kaniva Staff
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The Tongan authorities are awaiting results of an autopsy on the body of a 74-year-old Longolongo man who died in Vaiola hospital shortly after he was admitted with suspicious injuries.

The man was taken by an ambulance and arrived at the emergency department at 9.30pm. He died two hours later on May 10, Medical Superintendent Dr Lisiate ‘Ulufonua said.

“It was a coroner’s case which I have yet to receive the report”, he said.

Tonga Police said today they also await the report.

As Kaniva News reported last week it was believed the deceased inflicted the injuries on himself.

His family called the hospital emergency service after they found him with severe injuries.

Pohiva says he was “astonished” by World Bank report on Games costs

By
Kalino Latu and Philip Cass
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Prime Minister ‘Akilisi Pohiva said this afternoon he would have cancelled hosting the Pacific Games in 2019 if he had  been aware of the World Bank report earlier.

As Kaniva News reported earlier today, the government has decided Tonga will not host the Games after Hon. Pohiva saw the report for the first time.

He said it appeared no feasibility studies were carried out before the previous government agreed to host the Pacific Games in 2019.

Speaking to Kaniva News at Atalanga this afternoon, the Prime Minister said he was “astonished” by the contents of the report.

Hon. Pohiva said he did not know when the report arrived in Tonga. It was sent to the Ministry of Finance and stayed there until last week when he saw it.

Pohiva said he had no doubt why former Finance Minister Lisiate ʻAkolo criticised the former government for bringing the Games to Tonga because it would ruin the country economically.

Pohiva said he believed ʻAkolo got a copy of the report.

Akolo was finally sacked because of his stance on the Games.

World Bank report

According to the World Bank report, which Hon. Pohiva provided to Kaniva News, the Games would cost US$70 million (TP$ 159,873,183/NZ$101,807,152).

The Bank said this would use up 60 percent of annual government revenue and represent 12% of gross domestic product.

In contrast, the London Olympics were estimated to have cost about 0.6 percent of the UK’s GDP and 1.5 percent of annual Government revenue.

“Additional public expenditure of USD$70 million is very difficult to finance or justify  given Tonga’s  current challenging fiscal and economic position,” the report said.

Government expenditure would have to be cut by up to a third to balance the budget.

Sporting events could lead to increased visitor numbers, which could contribute to economic growth, but the extent of economic growth was heavily dependent on the existing state of the economy.

“Most international studies have found that impact on employment and incomes  is  small  and the gains in government revenue much less  that the original expenditure, leaving fiscal conditions worse. “

The report said that visitors for the event might simply displace existing tourists, especially if capacity was limited.

Disruptions caused by sporting events could lead to economic losses.

Visitors might allocate a large proportion of their spending to imported goods, reducing any benefit to local suppliers.

This was likely to occur in Tonga, where many products were imported.

Foreign-owned tourism and hospitality businesses might repatriate profits, rather than re-injecting them into the local economy.

International evidence shows that specialized investments, such as stadia and aquatic centres, were poor investments, the report said.

They did not generate sufficient return to justify their existence during the  short period of events.

“Many countries, including in the Pacific, have underutilised sporting facilities left over from previous events which rapidly deteriorate with under-use and  lack of funding for  maintenance,”  the report said.

The main points

  • Prime Minister ‘Akilisi Pohiva said this afternoon he would have cancelled hosting the Pacific Games in 2019 if he had been aware of the World Bank report earlier.
  • As Kaniva News reported earlier today, the government has decided Tonga will not host the Games after Hon. Pohiva saw the report for the first time.
  • He said it appeared no feasibility studies were carried out before the previous government agreed to host the Pacific Games in 2019.
  • According to the World Bank report, which Hon. Pohiva provided to Kaniva News, the Games would cost US$70 million.

For more information

Tonga will not host 2019 Pacific Games; PM cites World Bank advice on costs

Tonga will not host 2019 Pacific Games; PM cites World Bank advice on costs

By
Kalino Latu
-

Tonga will not host 2019 Pacific games.

A spokesman for the Tongan Cabinet told Kaniva News this morning Prime Minister ‘Akilisi Pohiva had decided to save the country from a costly mistake.

The spokesman said Hon. Pohiva was made aware last week of a World Bank report which said the kingdom would face economic difficulties if it hosted the Games.

The government’s decision comes just weeks after the Chinese government agreed to pay more than TP$57 million for new sporting facilities.

The spokesman said Tonga would still continue renovations and maintenance of sporting facilities to prepare its athletes for the Games.

This included the Teufaiva national stadium, Tonga High School complex, Atele Indoor Stadium and the golf course.

The spokesperson said Cabinet considered the fact that Tonga had to follow the requirements for the upkeep of the sporting facilities after the Games.

“It is required the government must have an annual budget of 12 percent of the total cost of the expenses used for the construction of the facilities for their maintenance and repairs every year after 2019,” the spokesperson said.

“We cannot afford that large amount of money and we do not have the number of people and sport events to use these facilities from time to time to generate funds for the upkeep.”

Foreign funding

It is not clear what effect the government’s decision will have on the tens of millions of dollars of foreign funding earmarked for the games.

The Chinese government has agreed to pay for a $US24.8 million (TP$57,576,000/NZ$36,360,000) sports complex at Tonga High School for the 2019 Games.

The sports complex preparatory works are scheduled for August 2017, with construction expected to start in October 2017 and be completed by May 2019.

Other works confirmed for the Games include the upgrade of the Teufaiva Stadium, funded through a development initiative by the New Zealand Government.

Papua New Guinea had also offered financial support for the games.

Bitter

The government’s decision follows weeks of often bitter wrangling between the Prime Minister, Games organising committee CEO Lord Sevele and the Pacific Games Council.

Last year the Prime Minister sent a letter to Council president Vidya Lakhan saying Tonga was prepared to withdraw all funding and support for the games if an impasse involving him and Lord Sevele was not resolved.

In October last year the Council said it expected Tonga to remain as host of the 2019 Pacific Games after Hon. Pohiva told parliament he doubted Tonga would be ready in time.

The main points

  • Tonga will not host next year’s Pacific games.
  • A spokesman for the Tongan Cabinet told Kaniva News this morning Prime Minister ‘Akilisi Pohiva had decided to save the country from a costly mistake.
  • The spokesman said Hon. Pohiva was made aware last week of a World Bank report which said the kingdom would face economic difficulties if it hosted the Games.
  • The decision comes just weeks after the Chinese government agreed to pay for a $US24.8 million sports complex at Tonga High School.

For more information

China to fund sports complex in Tonga for Pacific Games

Pacific Games Council expects Tonga to remain as host

Sisters jailed for neglecting mother after she was found decaying in her bed

By
Kaniva Staff
-

Two Tongan sisters were sentenced Friday to 23 days in jail and three years of probation for abusing their elderly mother who died and was found decaying in her bed in 2013, according to the San Mateo County District Attorney’s Office.

Moala Tatola, 41, and Tafolosa Tatolamahe, 48, have three days of credit for time served and could also have their sentences reduced to misdemeanors if they follow all the conditions of their probation for 18 months, according to prosecutors.

On March 9, 2013, police went to the 1600 block of Third Avenue in San Mateo because someone called to say someone died.

The sisters’ 73-year-old mother Sela Tatola was nude and her lower body was “black due to filth and necrotic tissue,” according to prosecutors. Gangrene was found throughout her body.

Tatola died of pneumonia, prosecutors said. She was diabetic and the sisters told prosecutors that their mother would not go to a doctor.

Mitri Hanania, defense attorney for Tatolamahe, said that the family is Tongan and their culture may have played a part in the case because it is a matriarchal one. He said Friday’s hearing was an emotional one, with his client and her sister showing great remorse.

“It was neglect and the judge saw that, he saw the remorse,” he said.

Hanania said the sisters admitted that they should have done better, and that the outpouring of support from their family and church community attesting to their remorse and commitment to their mother was indicative of that.

District Attorney Steve Wagstaffe said he doubted the judge and the probation officer who wrote the pre-sentencing report fully grasped what is involved in elder abuse and wondered if the sisters’ sentence would have been the same if the victim had been a child.

“The duty is the same,” he said. “If you choose to provide the care.”

-San Mateo Daily Journal

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