The Tonga Development Bank has paid emotional tribute to its staff member who was the main witness in the prosecution of a broadcaster, a journalist, and a governor.
Mele Halatu’u Lokotui. Photo/Supplied
Mele Halatu’u Lokotui, 30, was a staff member of the Development Bank before her death on September 27, four days after Chief Justice Malcolm Bishop ordered the TOP$20 million pa’anga payout in the case, which also involved the Reserve Bank.
In his decision on September 23, Mr Bishop said his order was made “After considering the Plaintiff’s notice of application dated 11 September 2024 for judgment in default against the First, Second, Third and Fifth Defendants and the affidavit of Mele Hala Lokotui dated 11 September 2024 sworn and filed in support and in reliance upon Order 14 rule 1 of the Supreme Court Rules”.
As Kaniva News reported, the Tonga Development Bank, CEO ‘Emeline Tuita and Board Chair Penisimani Vea sought damages from the Reserve Bank, its governor and media workers Katalina Tohi, Tevita Motulalo and Kalino Latu of the New Zealand-based Kaniva News.
The damages claim related to the broadcast and publication of extracts from a letter written by the Reserve Bank Governor to the Minister of Finance on May 17, 2024 on the subject of Regulatory Actions being taken by the Reserve Bank against the Tonga Development Bank, its CEO Tuita and Chairman Vea.
The letter reported on what were said to be serious concerns about the Reserve Bank and included an order to remove the CEO and Chairman from their roles in the TDB.
The plaintiffs sought damages for loss of profit, general damages and exemplary damages.
Action against Kalino Latu was not proceeded with.
A close relative of Mele claimed that her death may have been related to a heart disease with which she had been previously diagnosed.
It is understood the deceased was a daughter of Police Magistrate Folau Lokotui.
The Development Bank tributed its former staff member in Tongan, saying her death was a tragedy that the organisation deeply felt.
It said: “Ko e tā ʻoku matuʻaki ongo moʻoni , ki he loto fale ʻoe Pangikē ʻae Fonuá , ʻae tali ko au ki he Haú , ʻae tokotaha ngauē matuʻaki tonunga mo mateakiʻi hono fatongiá, Mele Halatuʻu Lokotui”.
A man who spent nearly a year on the run after escaping prison while on compassionate leave to attend a funeral has been sentenced to nine years for his part in a bungled scheme to import 37kg of methamphetamine from Iran inside pails of grease.
Talakai Finau’s sentence for the meth scheme, his flight from justice and other violent crimes could have been even higher were it not for his lawyer Devon Kemp, who identified an error in the Judge’s sums at his sentencing hearing in the Auckland District Court on Friday.
His descent from gainful employment to meth ring stand-over man and fugitive came after Finau survived being shot in the face a little over two years before his drug offending, Kemp told the court as he successfully argued for discounts for this and other factors including his youth and guilty plea.
A report prepared for the court said he suffered lasting physical and psychological effects from the shooting.
Finau was one of several people arrested as part of Operation Lithium, a joint police and Customs investigation centreing on a container filled with lithium grease originating from Iran. Also inside the container was 37.4kg of methamphetamine.
He initially pleaded not guilty and missed a trial date while on the run, requiring the trial to be rescheduled, but later reversed his plea, apparently on the advice of his mother. Several others are headed to jury trial for their alleged roles in the plot.
The Crown acknowledged Finau held a narrow role in the importation scheme, becoming involved only two days before the operation was terminated and police swooped in.
Talakai Finau, 23, appears at Auckland District Court for sentence on October 11, 2024, after admitting threatening to kill a businessman and his son and part of an effort to secure the release of a container with 37kg of meth hidden inside. Photo / Michael Craig
Crown prosecutor Sam Meyerhoff said it was nevertheless an important role, with Finau threatening to kill a legitimate businessman and his son to secure his identification card and therefore the release of the shipment.
“To get the import cleared they needed a man’s identification and the man needed to be threatened to get it,” Meyerhoff said.
Judge Edwin Paul, reading a Crown summary, said it appeared the consignment of grease and meth was imported in the name of a legitimate tyre company not involved in the import.
But others also allegedly involved in the scheme had used a fake email address for that company to seek information about the fate of the container.
It was seized by Customs in Tauranga on May 19, 2022, who found 37.4kg of meth hidden inside pails of lithium grease.
Ten days later, a man who, like Finau, was a member of Mt Roskill street gang the Junior Don Kings (J.D.K) asked him to obtain the identification details of a director of the tyre company to secure the release of the container.
On May 30, 2022, the director and his son parked in their driveway at home, and Finau pulled in behind them. He said he had been sent by another man involved in the business. The director was suspicious and Finau left.
The following day, Finau went to the tyre shop, saying he was willing to pay $2000 for the director’s ID. He told the director he knew where his wife worked before threatening to kill him.
The director replied he was not afraid to die.
Finau then told him he knew which school his son went to and threatened to kill him as well.
The director went to police and Finau was arrested on June 1. Police had earlier searched his home on an unrelated matter and found an AR-15-style rifle and more than 200 rounds of ammunition.
The following year, Finau was granted compassionate bail from Whanganui prison to attend a funeral, but did not return.
Talakai Finau’s mugshot, released by police as part of their manhunt in 2023. Finau absconded from compassionate bail after he was released to attend a funeral and spent 10 months on the run. His actions were labelled “reprehensible” by Judge Edwin Paul at his sentencing at the Auckland District Court on Friday.
Despite a police appeal for information and a release of his mugshot he was not arrested until 10 months later, on March 14 this year. His trial had to be adjourned as a result of his time on the lam.
Judge Paul took aim at Finau taking advantage of compassionate bail, saying it risked ruining it for others who were honest and would return.
“I find your absconding on compassionate bail, which was clearly a false claim of compassionate bail, particularly reprehensible,” the Judge said.
Finau also admitted police charges relating to the robbery and assault of a housemate while on electronically monitored bail at a Grace Foundation property in Whanganui.
Meyerhoff sought a starting point of 15-and-a-half years for the lead offences of importing meth and threatening to kill, with uplifts for the other offending that would have taken the final sentence north of 17 years.
But the prosecutor acknowledged he was entitled to discounts for his guilty plea, head injury and youth that would reduce the sentence to 14 years on the Crown charges.
Kemp sought a starting point of 10 years in prison for the importation and threats, saying the Crown failed to take into account his much lower degree of culpability compared to his alleged co-offenders. His role was analogous to a “catcher”, the term for a person who receives drug shipments, Kemp said.
“It wasn’t a particularly sophisticated affair at all, and Mr Finau’s offending was the least sophisticated of all.”
Finau was supported in court by his partner and daughter at his sentencing on October 11, who watched as he was led away after being sentenced to a little over nine years by Judge Paul. The Judge acknowledged his rehabilitative efforts while on remand.
Kemp argued his client should receive a discount for his youth. He was 21 at the time of the offending, so less able to exercise rational long-term thinking, the lawyer argued, along with further reductions for the head injury resulting from being shot in the face.
His long-standing addiction issues had been exacerbated by the shooting, but he had now completed rehabilitation programmes, not an easy thing to do while on remand, Kemp argued.
Finau was brought up without a father, struggled in school and was lured into a gang because he was gifted a motorbike, not uncommon in South Auckland, Kemp said.
He sought a 20% discount for psychological and personal circumstances, the same amount for his guilty plea and 5% for his rehabilitative efforts.
Judge Paul adopted a 13-and-a-half year start point, increased to 15.5 years for the police charges and the absconding while on compassionate bail.
The Judge then applied a 15% discount for the early guilty plea, saying that meant the victim did not need to go through the trauma of a trial and recounting the threats.
A further discount of 10% was given for youth and rehabilitative efforts in custody, alongside a 15% discount for personal factors including his fall into the gang life and his head injury which was also part of his descent into crime and away from the positive path of employment he had previously been on, the Judge said.
Concurrent sentences of a year each were imposed for the robbery and injury of his housemate, and nine months for escaping custody.
Judge Paul was initially going to impose a sentence of about 11 years before Kemp spotted an error in the calculations. He then corrected his sentence to nine years and four months in prison.
“Mr Finau, lucky you’ve got a lawyer that’s good at his maths,” the Judge said.
Sign up to The Daily H, a free newsletter curated by our editors and delivered straight to your inbox every weekday.
Tonga Police have paid a solemn tribute to their colleague, saying he had left an “unwavering” commitment to promoting police trust in the community.
As we reported previously, ‘Ifalemi Tupola Mala’efo’ou, 31, died in a car crash at about 12.40am on Wednesday 2 on Vuna Road in Nuku’alofa.
The Police have officially acknowledged Mala’efo’ou for his outstanding service and commitment to the Tonga Police and the local community.
“He exemplified the true spirit of professionalism, always going above and beyond to ensure the well-being of our citizens”, a police statement said.
“His unwavering integrity, compassion, and resilience inspired those around him, instilling a sense of unity and trust within our community.
“As we reflect on his contributions, let us not only remember his outstanding work but also his kindness and compassion.
“CFC Mala’efo’ou had a unique ability to connect with people, making everyone feel valued and understood.
“May his memories continue to inspire us as we strive to uphold the values he embodied.
On behalf of Tonga Police, we thank CFC Mala’efo’ou for your service, your friendship, and your lasting impact on Tonga Police and the community we serve. You will always be remembered and deeply”.
Russia has suffered some 600,000 casualties in its war with Ukraine — more than its losses in every conflict since World War II combined, according to U.S. officials.
Ukrainian forces have inflicted some 600,000 casualties on Russian forces. (Reuters/Lisi Niesner)
This September was the deadliest month of the entire war for Russia, a senior U.S. defense official told reporters on a call Wednesday.
“Russian losses, again both killed and wounded in action, in just the first year of the war exceeded the total of all Soviet losses in any conflict since World War II combined,” the official said.
However, the steep casualties are not a “definitive metric” of success for Ukraine, the official warned. Ukraine has also suffered mass casualties, though the U.S. has not disclosed how many.
Ukrainian President Volodymyr Zelenskyy said in February that some 31,000 troops had been killed.
The U.K. Ministry of Defence put Russia’s daily casualty count at 1,271 in September, and said some 648,000 Russians had been killed or injured in the war.
Ukrainian forces have inflicted some 600,000 casualties on Russian forces. (Reuters/Lisi Niesner)
“It’s kind of the Russian way of war where they continue to throw mass into the problem, and I think we’ll continue to see high losses,” the U.S. military official said.
South Korea warned earlier this week that North Korea was sending its forces to fight alongside the Russians.
Russia has also lost two-thirds of its pre-war inventory of tanks to Ukraine, along with 32 medium-to-large naval vessels.
Russian President Vladimir Putin is “trying to avoid a mass mobilization because of the effect that would have on Russia’s domestic population,” the official said.
“At this point, he has been able to significantly increase the pay of these voluntary soldiers, and he has been able to continue to field those forces without doing a major mobilization.”
“And I think we’re just watching very closely how long that stance can actually be one that he can maintain, and I think it’s an important one for all of us to watch very closely,” the official added.
Ukraine’s military said it struck a base in southern Russia’s Krasnodar region storing nearly 400 strike drones on Wednesday.
Russia has made some progress in the Donetsk region, taking the town of Vuhledar earlier this month and pressing toward Povrosk, a key railroad hub and supply station for Ukraine.
A woman stands in the backyard of her house destroyed by a Russian air strike, amid Russia’s attack on Ukraine, in Zaporizhzhia, Ukraine, on Thursday. (Reuters/Stringer)
This September was the deadliest month of the entire war for Russia, a senior U.S. defense official told reporters on a call Wednesday. (Reuters/Viacheslav Ratynskyi/File Photo)
The U.S. official said the Russian strategy around Vuhledar and Povrosk had brought “substantial casualties” for minor gains.
Russia’s Kursk region, which Ukraine invaded in August, is also in the midst of heavy fighting. Ukraine had hoped to divert Russian troops from the front line to defend Kursk. Russia has since recaptured some of the region, though the military official said that Ukrainian troops could hold onto the Kursk region for months or longer.
Meanwhile, the U.S. continues to pour billions into Ukraine’s defense. Last month, President Biden announced an $8 billion package for Kyiv to supply it with military equipment through January. It is the last of the $61 billion that Congress approved in April for Ukraine.
Despite Zelenskyy’s calls, Biden has resisted authorizing Ukraine’s use of U.S.-given long-range missiles, known as ATACMs, to strike inside Russia and take out its stores of weapons capabilities, for fear of escalation.
Many U.S. lawmakers have backed Zelenskyy’s request, but the U.S. official said the Biden administration is not considering reversing its policy. He said many of the arms that Ukraine is looking to take out, like Russia’s deadly glide bombs, have been moved out of range of ATACMs.
Auckland will trial a fortnightly general waste rubbish collection for 10,000 households for seven months, costing up to $1.7 million.
Auckland’s general waste is collected every week. Photo: Stuff / Ricky Wilson
The decision was reached at a Planning and Policy Committee meeting on Thursday – where 14 councillors voted for, and four against.
The trial was one of three options for councillors to decide on, with the other two being to proceed with moving to a fortnightly rubbish collection or the retention the weekly collection.
According to discussion documents, the trial was estimated to cost between $1.4m and $1.7m to run, based on 10,000 households (covering two to three geographical areas of between 3000-4000 households).
The location and size of where the trial would be implemented was yet to be determined, however south Auckland councillors Alf Filipaina, Lotu Fuli and Angela Dalton all volunteered their wards.
Council staff recommended a consultation with affected households to begin in October-November 2025, and the trial to start from February 2026 till August 2026.
But first, the Policy and Planning Committee would need to decide in December 2025 on whether to initiate it.
During the debate, Manukau councillor Lotu Fuli said the change of rubbish collection was not an easy decision to be made.
“In principle, I am really supportive of where we are trying to go, I am supportive of the aspirations here and I’m supportive of the end goal of trying to reach zero waste or closest to zero waste,” she said.
“But I am also mindful that we have to take our community with us on this journey, I’m really mindful that this is a very complex issue – we’re trying to change cultural norms, we’re trying to change behaviour, we’re trying to ask our community for quite a big transformational cultural shift.
“That takes time and it’s not easy.”
The trial would inform a future decision on a regional roll out of a fortnightly rubbish collection service.
An assessment of the trial would be carried out in September 2026, before a decision on a regional fortnightly rubbish collection from 2028.
The four councillors against the trial were Waitematā and Gulf ward’s Mike Lee, Ken Turner from Waitākere, Howick’s Maurice Williamson and Manurewa-Papakura’s Daniel Newman.
“I am astonished frankly that despite a clear majority of submissions opposed to a move from a weekly service, and without the clear agreement from any community that they will participate in a trial, the majority of the council are embarking on an experiment,” Newman said in a statement.
He said there was not a single community of Aucklanders where the majority wanted to move to a fortnightly collection service.
During the consultation process, 12 local boards were unsupportive of the change, while five boards did not support for specific areas or without further measures being in place.
Three boards did not state a position and only one board supported the proposal.
“This decision is beyond shocking, and I have no doubt that it will see even less Aucklanders supporting this council. This decision will offend Aucklanders, and it will garner community opposition, not support,” Newman said.
LDR is local body journalism co-funded by RNZ and NZ On Air.
Hezbollah’s call for a ceasefire today shows the terror group is on the back foot and “getting battered,” US State Department spokesperson Matthew Miller tells a regular briefing.
Hezbollah’s deputy leader Naim Qassem said in a televised address the Iran-backed group’s capabilities are intact and its fighters are pushing back Israeli ground incursions, despite the “painful blows” inflicted by Israel in recent weeks.
Qassem said the group supports the efforts of Lebanon’s Speaker of Parliament Nabih Berri, a Hezbollah ally, to secure a ceasefire, without providing further details on any conditions demanded by Hezbollah.Tel Aviv cafe brews resilienceKeep Watching
“For a year, you had the world calling for this ceasefire, you had Hezbollah refusing to agree to one, and now that Hezbollah is on the back foot and is getting battered, suddenly they’ve changed their tune and want a ceasefire,” Miller says.
“We continue to ultimately want a diplomatic solution to this conflict,” Miller says
Crown Prince Tupouto’a ‘Ulukālala was in Auckland, New Zealand, to represent the Tonga government at the South Pacific Defence Ministers’ Meeting (SPDMM).
The Prince’s presence comes amid growing concerns over apparent conflicting information and uncertainty regarding who Tonga’s current Foreign Affairs and Defence Minister is.
The meeting at Devonport Naval Base on October 1, attended by Ministers, Secretaries, and Chiefs of Defence from member countries, helps shape partnerships in the Pacific on important topical issues like security and disaster relief support, the New Zealand Defence Force told Kaniva News.
A statement from His Majesty Armed Forces said the Prince was accompanied by the Chief of the Defence Staff, Brigadier Lord Fielakepa.
“The Crown Prince highlighted Tonga’s commitment to ensuring Pacific-led solutions remain central to our regional defence efforts, ensuring our shared values guide all decisions”, the statement said.
It also said: “Tonga is proud to stand with our partners to address shared challenges, and we look forward to our continued efforts to strengthen security and resilience across our beautiful Pacific region”.
Foreign Affairs uncertainty
There is an ongoing dispute and deadlock regarding some top positions at the Ministry of Foreign Affairs, including the ministerial portfolio and the king’s appointed Secretary, which have yet to be resolved.
It follows King Tupou VI’s withdrawal of confidence and consent in the Prime Minister Hu’akavameiliku, as Minister for His Majesty’s Armed Forces and in Fekitaloa Katoa ‘Utoikamanu as Minister for Foreign Affairs and Tourism in February.
Utoikamanu was later reassigned and became the Minister of Communication (MEIDECC).
PM Hu’akavameiliku denied in August that a foreign affairs ministerial portfolio standoff poses a threat to the then Pacific leaders meeting in Nuku’alofa.
A Radio New Zealand report quoted him as saying that “he is the acting minister of foreign affairs.”
It was normal practice for the Minister of His Majesty’s Armed Forces to also become the Minister of Foreign Affairs.
In April, the Crown Prince led a government delegation to the second Japan-Pacific Islands Defense Dialogue. Members of his delegation included the Prime Minister’s defence advisers as well as officers of His Majesty’s Armed Forces.
There was no official public statement explaining why the Crown Prince led that delegation.
The ministerial issues arising from the King’s withdrawal of confidence took another turn after the Hu’akavameiliku government attempted to replace the king’s Secretary, who was appointed by the King as the Ministry of Foreign Affairs’ Secretary.
The king’s secretary, Viliami Malolo, has filed a lawsuit against the government, and the case is currently in court.
Police have charged two people with murder after a man was found dead in the middle of an East Auckland road at the weekend.
The man’s body was found on Point England Road at about 11.15pm on Saturday. Photo: RNZ / Richard Tindiller
The man was found at 11.15pm on Saturday on Point England Road.
Acting Detective Senior Sergeant Mark Greaves said the man suffered multiple injuries, and was believed to have been run over by his own vehicle, before it was stolen.
He said the vehicle was recovered on Sunday morning, and was undergoing forensic examination.
A 21-year-old man and a 22-year-old woman both from Auckland were arrested on Monday, Greaves said in a statement.
Greaves said police would oppose their bail when they appeared in Auckland District Court on Tuesday.
“These arrests are a positive development, but there’s a long way to go in this investigation, and a significant amount of work remains to be completed,” he said in a statement.
A photo allegedly showing a swimmer riding the tail of a baby whale has sparked outrage in Tonga.
If this is proven to be true, the swimmer’s action may have violated Tonga’s Whale Watching and Swimming law Section 9, which states, “No person shall disturb or harass any whale.” It also says, “No person shall touch or feed any whale.”
It comes after growing concerns in the Pacific with authorities warning this week about abusive swimming activities toward whales, especially mother-calf pairs.
The photo, widely shared on social media, shows a person apparently sitting on the tail while another was swimming nearby on the left side.
The caption, accompanied by the image, said a group of swimmers also touched the whale.
Kaniva News could not independently verify the photo’s authenticity and whether it was indeed taken in Tonga.
Swimming with whales
Tonga offers regulated opportunities for swimming with whales in small groups.
However, the rules said the whales’ behaviour must be considered to decide whether swimming with them should be discontinued.
The practice “is entirely at the captain’s discretion”.
Four swimmers can swim with whales at one time, one report says.
According to Tonga’s Whale Watching and Swimming Law, swimmers are not allowed to come into contact with any whale at any sign of the animal becoming disturbed or alarmed.
“No person shall cause any whale to become separated from a group of whales or cause any members of such a group to be scattered”, it said.
Social media reactions
The photo triggered outrage and frustration among people passionate about whale conservation and raised serious concerns among local community members.
“I am very angry today! This female underwater photographer from China sits on a baby whale in Tonga to take photo”, the caption accompanying the photo claimed.
However, it did not provide evidence to indicate that it was indeed a Chinese swimmer who was allegedly sitting on the whale.
“I feel so disgusted to see these photos and videos lately”.
A commenter responded: “This is what we are fighting for here in Tonga, especially here in Vava’u…. Maybe it’s better to leave the whales alone”.
“Disrespect”, some commenters wrote.
Another commenter said that the individual responsible for taking the swimmers should be held accountable for their actions and face appropriate consequences.
“Their licenses should be taken off them with no second chances”.
“I think there are rules that prohibit this. The operator should be penalized”, one commenter wrote.
Some commentators, however, expressed concerns that labelling the swimmer in question as Chinese might fuel racism issues.
“I think it’s not Good for you to point out here that the problems get resolved between the operators instead of putting them on social media; it affects the reputation of the whale-watching industry of Tonga,” the commenter wrote.
“Not only that, you have pointed out the Chinese tourist, which pretty much single them out by race, it’s sad you’re only nice to the white skin people and throws these people under the bus same rules should apply to everyone, not one set of rules for the Asians especially the Chinese and one set of rules for the white people.
One commenter was suspicious about the photo and asked whether it was photoshopped.
Stricter regulations
The news comes after the Mauritius island authority called for “enforcing stricter regulations due to an influx of influencers from China and Taiwan seeking viral social media photos of themselves swimming with whales.”
The authority said the situation “has led to chaos in cetacean habitats, disrupting breeding whales.
Mauritius has now implemented a ban on swimming with whales, imposing hefty fines and jail time for offenders.
Last month, it was reported that French Polynesian environmental associations and some scientists have criticised the boom in whale-watching activities.
The country’s conservation group Mata Tohora, dedicated to protecting marine mammals, expresses concern over the excessive number of boats in the water.
“We need to limit the number of boats around the whales and dolphins. It’s a question of managing the activity, which needs to be done quickly, said Agnes Benet, a biologist and founder of the association.
“You can swim with the whales without disturbing them,” she added.
The association is campaigning for the introduction of a “no whale-watching” period, from 2:00 pm onwards, to allow them to rest.
The Supreme Court has ordered a multi-million pa’anga payout in a case involving the Tonga Development Bank and the Reserve Bank.
(L-R) NRBT Governor Tatafu Moeaki, Tēvita Motulalo and Katalina Tohi
The Tonga Development Bank, CEO ‘Emeline Tuita and Board Chair Penisimani Vea sought damages from the Reserve Bank, its governor and media workers Katalina Tohi, Tevita Motulalo and Kalino Latu of the New Zealand-based Kaniva News.
The damages claim related to the broadcast and publication of extracts from a letter written by the Reserve Bank Governor to the Minister of Finance on May 17, 2024 on the subject of Regulatory Actions being taken by the Reserve Bank against the Tonga Development Bank, its CEO Tuita and Chairman Vea.
The letter reported on what were said to be serious concerns about the Reserve Bank and included an order to remove the CEO and Chairman from their roles in the TDB.
The plaintiffs sought damages for loss of profit, general damages and exemplary damages.
Action against Kalino Latu was not proceeded with.
Lord Chief Justice Bishop ordered the plaintiffs to file a defence within 28 days of the claim being lodged on August 6.
Because the plaintiffs did not file a defence in time, lawyers for the TDB and the other plaintiffs asked the court to issue a judgement in default against all the defendants except Latu.
The four defendants named in the writ of claim, who were ordered to pay the damages are the National Reserve Bank of Tonga and its Governor Tatafu Moeaki (total $15 million), independent Tongan broadcaster Katalina Tohi of Radio 89.5fm (total $4 million), and Nuku’alofa-based journalist and news editor, Tevita Motulalo ($1.2 million).
The Lord Chief Justice awarded general damages to the Tonga Development Bank, ordering payment of TP$5 million against Moeaki and the Reserve Bank, TP$1 million against Tohi and TP$300,000 against Motulalo.
Judge Bishop awarded general damages to be paid to Penisimani Vea, ordering payments of TP$2 million against Moeaki and the Reserve Bank, TP$1 million against Tohi and TP$300,000 against Motulalo.
General Damages were awarded in favour of ‘Emeline Tuita, ordering payments of TP$3 million against Moeaki and the Reserve Bank, TP$1 million gainst Tohi and TP$300,000 against Motulalo.
The Lord Chief Justice awarded damages of TP$5 million against Moeaki and the Reserve Bank, TP$1 million against Tohi and TP$300,000 against Motulalo.
Development Bank order
Meanwhile, as Kaniva News reported recently, the Supreme Court has ordered that the CEO and executive of the Tongan Development Bank are to remain in place.
The court ordered that the Development Bank not engage in any economic development activities and joint development agreements without the prior approval of the National Reserve Bank of Tonga.
The ultimate controlling interests of both banks are vested in the government of Tonga.
The National Reserve Bank of Tonga has all the functions of a central bank which includes important regulatory powers. Although the controlling interest of the Reserve Bank is the government it is a separate and distinct body from the Development Bank.
The National bank had sought to overide the Development Bank by issuing directives that, among other things, removed its CEO, Emeline Tuita and board chairman Pennisimani Vea.
Lord Chief Justice Malcolm Bishop KC, presiding, said the Reserve Bank’s actions were designed to ensure that it closely controlled the Development Bank and had a veto on any of that bank‟s activities.
The Development Bank asked for an interlocutory mandatory injunction restraining the National Reserve Bank from enforcing its directives.
The Lord Chief Justice said: ““I am not persuaded that the supervisory role of the reserve bank excludes supervision of the economic activities of the Development Bank.
“I accordingly order that will be the basis that the CEO and chairman continue in place pending the resolution of this matter at trial.”
