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Family considers suing government over fake driving license issued to ‘handicapped’ driver who killed mother

The family of Sitela Fungavaka is considering a civil suit against the Ministry of Transport and the Government of Tonga after a fake driving licence was given to a handicapped driver allowing him to drive a vehicle and killed the 76-year-old mother last year.

(L-R) Prime Minister Pōhiva Tu’i’onetoa and Tourism Minister Akosita Lavulavu

A family spokesperson in New Zealand has confirmed this to Kaniva News.

It is understood the family were only became aware of the driver’s fake driving licence after it was reported on Kaniva last week.

We were told the deceased’s husband has forgiven the driver and his family while they were attending her funeral last year.

“But issuing a fake driving licence to the driver is a different issue and I will talk to dad about it,” she said.

As we reported last week, the 21-year-old handicapped driver, Siolosi Hu’akau, said he did not know about the traffic rules because he did not sit any driving tests before his license was given to him.

“He admitted to Police that he was not aware of the speed limits because he did not obtain his driver’s licence validly – it was given to him over the counter through his mother”, the judgement document read.

It said the prisoner “was speeding and driving in a manner dangerous to the public”.

In sentencing Hu’akau, the Lord Chief Justice Michael Whitten said: “In relation to the Hu’akau’s driver’s licence, having regard to his physical and mental handicaps (particularly that he has the ‘mind of a child’), it is extremely regrettable that he was ever allowed to drive a motor vehicle in the first place”.

Mr Whitten said Hu’akau should not be permitted to drive a motor vehicle on a public road again.

“I therefore order that the Defendant be permanently disqualified from holding or obtaining a driver’s licence”.

Hu’akau was sentenced to three years’ imprisonment with the last 12 months suspended with conditions.

MV Ashika tragedy

In 2009, the government’s MV Princess Ashika sank and 74 people were killed as a result after passengers, mostly women and children, were tapped below deck in the country’s worst maritime disaster.

The Government-owned Shipping Corporation of Polynesia was ordered to pay $1.4 million in fines. The government also paid TOP$80,000 each as compensation for some families.

Some of the Shipping Corporation’s top officials including the captain and the former head of the Shipping Corporation of Polynesia were sent to jail because of their part in the doomed ferry disaster.

The Prime Minister Pohiva Tu’i’onetoa and his Transport Minister Akosita Lavulavu were contacted for comment.

Rugby player gets full suspended sentence for possessing meth

A rugby player who lived a colourful life has been sent to jail for one year and three months for possession of illicit drugs.

But the judge said his sentence was fully suspended for a period of three years with condition that he must not commit an offence punishable by imprisonment during the three-year period of his suspension.

Semisi Fakava was charged with possession of 0.81 gm of methamphetamine on 17 February 2019. He pleaded guilty to the charge. When he was arrested Police also found syringe and a test tube in his possession. He was with two girls in a vehicle in Kolofo’ou at the time of his arrest.

Previous convictions

The court was told Fakava had previous convictions in the Magistrate court  for possession of illicit drug.

He was also convicted in the Supreme Court twice for possession of illicit drug and dealing with a forged document and obtaining money by false pretence. He escaped imprisonment in both cases.

The court was told Fakava did not commit any other criminal offence since the Supreme Court dealt with those two cases.

Playing in New Zealand

Fakava went to New Zealand  on a one year contract to play in a rugby club in which it was renewed for another two years.

While in New Zealand he had a partner and he had a child with her. She applied a  permanent residence permit for Fakava in which it was approved in 2008.

But things changed after Fakava had a problem with drinking as well as problems with other girls. He was caught driving under the influence of alcohol in a car that belonged to another person.

His partner left him taking the child with her, and she had Fakavaa’s permanent residence in New Zealand cancelled before he returned to Tonga in 2011. That was after he had two other children to two other women in New Zealand as well.

In Tonga

In Tonga he continued working for a copier servicing company and also still playing rugby.

In 2015 Fakava got married again and he applied for and got his New Zealand permanent residence permit which allowed him and his new wife and their child to go to New Zealand.

“But then problems arose because your previous partner and the other 2 women who had children to you all sued you for maintenance. Your wife who had not known about those women and your children with them, also left you and took the child with her. She also claimed maintenance from you,” the court judgement says.

Educational background

The court was told Fakava went to Tonga High School and Tonga College and he completed form six level before he attended the university of the South Pacific in 2004 studying a computer course.

An Australian company took him to Australia on a six-month course to learn and work in repairing photocopiers.

“You completed that and returned to Tonga in 2005 and worked for Pac Trade in servicing their copiers and computers. At the same time, you were playing rugby for the Toa-Ko-Ma’afu rugby team”.

In an attempt to change his life around he enrolled at the Sia’atoutai Theological College in 2020. He said he would like to continue to do that this year.

In suspending his sentence Judge Niu said he suspended it for three years “so that you will be sure to keep yourself free of any drug, and be sure not to commit any other offence, for those 3 years”.

FAKAMATALA FAKATONGA

Neongo e fakalusa mo e toutou mo’ua he fakamaau’anga’ ki mu’a he faito’o konatapu mo e tohi nima kākā ke ma’u ai ha pa’anga’,  ka ne kei meesi pe ‘a e fakamaau’anga lahi’ o tautea malu’i angelelei ta’u tolu ‘a Semisi Fakava hili hono ma’u mo e faito’o konatapu mefi kalami ‘e 0.81 ‘i Fepueli 2019. Na’e ma’u fakataha ia mo ha ongo tamaiki fefine. Ko e tangata’ ni ‘oku hange ko e paloveape ko e Matangi lelei to ki he la mahaehae. Sai ‘ene ako he ne ‘i Tonga Hai mo ‘Atele, ‘osi mei he foomu ono’ pea to’o koosi ‘i he USP.’Oku taleniti va’inga ‘akapulu. Ma’u e faingamalie va’inga ‘i he kalapu ‘i Nu’u Sila pea mali ai ma’u mo ‘ene pepa. Ka koe’uhi ko ‘ene palopalema mo e kakai fefine kehekehe pe pea iku  fanau ki ai ha ongo fefine ‘e toko ua pea ne ngauekovi’aki ‘a e kava malohi tapu, ne iku ‘o mole ai ‘ene pepa nofo Nu’u Sila hano launga’i ia ‘e he mali’  pea foki ki Tonga. Ne toe mali ‘i Tonga pea iku ‘ave ia ki ‘Aositelelia ha faingamalie ako ngaue mahina ono. Ne toe iku ‘o ne feinga ‘o ma’u ‘ene pepa Nu’u Sila ‘o folau ai ki Nu’u Sila mo hono mali hono ua. Ka ne iku palopalema hono ‘ilo ia ai ‘e he mali ‘uluaki mo ‘ene kakai fefine ne na fāfā’ele ki ai’ ‘o tangi tauhi’i. Ne iku motu ai mo hono mali hono ua’ pea iku foki ai ki Tonga ‘o hoko atu ‘ene mo’ui’aki ‘a e faito’o konatapu’. Pea ‘i hono ma’u ko eni kuo’ ne pehe kuo fai e feinga ke liliu pea kuo ‘osi lesisita ke hu ki he ako’anga Tohi Tapu Sia’atoutai’.

Four dead bodies arrive in Vava‘u by MV ‘Otuanga‘ofa

Four different funeral services were expected to be held in Vava’u this week after the MV ‘Otuanga’ofa docked at the Puatalefusi wharf this afternoon Wednesday 21.

One of the four deceased taken away from the wharf. Photo/Supplied

The inter-island ferry brought the deceased from various places in Tongatapu including Niua Toputapu.

Among them was a church minister and teacher Rev Sione Hautau Taufa.

He was the Free Wesleyan Church superintendent in Niua Toputapu.

People from around Tonga’s teaching and church communities have expressed their shock and sadness at the sudden death of Hautau.

They took his death into heart not only because of their special connections but the fact that people who have professions and chose to serve the two Niuas –  Niua Toputapu and Niua Fo’ou, have hearts of gold.

These were people who vowed to walk extra mile to make sure government services, good education and religious teachings reached the two islands which are regarded as the most remote islands in the world. Normally a vessel and an aircraft from Tongatapu arrives at the Niuas once a month with passengers, goods for the shops, petrol and mail.

“We were anointed together (with Hautau) during the Free Wesleyan Church conference 1999 and he was a friend at the church’s mission. Love his wife Meliame, the children and the kāinga. May God gives you tranquility and calm through this very difficult time of mourning. Rest In Peace Sione Hautau,” a heartfelt tribute posted to Facebook by Rev Dr Nasili Vaka’uta.

Samoa election: Independent MP sides with new FAST party

By RNZ.co.nz and is republished with permission

Samoan Independent MP, Tuala Tevaga Iosefo Ponifasio, has confirmed he will join the Faatuatua i le Atua Samoa ua Tasi (FAST) party following more than a week of post-election deliberations.

The Samoa Observer reports the decision comes hours after the paper revealed that as part of his negotiations with both parties, Tuala had asked HRPP leader Tuilaepa Sa’ilele Malielegaoi to stand down, as a condition of the party securing his vote.

Tuala’s announcement, and creation of an additional parliamentary seat last night leaves Parliament in a 26-26 deadlock.

Samoa Independent MP, Tuala Tevaga Iosefo Ponfasio,
Samoa Independent MP, Tuala Tevaga Iosefo Ponfasio, Photo: Social Media

Parties are only given 45 days after election day to form a government.

The villages of Mauga, Patamea, Samalaeulu and Saleaula gathered at Samalaeulu and hosted an ava ceremony for Tuala.

The decision was met with loud applause and cheers from the constituents gathered.

The constituency will formally present Tuala to FAST on Friday this week.

The creation of an additional parliamentary seat

The Samoa Electoral Commission show votes being tallied during the general election in the capital city of Apia
Votes being tallied during the general election in Apia (file photo) Photo: AFP or licensors

Samoa’s Head of State has declared that an additional seat has been added after an article in the country’s constitution, regarding female representation, was activated.

Article 44(1A) requires that a minimum of 10 percent of Parliament’s seats be occupied by female members.

In a public notice last night the Electoral Commission Office announced that the Article had been activated because the election results had not met the 10 percent threshold. Rather, “Only 9.8 percent of the women membership was achieved after the general election”.

The extra seat was allocated to the female candidate who came closest to winning an electorate seat.

In the current circumstances the new seat has gone to the former chair for the Parliamentary public accounts committee, Aliimalemanu Alofa Tuu’au, who represents the Human Rights Protection Party (HRPP).

She is the sixth woman to be sworn in for the new Parliamentary term.

The 2021 general election result means six women will take seats in the new 52 seat Parliament.

President Lord Fakafanua ‘relieved’ at international court dismissal decision saying preparation for October World Cup a ‘priority’

Tonga National Rugby League (TNRL) has been dismissed permanently from International Rugby League (IRL) after the decision was upheld by a Court of Arbitration for Sport (CAS) verdict yesterday.

Speaker Lord Fakafanua also the president of Tonga Ma’a Tonga National Rugby League

The TNRL was expelled from the International Rugby League (IRL) in March last year, after a long-running battle over governance, money and a threatened player boycott.

CAS confirmed on Tuesday the resolution of the IRL’s Board to expel the TNRL from its membership had been upheld, after a two-day hearing was held in December.

The President of the IRL’s appointed rugby governing body Tonga Ma’a Tonga (TMT), Lord Fakafanua, told Kaniva News this morning he was “relieved” at the verdict.

Asked what TMT next move will be, he said: “This is a matter for the board to decide however, the biggest priority is preparing a team for the next international fixtures”.

The 2021 Rugby League World Cup is expected to be held in England between 23 October 2021 and 27 November 2021.

The IRL has sole responsibility for deciding which organisation controls IRL’s games in Tonga.

This means any local rugby league governing body which wanted to become a member of the IRL must apply to the IRL for membership status.

TMT is now the sole governing body recognised by IRL.

Lord Fakafanua said he would welcome it if TNRL and TMT were merged.

“TNRL is a separate entity with Mate Ma’a Tonga. I would welcome the restoration of TNRL and Mate Ma’a Tonga on the international stage but this is a conversation that must be initiated between TMT and TNRL”.

George Floyd: Jury finds Derek Chauvin guilty of murder

A jury has found former Minneapolis police officer Derek Chauvin guilty of murder over the death of George Floyd.

Watch here:

Chauvin, 45, was filmed kneeling on Floyd’s neck for more than nine minutes during his arrest last May.

The jury after nine hours’ deliberation that it had reached a verdict which would be read to the court.

US President Joe Biden had said he was praying for the “right verdict” in the trial. Biden, who spoke to Floyd’s family on Monday, said he believed the case was “overwhelming”.

The 12 sequestered jurors considered three weeks of testimony from 45 witnesses, including bystanders, police officials and medical experts, along with hours of video evidence in the most high-profile US case involving accusations of police misconduct in decades.

Chauvin, who is white, pleaded not guilty to second-degree unintentional murder, third-degree “depraved mind” murder and second-degree manslaughter.

All three charges required that jurors find that Chauvin’s acts were a “substantial causal factor” in Floyd’s death, but none require that they find he intended to kill Floyd.

In an arrest captured on video, Chauvin pushed his knee into the neck of Floyd, a 46-year-old handcuffed Black man, for more than nine minutes outside the grocery store where Floyd had been accused of buying cigarettes with a fake $20 bill.

Floyd’s relatives, many of them travelling from Texas, have taken turns sitting in a single chair reserved for them in the courtroom.

Former Minneapolis police officer Derek Chauvin, right, in court.
Derek Chauvin, right, in court during the trial. Photo: AFP / Court TV

The jury is comprised of four white women, two white men, three Black men, one Black woman and two multiracial women, according to court records. The court has promised to shield their identities until some time after they give their verdict. Hennepin County District Judge Peter Cahill presided over the trial.

The courthouse is surrounded by high barricades and guarded by National Guard troops. Many downtown businesses have boarded up their windows for fear of a repeat of the violent street clashes that unfolded last year between police in riot gear and protesters, some of whom set fire to a police precinct house and damaged nearby property.

– Reuters

International court confirms expulsion of Tonga National Rugby League

The Court of Arbitration for Sport (CAS) on Tuesday confirmed the International Rugby League’s (IRL) dismissal of Tonga National Rugby League (TNRL) from the international sport body.

William Edwards. Photo: RNZ Pacific/Koro Vaka’uta

IRL suspended TNRL in 2019 after the Tongan governing sport body sacked the Mate Ma’a Tonga coach Kristian Woolf citing leaked information which contained what it described as “inaccuracies”.

The information was allegedly part of a letter of concern written by a group of players to the International Federation, the National Rugby League (NRL), the government and other stakeholders in August 2020.

The group including key players Jason Taumalolo and Andrew Fifita sent the letter in support of Woolf and wanting him to stay.

The dispute divided the country, international and local rugby league players and fans as well as two governments – the current Tu’i’onetoa government and the outgoing government which was led by former Acting Prime Minister Sēmisi Sika.

Two rugby league bodies were established and existed as a result with one under the Mate Ma’a Tonga banner supported by the disgraced TNRL, and the Tonga Ma’a Tonga (TMT) with its new international rugby league team known as Kau To’a, under the control of newly appointed president Lord Speaker Fakafanua and Chairman Sika.

The TMT was appointed by an IRL implementation committee.

The Tu’i’onetoa government supported TNRL and following TMT appointment it released a press release saying,  it held strong reservations regarding the Implementation Committee, “including the appropriateness of the proposed governance structure, the composition of its membership and the institutional arrangement.”

It also said it still recognised the TNRL as the governing body in the kingdom and was awaiting the outcome of its appeal to the Court of Arbitration for Sport.

The appeal

TNRL, through its Secretary and lawyer, William Clive Edward, appealed its expulsion before the sport’s highest court in Switzerland in December.

CAS made its decision and said yesterday in a statement that TNRL had refused to cooperate with the IRL’s investigation and failed to consider good governance recommendations.

“The panel of CAS arbitrators … established that expulsion was a proportional disciplinary sanction for TNRL’s failure to comply with its IRL membership duties,” Reuter reports.

Nadi, Lautoka will be locked down for two more weeks amid fears of Covid spread at Fijian funeral

By Barbara Dreaver, One News/TVNZ and is republished with permission

Fiji authorities will lock down cities Nadi and Lautoka for at least two more weeks after fears a Covid-positive case may have spread the virus at a funeral.

In a media conference , rime Minister Frank Bainimarama says it is highly likely there will be more cases.

Authorities were put on alert after a soldier at a Nadi quarantine facility tested positive in a routine weekly test and it is believed he contracted the virus from a couple who had returned from India.

While he has not gone into the community, he came into contact with a 53-year-old maid who was cleaning his room after he returned there sooner than expected.

The woman returned back home and attended a two-day funeral which she travelled to in a mini van with other passengers.

1 NEWS
Nadi, Fiji, on first day of Covid-19 lockdown Source: Supplied

Bainimarama says what is concerning is she had symptoms late last week but didn’t notify anyone or get tested.

“This situation is rapidly evolving and like we always have the Government will keep you updated every step of the way,” he said.

Anyone needing to go back into the lockdown areas have 24 hours to do so but wont be able to leave for two weeks. Only essential services will be open.

All schools around Fiji have had their holidays brought forward and are closed for three weeks from tomorrow, there are to be no religious gatherings and social distancing and contact tracing is to be activated.

Trans-Tasman travel bubble opens: In photos

By RNZ.co.nz and is republished with permission

It was hugs and tears all round today as family and friends reunited on the first day of the trans-Tasman bubble.

A passenger on the first quarantine-free flight into Auckland embraces with a loved one
A passenger on the first quarantine-free flight into Auckland embraces with a loved one Photo: RNZ/ Dan Cook

Thousands of people flew into New Zealand today from Australia on quarantine-free flights.

RNZ photographers and reporters were at Auckland, Wellington, Christchurch and Queenstown airports capturing the emotional reunions on camera.

Reporter Tess Brunton and camera operator Simon Rogers – both Australians – were on the first flight leaving Auckland this morning, heading to Sydney.

Passengers leaving Auckland on first day of trans-Tasman bubble
Passengers leaving Auckland on first day of trans-Tasman bubble Photo: RNZ/ Simon Rogers

By 9.30am, 10 flights had departed Auckland for Australia and Brunton and Rogers had almost arrived in Australia. They were welcomed at Sydney Airport by drag queens and Kylie Minogue’s Can’t Get You Out Of My Head blaring over the loud speaker.

Drag queens welcome visitors to Australia on the first day of the trans-Tasman bubble
Drag queens welcome visitors to Australia on the first day of the trans-Tasman bubble Photo: RNZ/ Tess Brunton

Meanwhile, in Auckland, people were starting to gather to welcome loved ones arriving from Australia.

A boy holds a 'welcome home' sign as families wait for people on board the first flight from Sydney to Auckland under the trans-Tasman bubble arrangement.
A boy holds a ‘welcome home’ sign as families wait for people on board the first flight from Sydney to Auckland under the trans-Tasman bubble arrangement. Photo: RNZ / Dan Cook

Air New Zealand estimated roughly three-quarters of passengers crossing the ditch today would be family and friends reuniting after months apart.

Auckland Airport welcome back sign.
Auckland Airport’s ‘welcome back’ sign Photo: RNZ / Dan Cook

The first commercial flight to arrive from Australia was from Sydney. It arrived in Auckland about 12.30pm, an hour after it was due.

A passenger gives a thumbs-up as he walks into the arrivals hall after flying from Sydney to Auckland Airport.
A passenger gives a thumbs-up as he walks into the arrivals hall after flying from Sydney to Auckland Airport Photo: RNZ / Dan Cook
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An emotional reunion after the first flight from Australia arrives in Auckland Photo: RNZ / Dan Cook
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So many happy moments Photo: RNZ / Dan Cook
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So many smiles Photo: RNZ / Dan Cook

Lily was at the airport waiting for her best friend Lilli. She said the two of them cried on the phone when she booked her flight.

Lily awaiting her best friend Lilli. She says the two of them cried on the phone when she booked her flight.
Lily awaiting her best friend Lilli. She says the two of them cried on the phone when she booked her flight. Photo: RNZ/ Kate Gregan

Finally, Lilli arrived.

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Photo: RNZ/ Dan Cook

Wellington Airport had not received any international passengers through its terminal in more than a year – until today.

Workers created a big black ‘welcome whānau’ sign yesterday, just in time for the trans-Tasman bubble flights.

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Wellington Airport’s ‘welcome whānau’ sign Photo: Supplied / Wellington Airport
A passenger is reunited with loved ones after the first quarantine-free Wellington flight from Australia disembarks.
A passenger is reunited with loved ones after the first quarantine-free Wellington flight from Australia disembarks. Photo: Samuel Rillstone
A passenger is reunited with loved ones after the first quarantine-free Wellington flight from Auckland disembarks.
A passenger is reunited with loved ones after the first quarantine-free Wellington flight from Auckland disembarks. Photo: Samuel Rillstone

Christchurch also welcomed its first quarantine-free flight this afternoon.

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A soft touch and kiss as loved ones reunite at Christchurch Airport Photo: RNZ/ Nate McKinnon
Loved ones embrace at Christchurch Airport
Loved ones embrace at Christchurch Airport Photo: RNZ/ Nate McKinnon

Queenstown Airport had a band, face painters and stilt performers ready to welcome people arriving from Australia.

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Stilt performers stand by to welcome visitors to Queenstown. Photo: RNZ / Belinda McCammon

After touching down, the first quarantine-free flight into Queenstown went through the water arch – a salute to welcome the special visitors.

The first quarantine-free flight into Queenstown goes through the water arch - a salute to welcome the special visitors
Photo: RNZ/ Belinda McCammon

Passengers onboard Qantas Flight 121 were welcomed by cheers from the ground crew.

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People prepare to welcome loved ones from across the ditch Photo: RNZ/ Belinda McCammon

About 100 passengers were onboard the flight, the first into the town in 387 days.

An emotional reunion as loved ones greet each other at Queenstown Airport
An emotional reunion as loved ones greet each other at Queenstown Airport Photo: RNZ/ Belinda McCammon

This Canberra couple were on the first flight into Queenstown. They’ve never been to the resort town before, but made the special trip for their honeymoon.

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12-year-old Kolomotu‘a boy in custody after 18-year-boy killed in fatal shooting

A 12-year-old suspect was taken into custody after an alleged shooting Saturday in Kolomotu’a killed an 18-year-old boy from Lapaha.

Deputy Commissioner Tevita Vailea, of Tonga Police said the firearms incident occurred at a residence in Kolomotu’a, Matangi Tonga Online reports.

It said the 18-year-old died from a gunshot wound to his head.

Police investigation continues.

No further details were available this evening.