Home Blog Page 400

Toutai Kefu back in charge of ‘Ikale Tahi

By RNZ.co.nz. This story is republished with permission

Toutai Kefu has been re-appointed as coach of the ‘Ikale Tahi until the 2023 Rugby World Cup in France.

Tonga rugby coach Toutai Kefu.
Toutai Kefu is back at the helm. Photo: Supplied/Tonga Rugby Union

He was previously in charge between 2016 and 2019, leading Tonga to nine wins from 28 tests, and also had brief stints as a technical advisor and interim head coach.

The Kolomotu’a born Kefu was the “unanimous” choice of the Tonga Rugby Union’s Joint Management Committee, from a pool of 35 applicants.

New CEO Peter Harding – himself a recent appointment – said it was pleasing to see a number of ex Tonga internationals who are coaching abroad also put their names forward for the ‘Ikale Tahi job.

Covid-19 permitting, Toutai Kefu will be required to spend at least four months per year in Tonga to act as a technical director for the union, assisting and educating local coaches.

The 'Ikale Tahi ended their 2019 Rugby World Cup campaign on a winning note against the USA.
The ‘Ikale Tahi ended their 2019 Rugby World Cup campaign on a winning note against the USA. Photo: PHOTOSPORT

The former Wallabies number eight will start work immediately, with Tonga scheduled to play two Rugby World Cup qualifiers against Samoa in July, with additional coaching staff and the first ‘Ikale Tahi squad in two years to be announced in due course.

Deported rapist who hired taxi, buy alcohol at bars with fake money in Tongatapu sent to jail

A Tongatapu man who used counterfeit money to purchase items at businesses across the mainland was sentenced to less than two years imprisonment in the Supreme Court in Nuku’alofa this morning.

Tonga Soane, 57, was found guilty after being convicted of three counts after attempting to use the fake bills at a bar, petrol station, restaurant and a taxi company.

On the evening of 6 December 2019 Soane paid $50 to the Telekava petrol station for fuel.

He also purchased beer at the Reload Bar using three $50 pa’anga notes. The cashiers at both establishments rejected his notes .

The Tonga National Reserve Bank later confirmed those pa’anga notes, among others, were fake.

Soane also ordered food from the Talahiva Restaurant for which he gave the cashier a $100 note. He was confronted there for using fake note before he left. The prisoner claimed the fake notes must have been given to him from the previous shop he was at. That explanation was rejected at trial.

The prisoner then hired a taxi to drive him around Tongatapu. He paid the driver three $100 notes before the manager of the taxi base complained to the police. Soane was arrested and charged.

He said in an interview with a probation officer that “he paid all the alleged amount that he owed in the offences”.

He “has not shown any remorse, nor does he regret what he did.”

His lawyer told the Supreme court in Nuku’alofa this morning April 1 his client has “previous good character”.

In sentencing Soane, the Lord Chief Jusrice said Soane is convicted of uttering counterfeit currency and was variably given three terms of imprisonment for the crimes he committed. Mr. Whitten suspended the last four months.

“All terms are to be served concurrently.”

Soane must also:

(a) be placed on probation;

(b) report to the probation office within 48 hours of his release; and

(c) undertake such life skills or other courses as his probation officer directs.

“I order that the counterfeit currency the subject of this proceeding be destroyed.”

Soane was also locked up in 1990s in New Zealand after he was convicted of rape and sentenced to a five-year imprisonment. Upon his release, he was deported to Tonga.

In 1999, he was convicted of theft and sentenced to three years imprisonment.

FAKAMATALA FAKATONGA

Na’e tautea ‘i he pongipongi ‘o e ‘aho ni’ ‘a Tonga Soane ta’u 57 ki he hia ko hono fakatau’aki ha koloa e pa’anga loi. Ko e taki pa’anga $50 mo $100 Tonga kākaa’i ‘eni hono fa’u’ ‘o ne totongi ‘utu’aki ha pausa, fakatau me’akai, pia ‘i ha pā mo totongi’aki ha tekisī ke ‘eva takai ai ‘i Tonga. Kuo’ ne ngāue pōpula ai ‘i he ta’u ‘e taha māhina ‘e fā, ka kuo toloi malu’i angalelei ‘a e māhina ‘e fā faka’osi’. ‘I he 1990 tupu ne ngāue pōpula ai ‘i Nu’u Sila ki he tohotoho pea iku ‘o tipooti ai ia ki Tonga ‘o ne toe ngāue pōpula ai ki he hia ko e kaiha’a.

Lodging complaints will help investigation into online schemes as victims seek refunds

While Tongans who believe they have been ripped off by recent schemes are trying to get a refund, they can lodge a complaint with the New Zealand Commerce Commission.

After the news of the scams broke on Sunday, some operators took to Facebook claiming they were not pyramid schemes, but were genuine businesses that could definitely pay their members in full.

There is a huge uproar in the Tongan online community with victims speaking up about their ordeals.

Some Tongan Facebook groups have removed links to the schemes after declaring they were working to refund their members money after realising they were pyramid schemes.

Scammers operating through Facebook promised huge returns on investments.

Some schemes told Facebook groups to register $780 for a return of $6000.

Others claimed that if people deposited $500 for a spot in their scheme they would get $2500 back.

One woman who asked not to be identified paid for four spots expecting to get back $10,000. She told Kaniva News she was never paid the money. She contacted the group and was told the organisers were still looking for a way on how to get her money back.

Ways to complain

While people like her are fighting to get their money back, they can help the Commerce Commission, which is investigating the scams, by reporting what has happened.

There are three ways to do this. One is to phone the Commission on 0800 943 600. Another is to contact them on contact@comcom.govt.nz.

The other is to lodge a complaint directly on the Commission’s web page here: https://comcom.govt.nz/make-a-complaint

The Commission can take action about misleading or deceptive conduct that occurs in trade, including pyramid schemes. In the past it has warned off people involved in promoting scams and has issued warnings to the public about fraudulent activities.

However, it cautions that it generally cannot take action on people’s behalf or get a refund. It does not give legal advice. It advises seeking information from Consumer Protection (https://www.consumerprotection.govt.nz/general-help/scamwatch/report-a-scam/), the Citizens Advice Bureau (https://www.cab.org.nz/search/scams) or one Community Law Centres (https://communitylaw.org.nz/).

People who do not speak English or feel they would be more confident in talking to Commerce Commission in Tongan can tell the Commission they wanted a translator.

Tongans and Tongan groups in Auckland appear to have been the subject of what the New Zealand Financial Markets Authority calls affinity fraud – schemes that prey on people who trust each other, such as members of religious, social or cultural groups. They abuse the trust that exists within these groups to steal money.

Citing a TVNZ report by Pacific correspondent Barbara Dreaver, we reported the online schemes have targeted Tongans in churches, community groups and families across Auckland.

The schemes are presented as gifting programmes or investments.

The schemes rely on promoters signing up recruits and using their investment to pay off people who signed up earlier. These schemes collapse as soon as they run out of new recruits and people who invested later lose everything.

The New Zealand Financial Markets Authority has information on how to avoid scams, with information aimed at Pacific communities, including Tongan. (https://www.fma.govt.nz/investors/scams/scams-information-for-pacific-communities/)

2019 fraud

In April 2019 we reported on a pyramid scheme being promoted in Tonga by a company called WorldVenture. The National Reserve Bank warned the public against investing in the scheme and said anybody convicted of promoting such a scheme could face a TP$1 million fine and 30 years jail.

As the New Zealand Commerce Commission says: “There are no get-rich-quick schemes: If it seems too good to be true, it probably is.”

 

Auckland Supreme Court rejects murder convicts Tufui and Tapaevalu’s bid for third trial

AUCKLAND, NZ  The Supreme Court has dismissed the legal challenges made by convicted killers Mesui Tufui and Fisilau Tapaevalu after being found guilty of murdering an Auckland-based Tongan  man.

Epalahame Tu’uheava, was found lying dead beside his seriously injured wife Mele Yolanda Tu’uheava. Photo/Facebook

In their decision this month March 18, three judges agree that no substantial miscarriage of justice has occurred and agree with the Court of Appeal’s decision, and the decisions by a judge in the High Court that two Tongan cousins Tufui and Tapaevalu were found guilty of the killing of ‘Epalahame Tu’uheava and the attempted murder of his wife, Yolanda.

Tufui can seek parole after 19 years, Tapaevalu after 17 years.

The latest court decision came after Tufui appealed his conviction and Fisilau Tapaevalu appealed his sentence early last year at the Court of Appeal after their sentencing at the High Court in August 2019.

Both appeals were dismissed in November last year.

‘Epalahame and his wife were shot multiple times in the head on a Mangere street in the early morning of 1 May 2018.

Yolanda survived after playing dead. She told the court in June 2018 the pair lived in Australia for around three years, until 2017.

She said during that time, her husband developed a close association to the leader of the Nomads gang.

When they returned to New Zealand for financial reasons, she told the court Epalahame started to take notice of the Comancheros.

“He admired them,” she said.

This month in March 18, in a decision delivered by Justices William Young, O’Regan and Ellen France, the Supreme Court ruled it was satisfied that nothing in Tapaevalu’s case, “gives rise to an appearance of a miscarriage of justice in the Court of Appeal’s assessment of the factual circumstances and the relative culpabilities.”

“The argument raised does not suggest such a possibility in this case,” the judges said.

“The criteria for leave to appeal are accordingly not met. The application for leave to appeal is dismissed”.

In Tufui’s case, the judges said “we accept the submission for the respondent that considering the issue in terms of trial fairness would not change the required analysis in this case from that adopted by the Court of Appeal”.

“The application for leave to appeal is accordingly dismissed.

Tufui sought leave to appeal based on claims “that he  should have been permitted to put to Mrs Tu’uheava the arrest photographs of Mr Tapaevalu”.

He claimed these photos have “better quality than the image in the photograph montage she had been shown.”

He said that “the inability to put this evidence to the witness, which the Court of Appeal accepted was an error, resulted in a miscarriage of justice because there was a reasonable possibility that a different verdict would have been returned”.

Tapaevalu argued that “there is a public interest in considering the approach to sentencing for those in the role of a secondary party”.

He also argued that the “imposition of a 17-year minimum term of imprisonment was manifestly excessive given the features of his offending, including the finding that the murder was not premeditated; his role as a secondary party (as the driver, and not in a leading or organisational role); the fact he did not have a gun; and the fact he did not participate in the physical act of shooting”.

Tonga prison head optimistic of resolution to overcrowding

This story by RNZ.co.nz is republished with permission

Tonga’s head of prisons is hopeful a severe overcrowding problem will be resolved soon.

Hu’atolitoli, on Tongatapu, is badly overcrowded with the Prison Commissioner Semisi Tapueluelu, saying cells built for one were now housing up to four inmates.

Tapueluelu said there were 51 cells, which should each hold one person each, however he said sometimes the prison roster was as high as 180.

There were also inmates with psychiatric issues in Hu’atolitoli because the main clinic at Vaiola Hospital was sending erratic and hard to control patients to the jail.

The commissioner said there were a number of reasons for the growing prison population.

He said this included people who’d committed drug offences, juveniles and those jailed for breaking Covid-19 detention rules, while the number of psychiatric patients was also up.

Tapueluelu said these patients were simply provided with accommodation – there was no medical care available to them.

But he recently invited government ministers to tour the prison and he said there was now the political will to ensure changes were made.

Tapueluelu wouldn’t be drawn on what changes might be made, but he felt the MPs understood the issue and the needed to do something about it.

The man who headed up the psychiatric facility at the Vaiola hospital, Dr Mapa Puloka, said the key issue for him was that there was some facility at the prison that could house female psychiatric patients separately, so they were not just included in with other prisoners.

He also confirmed reports that the explosion in drug use in Tonga in recent years had led to more psychiatric cases.

Tongan man in Hawai‘i charged after attempting to meet minors for sex

An undercover sting in Maui, Hawai’i focusing on those who seek to have sex with children has resulted in seven arrests — including a Tongan man identified as Finehafo’ou Hafoka, 26, of Kahului.

The seven suspects were arrested and charged under the sting operation. (Top row from left to right: Ulep, Oluwatimilehin, Irvine, Mann) (Source: Maui Police Department)

The suspects were arrested on Friday and Sunday and charged with first-degree electronic enticement of a child, the Hawai’i News Now reported.

“Several suspects also face a charge of promoting pornography or electronic indecency.

Police said the accused allegedly talked online to individuals they believed were underage minors,” it said.

They then took “substantial steps” to meet the underage person for sex, the paper quoted Police as saying.

“Instead, the alleged offenders were met with law enforcement officers.

Bail for each of the suspects has been set at $150,000.

“The online sexual exploitation of young children and teenagers alike in our community is happening and is a real threat,” Maui Police said in a news release..

“The offenders come from all different walks of life and all different backgrounds.

“The only commonality is the lasting emotional and physical damage that they do to our children,”

“All cases have been turned over to the county’s prosecuting attorney for review.

Operation Keiki Shield is led by the state Attorney General, Internet Crimes Against Children task force, and involves the work of local and state enforcement officers.”

Charles Piutau’s Tongan rugby switch could be off for good

This story by RNZ.co.nz is republished with permission

Former All Black Charles Piutau will not be available to play for Tonga in the final Olympic Sevens Qualifier in Monaco.

Former All Black Charles Piutau is among a host of Pacific Island rugby stars playing for Bristol.
Former All Black Charles Piutau is among a host of Pacific Island rugby stars playing for Bristol. Photo: PHOTOSPORT

Players with eligibility for more than one country can switch their international allegiance by participating in Olympic qualifying events provided they had a passport for the second country and complete a stand down period of three years.

Piutau played the last of his 17 tests for the All Blacks in 2015 and previously stated he would love to represent his Tongan heritage.

The Olympic Sevens Qualifier had been earmarked as a chance for the 29 year old to complete his switch from New Zealand to Tonga, alongside another ex All Black, Malakai Fekitoa.

But new Tonga Rugby CEO Peter Harding said that was unlikely, as the tournament clashed with the semi finals of the English Premiership on 19-20 June.

“As far as us getting Charles or Malakai or those guys, the only way we can do that is if they take a massive chance with their contracts which, let’s face it, that’s a risk,” he said.

“Whether they’re willing to take that risk it’s going to be up to them but it’s a big risk for them. I don’t know how many of those people we will get across – I don’t think we’ll get very many at all.”

Peter Harding, new CEO of Tonga Rugby Union
Peter Harding, new CEO of Tonga Rugby Union Photo: World Rugby

Piutau is a key figure in the Bristol Bears side which currently tops the English standings seven rounds out from the playoffs, where the former Tonga Under 20s international plays alongside his older brother Siale, who captained the ‘Ikale Tahi at the 2019 Rugby World Cup.

Bristol coach Pat Lam has previously indicated his support for players being able to switch allegiance to represent their Pacific Island heritage, telling RNZ’s Champions of the Pacific programme that Piutau and Steven Luatua “could be a massive asset” to Tonga and Samoa.

But a spokesperson for the club confirmed that if the Bears make the playoffs in June “those boys will be playing for (the) Bears”.

Springboks centre Jesse Kriel (L) tackles All Blacks wing Charles Piutau with second five Damian de Allende in hot pursuit
Charles Piutau last played for the All Blacks in 2015. Photo: Photosport

Tonga was not a core side on the World Sevens Series circuit and if Piutau did not feature in Monaco the next time he would be able to switch his international allegience would be at the Oceania Sevens Championship in 2023, by which time he would be 32 and would miss out on representing the ‘Ikale Tahi at the 2023 World Cup.

Peter Harding was philosophical.

“If it was on a different weekend we wouldn’t have any trouble getting these guys across but realistically it’s not on a different weekend, it’s on a weekend where they most likely can’t come so that’s life,” he said.

“These people have private contracts with clubs, whether we’re playing or whether it’s the Olympic qualifier, and they have to look after their contracts and their family and if they do come sometimes they have to make decisions they would prefer not to be making but they have to make the right decision for their family and their future, it’s very difficult for them.”

There was still hope that Malakai Fekitoa would be able to play in Monaco. The Ha’apai-born midfielder was part of a Wasps team that were ninth and seemingly out of contention for the playoffs, which would allow the 28 year old to link up with the Tongan squad following the completion of the regular season.

Wasps centre Malakai Fekitoa last played for the All Blacks in 2017.
Wasps centre Malakai Fekitoa last played for the All Blacks in 2017. Photo: AFP

Peter Harding hinted there were some other players also on Tonga’s radar to play in Monaco and praised the job that coach Tevita Tu’ifua and manager Richard Weightmann had done with the men’s sevens programme over the last two and a half years.

“Let’s make no bones about it, they’re obviously very good at their jobs and they’ve done a fantastic job under a fair bit of pressure, mind you,” he said.

“They’ve pulled a great programme together there and one thing I did do while I wasn’t involved was to talk the board into fully supporting them last year, while things were a little bit ropey and while they were deciding things, because their programme is of great value to Tonga Rugby.”

Lavulavus’ land lease fraud trial adjourned again

The Minister of Infrastructure ‘Akosita Lavulavu and her disgraced husband ‘Etuate Lavulavu, once again had their case adjourned when they appeared at the Magistrate court this morning March 29.

Minister of Infrastructure ‘Akosita Lavulavu and husband ‘Etuate Lavulavu. Photo/Akosita Lavulavu (Facebook)

The Leader of the Opposition Party Semisi Sika, who was one of the witnesses in the case claimed they were told the Magistrate was unable to attend the session due to an illness.

The last time it was postponed was March 18 after the Lavulavus failed to turn up because they were in Vava’u.

Sika said the trial would resume this Thursday April 1.

On April 12 the couple are expected to appear at the Supreme Court to face another separate fraud trial.

In that case, ‘Etuate and Akosita will jointly stand trial on three counts of obtaining money by false pretences and three counts of knowingly dealing with forged documents.

The charges arise from an investigation of the finances of the ‘Unuaki ‘O Tonga Royal Institute, a private education provider.

Akosita was the director and ‘Etuate was the president.

Their case this Thursday arises from a dispute after their landlord in Vava’u vehemently denied writing and signing a letter which was submitted to the Ministry of Lands and Survey telling them he agreed to allow ousted Cabinet Minister ‘Etuate to quarry rocks on his land.

The letter was believed to be written by the Lavulavus.

Sione Tunufa’i Tui said he learned further quarrying activities operated on seven acres of his eight acre tax allotment in Ta’anea were based on a letter he claimed he did not know was submitted to the Ministry of Lands and Survey three years ago.

A copy of the letter, seen by Kaniva News, was purportedly showed Tui’s signature.

Tui told Kaniva News in a previous exclusive interview he never signed such letter.

‘Etuate, the People’s Party Deputy Chairman – the Party in which the Prime Minister was a founding member –  previously told Kaniva News Tui allegedly signed the letter and there were people who could bear witness to it.

He claimed Tui’s signature varied whenever he signed.

Controversial backgrounds

‘Etuate Lavulavu is no stranger to courts, controversy or convictions.

In 2003 he was arrested by the FBI while trying to board a flight from Salt Lake City to Los Angeles. He was charged with falsifying immigration papers for Tongans to become American Citizens as part of a scam carried out with his brother. He pleaded guilty to two counts of illegal use of a birth certificate, but only had to pay costs.

In 2004 he began referring to himself as “professor” and said he had a doctorate from an American institution, which turned out to be a notorious “mail order” university which essentially sells degrees.

The Director of Education said at the time that the Ministry did not recognise his “professorship.”

In 2016 Tonga’s Supreme Court convicted him of bribery and spending over the legal limit on his 2014 election campaign.

The judge said Lavulavu was not a credible witness and that his evidence was implausible, evasive and untruthful.

As a result of his conviction he was kicked out of Parliament. His wife Akosita won the by-election in his electorate.

In a case in 2000, Lavulavu was sued by the Late Prince Tu’ipelehake for damages and unlawful cultivation of his land. In his summing up of the trial, Lord Chief Justice Ward said Lavulavu “was willing to say almost anything that seemed to suit the moment with a repeated disregard for the truth.”

Last year the Supreme Court ordered ‘Akosita to pay the plaintiffs’ costs after Lord Chief Justice Whitten quashed her decision to deny whale watching and swimming licences to a group of companies.

Mr Whitten said the Minister’s decisions were infected by errors of law.

Exclusive: Commerce Commission investigating possible pyramid schemes targeting Tongans in Auckland

By Pacific correspondent Barbara Dreaver of One News. This story is republished with permission.

The Commerce Commission is investigating a number of possible pyramid schemes involving registered companies targeting Tongans in churches, community groups and families across Auckland.

Commerce Commission’s Joseph Liava’a. Photo/Screenshot, One News

The Commission has received a number of complaints, but 1 NEWS understands many in the Pasifika community have been affected.

It’s believed hundreds of Tongans in Auckland have lost money through a number of schemes with the lure of a big return in a short amount of time. In one video trying to get recruits, one man Tomasi Patuki encourages those at a meeting to join a new group.

“I’ve suffered, you suffered, everyone has suffered but there’s always a loophole and this is the loophole, people,” he says.

“We are a registered company, we only started little but we’re growing very, very fast. I can guarantee you guys to join us ‘cause the money will be paid,” a woman can be heard saying in the clip.

While some have earned money, it’s not true for most who sign up to the schemes, which are presented as gifting programmes or investments.

“I am so sad. It’s like they are stealing from us as Tongans. The thing I want now – I just want my money back,” said one victim, who did not wish to be identified.

People are promised if they put in money, they will receive large amounts of cash quickly but it relies on them bringing in recruits and their cash is gifted to the people above them. When pyramid schemes typically collapse, the people further down get nothing.

“If you need to recruit people in order to make money and there’s no real product or service involved, it’s probably an illegal pyramid scheme – don’t risk it,” the Commerce Commission’s Joseph Liava’a warned.

The schemes are running rampant in Auckland’s Tongan community with recruiting and meetings taking place in McDonald’s, church halls and in private homes.

Even on a Facebook messenger group set up by victims fighting to get their money back there was active recruiting trying to lure those in the group into yet another scheme.

Many of the groups are set up using a registered company and supposed contracts – like the one running out of takeaway bar Haamongaa Maui in Ōtāhuhu.

Another victim, who did not wish to be identified, said she saw the contract when which made her believe it was legitimate when she signed up at the takeaway outlet.

“I saw the paper and it makes me believe this is true, it’s going to happen because they let me sign, we made an agreement,” she said.

Legal experts 1 NEWS spoke to say the contract itself does not appear to make sense, with some of it in complete gibberish.

1 NEWS spoke to a number of victims who have dealt with Sita Tu’ima and her Golden Gifting Group.

“They said to us, ‘Don’t stress, just join. You will get your money, don’t worry’,” the first victim said. “After, when I tried to ring them, they said, ‘Oh sorry, something wrong, work it out in a few days’. Since then, I keep chasing and chasing and still nothing.”

Tuima denies she’s part of a pyramid scheme and claims it’s a gifting programme.

She told 1 NEWS that people lost money because they didn’t bring in recruits or left without passing cash on to the people above them.

She says she’s joined another gifting programme so she can refund those who paid her.

People 1 NEWS have spoken to say no refund has been forthcoming.

Instead, they’ve lost trust and cash they didn’t have to begin with.

FAKAMATALA FAKATONGA

Kuo fakatotolo’i ‘eni ‘e he Komisoni Komeesi ‘a Nu’u Sila’ ‘a e ngali kuo mafola ‘a e fo’i mōtolo fakapisinisi ‘oku lahi mole ai ha pa’anga lahi ‘a ha kakai ‘a ia ‘oku ‘iloa ko e sikimi pilamita pe pyramid scheme ‘i he komiuniti Tonga’ mo Nu’u Sila’ ni foki. ‘Oku lahi hono ngāue’aki ‘e he kau Tonga ‘a e mōtolo ko ‘eni , tatau pe ‘i Nu’u Sila, ‘Aositelelia, ‘Amelika mo Tonga ‘o fakalea ko e lī pa’anga ‘o nau uki ‘enau kakai ke tipositi ha pa’anga taki $500 pe $750 ‘a e tokotaha kae palomesi ko ‘ene ‘osi ha taimi nounou pe te nau toho leva ‘a e pa’anga ‘oku lahi fau taki $3,000 pea 5,000 atu e fa’ahinga. ‘I he lao ‘a Nu’u Sila ni’ tatau pe mo Tonga, ‘oku tapui ke ngāue’aki ‘a e mōtolo’ ni he ‘oku ‘ikai mo’oni ‘e ma’u kotoa ‘e kinautolu ‘oku fakahū pa’anga ai ha pa’anga lahi pehee. Ne ‘osi toutou lipooti ‘eni ‘e he Kaniva’ ki mu’a, pea ‘oatu ai ‘a e fo’i fakamatala nounou ke te mahino’i ‘aki ‘a e mōtolo ko eni ‘a ia ko e fakamatala pe ia ‘oku fale’i mai ‘e he Komisoni ko eni ‘a Nu’u Sila. ‘A ia ‘oku peheni – kapau ‘e uki atu ha li pe fakahū pa’anga natula fakatupu peheni ka ko e founga ‘e ma’u ai ‘ete tupu lahi kuo palōmesi’ ‘ ko e ma’u pe mei he lahi ‘o e  sea ‘o ha kakai te te fakahū ke kau ki he li pe tipōsiti pa’anga ko ia’, pea ke fakamama’o he vave taha’ mei ai ‘e ‘ikai ke mo’oni ia. ‘Oku ngāue’aki ‘e he kakai Tonga ‘a e mōtolo ko ‘eni ‘o ui ko e li pa’anga pea ‘i ai mo e ngaahi hingoa kehe ‘oku fakahingoa’aki ke ongo lelei hangē ko e Golden Gifting ‘i Nu’u Sila’ ka ko e mōtolo tatau pe. ‘A ia ‘oku tapui he kuo ‘osi fakamo’oni’i fakamāmani lahi ‘oku ‘ikai ngāue ia ‘o hangē ko hono malanga’i’. ‘Oku malava pe ke ma’u ha pa’anga ‘a ha ni’ihi tokosi’i tautefito ki he kamakamata ‘o e fa’ahinga sikiimi ko ‘eni’ ka ‘e ‘ikai fuoloa kuo ha’ulu ia  ‘o iku ki he mole ‘osi ‘enau pa’anga’ he ‘e ‘ikai kei ma’u ha kakai ia ke omi ‘o fai e fo’i fakapa’anga ko eni’. Ko e me’a ia ‘oku ui ai ko e pilamita’ he ko e ki’i ni’ihi tokosi’i pe ‘i ‘olunga ‘e ala ‘uluaki vahe ‘o ma’u ha’anau seniti ka ko e ‘aho ‘e holafa ai ‘a e pilamita ni ko e kakai ‘i lalo’ ‘a ia ko e tokolahi taha’ kinautolu’ ‘e ‘ikai pe ma’u ‘enau pa’anga’ ‘a kinautolu. Kuo ‘osi senituli ‘a e fa’ahinga mōtolo ko ‘eni talu hono ‘ilo ‘i ‘Iulope he senituli kuo ‘osi pea kuo ‘osi toutou fakamo’oni’i ‘ene palopalema’ pea ko e me’a ia ‘oku tapui ai he lao ‘a e ngaahi fonua lahi. ‘Oku mahino foki ki he Kaniva’ kuo ‘osi palopalema lahi ‘a e ngaahi kulupu peheni ‘a e kakai Tonga’ he lolotonga’ ni  pea ‘oku lahi ‘a e fehanuaki kuo ‘ikai toe lava ia ke totongi fakafoki e pa’anga ‘a e kakai pea launga e tokolahi ka kuo ‘ikai toe ma’u ‘enau pa’anga ne fakahuu pe ko ia ne palomesi ange’.

Minister Lavulavu’s latest attack downplays lessons to be learnt about how MPs have behaved when faced with serious allegations

Minister of Infrastructure ‘Akosita Lavulavu’s latest attack on  Kaniva News and our right to hold her to account appear to stem from stress over the two separate serious fraud cases she is expected to face on Monday March 29 and April 12 .

Hon. ‘Akosita and her husband ‘Etuate Lavulavu

In her latest statement on VPON media, ‘Akosita has repeated herself several times in her latest attack on the roles of the media and the opposition party. She also downplayed how much Tongan Parliamentarians can learn from the New Zealand Parliament about how its MPs have behaved in similar circumstances.

In New Zealand, Australia and other Parliaments it would be expected that MPs facing such serious charges would step down, even temporarily, for the good of the party and so as not to besmirch the name of Parliament.

‘Akosita and her husband ‘Etuate face charges of knowingly dealing with forged documents and obtaining credit by false pretenses, after irregularities were found in an audit of the ‘Unuaki ‘o Tonga Royal Institute in 2016 and a land lease complaint in 2020. She did not deny these charges in her attack on Kaniva.

There were more serious accusations in Kaniva’s article on Wednesday about the various court rulings against ‘Etuate in Tonga as well as in the United States. ‘Akosita did not deny this. Instead, she kept asking for the legal basis for the calls we and Opposition Leader Semisi Sika have made for her to resign. We have already told her it was our responsibility to do so.

Contradictory

In our second story, which was a commentary, we made our argument clear:

“There does not have to be a court judgement to be made for a Cabinet Minister to resign once they come under the spotlight. The Tongan courts have no constitutional power to order her to resign. The mere fact that she has been accused and charged with two separate fraud cases, not just one, was enough for her to resign.”

Ironically, ‘Akosita did answer her own question by admitting that Sika has a right to call on her to resign in his role as an MP and citizen of Tonga.

In the Minister’s own words: “Semisi Sika is entitled to do so [call for her resignation] as a member of the parliament or citizen of Tonga.”

However, she claimed we were wrong in saying that Sika was the Leader of the Opposition Party because Tonga did not have a party system government. She was wrong.

Tonga People’s Party Inc (TPPI) and PTOA Party

The Tongan constitution does not say that Tonga has a formal party system of government.  Technically, however, the party system does exist and is recognised in Tonga and in the international level. It has been referred to as such  in legal documents, been recorded in the Parliament’s Hansards and quoted by local and international media as well as leaders of Tonga and overseas countries.

‘Akosita should know this well because she and her husband ‘Etuate Lavulavu were founding members of the Tonga People’s Party. This Party was formalised and registered with the Tonga government in January 2020, according to ‘Akosita’s husband ‘Etuate. There was also the PTOA party.

On page 4 of the TPPI manifesto there is this statement and I quote: “In the current Parliament, TPPI has 18 affiliated MPs and the opposite party of Paati Temokalati Otumotu Anga’ofa (PTOA) has only 9 MPs.” This manifesto has become a legal document.

So ‘Akosita and VPON’s argument that Tonga does not have a party system is flawed.

The Opposition Party

It is now normal practice that whenever the Prime Minister and his executive Cabinet are elected  and have a supporting bench in Parliament the rest of the MPs in the Legislative Assembly became the Opposition, with somebody they chose as their leader.

The name Opposition Leader was first given to Late Democratic Leader ‘Akilisi Pohiva. It was quoted by various international media including the Australian newspaper the Age. The Australian Parliament reported in 2004: “Opposition Leader ‘Akilisi Pohiva commands 70 per cent popular support and would be Prime Minister in a conventional democracy.”

After Pohiva’s death Radio New Zealand referred to him as Opposition Leader:  “He (‘Akilisi) was without question the best opposition leader Tonga ever had.” After Pohiva’s death he was replaced by Sika and again Sika was referred to as Opposition Leader.

NZ and Tongan parliament exchanges

In our Commentary we gave examples of Ministers in New Zealand and Australia who voluntarily resigned because they believed their continuation in the roles while they were being accused was the kind of distraction their government did not want.

We mentioned that to highlight the ground and basis for their voluntary resignation after they had been accused or linked to allegations or corruptions. They resigned without going to court to clear their names. We said ‘Akosita could learn a lesson from the two countries.

The New Zealand and Tonga Parliaments  have visited each other in the past; the last time in 2020 when the Speaker, Lord Fakafanua, led a Tongan delegation to New Zealand .

Lord Fakafanua told Radio New Zealand at the time that “a lot of experience and knowledge of the New Zealand Members of Parliament was a great resource for Tonga “to tap into”.

Lord Fakafanua said he thought the most important thing to take away with them was “New Zealand Parliament’s commitment toward strengthening democratic processes and sharing those ideals and values”.

This was why our Commentary on Thursday suggested that ‘Akosita should learn from Australian and New Zealand ministers who voluntarily resigned in the past. These are the good values and ideals Tongan MPs need to learn from New Zealand and it was our role as media to remind ‘Akosita of that.

When she has serious two accusations laid  against her, the decent thing to do would be to resign.

Tongan Ministers’ resignations

Tongan ministers who have resigned in the past including the Minister of Justice ‘Alisi Taumoepeau in 2010, Prime Minister ‘Ulukālala Lavaka Ata, who is the current king, in 2006 and Finance Minister Cecil Cocker in 1995. They resigned because they had been linked to allegations which were not good for the government of the day.

‘Akosita should remember that Cocker resigned from his ministerial position after he was at the centre of an allegation which linked to a cocktail party in New Zealand.

‘Akosita asked why Kaniva did not  call on Sika to resign when, in 2016, the Supreme Court rules he “acted unlawfully when he advised the plaintiffs that their appointments on the Board of the Authority had ended.” ‘Akosita accused Kaniva of being biased in calling her to resign while we did not call on Sika to resign.

Court penalises ‘Akosita

A simple pattern can help explain this situation for the Minister. Opposition Leader Sika made a comment to Kaniva News on Wednesday calling on her to resign, which we reported. No one in the Opposition in 2016 told Kaniva News they wanted Sika to resign, but we did report Sika’s case at the time.

The point is, we didn’t call on Sika to resign after his decision was quashed by the court in 2016, and we also didn’t call on ‘Akosita to resign after the court imposed her penalty in 2020.

‘Akosita’s case, in which she was penalised by the court for unlawfully denying whale watching licenses to a group of companies was only raised in Thursday’s commentary in an attempt to shed light on her implication that only a court decision could justify a resignation.

FAKAMATALA FAKA-TONGA

‘Oku mahino ‘i hono toutou ‘ohofi ‘e he Ministā ki he Ngaahi Ngāue Lalahi’  e Ongoongo ‘a e Kaniva’ mo e Taki ‘o e Fa’ahi Fakaanga’ ‘oku ‘ikai ha poini ia ka ko e lahi pe situlesi he fefine’ ni tu’unga he’ene ongo fu’u hopo lalahi ‘e ua ‘e kamata ‘apongipongi ‘ pea ‘oku ‘ikai ke tau fakaanga he ta ko e me’a ia ne fakafisi pehē ai pe kau minisitā ‘a Tonga’ ki mu’a’. Ko e ongo tukuaki’i mamafa ‘eni ‘o ‘Akosita mo hono hoa’ ‘Etuate Lavulavu ki he liliu loi ha ngaahi pepa ke na kaiha’asi’aki ha fu’u pa’anga lahi mei he tukuhau ‘a e fonua’, pea mo e tukuaki’i ki hono fa’u ha fakamalata loi ke lohiaki’i’aki ha lisi kelekeleke ki he Potungāue Fonua’. ‘Oku toe fepakipaki e fakamatala ‘a e minisitaa’ ni  mo ‘ene ngaahi fehu’i kuo fai ki he Kaniva’. Fehu’i pe ia pea ne toe tali pe ‘a e  tali totonu ki he’ene fehu’i ne fai’. ‘Ohofi ‘e ia ongoongo’ ni hono fokotu’u atu ‘e Sēmisi Sika ke fakafisi’. Pea ne mau ‘osi tala atu ki ai ko e ngafa totonu ia ‘o e Fa’ahi Fakaanga’ ke fai ‘a e fokotu’u ko ia (to hold her to account) pea ko e fatongia mo ia ‘o e mitia’ ke tuku atu ki he kakai’ e fakakaukau ‘a e Taki Fa’ahi Fakaanga’. ‘Ohofi ia ‘e ia mo ‘eke pe ko e ha ‘emau totonu fakalao pea ko e ha e makatu’unga fakalao ke fakafisi ai. ‘Osi pe kuo ne toe tala mai ‘oku ne fakapa’apa’i peseti ‘e 100 ko ā e mitia’. Ka ko ‘ene ‘ohofi e Kaniva’ ‘aki e fanga ki’i poini fulufulu’i moa’ ‘oku ‘ikai ko ha faka’apa’apa ia ki he mitia’. Tala mai ‘e ia ‘oku ‘ikai ko ha taki ‘a Sika ia ‘o e Fa’ahi Fakaanga’ he ‘oku ‘ikai ha sisitemi fakapaati ia ‘a Tonga. ‘Osi ko ia’ ko ‘ena paati ‘ena mo hono mali kuo ‘osi lesisita ‘o ui ko e Paati ‘a e Kakai’ ‘o Tokoni Sea ai ‘a ‘Etu pea mēmipa ai ‘a Sita. ‘Oku ‘ikai tala mai ‘e he konisitutone ia ‘a Tonga ko ha sisitemi fakapaati ‘a e pule’anga’ ka ‘oku ‘ikai tapu ia ke fokotu’u paati ai mo ngāue atu ‘aki ‘e ha taha hangē ko e mitia’  ‘a e ngaahi hingoa fakapaati hangē ko e Taki ‘O e Fa’ahi Fakaanga’ ki he kau Fakafofonga Falea Alea’. Tala mai ‘e ia mo e VĪPONI’ ke tuku e fakatatau ia ki he fakafisi ‘a e kau minisitā ‘a Nu’u Sila’ mo ‘Aositelēlia’ he ‘oku kehe pe  kinaua ia mei Tonga pea ‘e ‘ikai  ke fakafisi ha minisitā ‘i Tonga koe’uhī ko ha fakafisi ‘a ha minisitā ‘i Nu’u Sila. Mio’i ‘e ia ‘emau ongoongo ke tu’u kehe. Ko e me’a ne fokotu’u atu ke ne ako mei he fakafisi ‘a e kau minisitā ‘a e ongo fonua’ ni. He kuo ‘osi ha’iha’i ‘a e ongo Fale Alea’ ni tautefito ki Tonga mo Nu’u Sila ke na feako’aki. Pea kuo ‘osi fe’a’ahi’aki ‘a e ongo Fale Alea’ ni he kuohili’ pea ko e fakamuimui taha’ ko e ta’u kuo ‘osi ne ‘i heni ai ‘i Nu’u Sila ‘a e Sea Looti Fakafanua mo ‘ene timi ko e omi ke ako he ngaahi tō’onga, angafai mo e founga ‘a e kau Fale Alea Nu’u Sila. ‘Ilo pe ia ‘e Sita he ne ‘osi kau mai he ‘a’ahi ‘e taha ki mu’a ka ko e mahalo lahi pe situlesi he teu hopo’. Me’a ‘e taha ke ne manatu’i na’e fakafisi ‘a e Minisitā Pa’anga ‘a Tonga he 1995 ko Cecil Cocker tu’unga ‘i ha tukuaki’i mamafa kiate ia ‘i ha paati ne fai ‘i Nu’u Sila ni. Sio ki he poini. Ko e me’a ‘e hoko ‘i Nu’u Sila’ ‘e ‘ikai faka’ata’atā ‘a Tonga ia mei ai. ‘Oku ako ‘a Tonga mei Nu’u Sila, mo’ui he pa’anga ‘a Nu’u Sila ko e hā kuo ‘ai ia ke kehe ‘enau founga ki he fakafisi? Pea ko e kau minisitā ne fakafisi ‘i Tonga’  hangē pe ko Nu’u Sila’ kau ai ‘a Cocker, Minisitā Lao ‘o e 2010, mo e Palēmia ‘o e 2006 ‘a ia ko e tama tu’i ia ‘o e ‘aho ni’ ne ‘ikai ke nau toe ō ki he fakamaau’anga’ ke ‘eke ai ha’anau totonu ka ko ‘enau fakafisi pe tu’unga ‘i hono tukuaki’i kinautolu’. Ka ‘oku vivili mai ia ‘oku ‘ikai ha makatu’unga fakalao ia ke fakafisi. Ko ‘ene tukuaki’i mamafa pe taha ko e ava mai ia ‘a e matapā kiate ia ke lue ki ‘api’. Angamaheni’ ‘oku makatu’unga pe he mamafa ‘o e tukuaki’i tautefito ki he ongo keisi ‘a ‘Akosita’ he ‘oku iku ia ki he Fakamaau’anga Lahi’. Ka ko e founga ia ki ha kau minisitā kuo tukuaki’i,  fiema’u ia ke nau male’ei ki tafa’aki  ō ‘o teuteu ‘enau hopo’ kae ‘atā e Sea mo e ‘ōfisi ‘a e pule’anga ‘o e kakai’ ia ke ha’u ha taha kehe ki ai ‘oku ‘ikai uesia ‘ene mo’ui mo hono ‘atamai’ koe‘uhi ko hono tukuaki’i’. Tala mai ‘e Sita  ‘oku paiasi ko ā e Kaniva’ hono lipooti ke fakafisi hili ko ia’ ne  ‘ikai ke mau fai pehē hili hono fakahā ‘e he fakamaau’anga’  ne maumau’i ‘e Sika ‘a e lao’ ‘i he tu’utu’uni na’a ne fai fekau’aki mo e kau talekita poate Takimamata’ he 2016. Ko e ki’i pēteni faingofua ‘eni ke fakahinohino’aki e minisitaa’ ke mahino lelei ki ai e me’a ni. Ko Sika na’a ne fai e komeni ‘i he Kaniva’ ‘i hono lakanga ko e Taki ‘O e Fa’ahi Fakaanga’ ‘o ne ui kia Sita ke fakafisi. Na’e ‘ikai ko ha fakakaukau ia ‘a e Kaniva’. Pea ‘i hono li atu e pēteni ko ‘eni ki he keisi ‘a Sika he 2016 ‘oku peheni, na’e ‘ikai ha taha ia mei he Fa’ahi Fakaanga ‘o e ‘aho ko ia’ te ne fokotu’u mai ki he Kaniva’ ha’ane fakakaukau ke mau lipooti ke fakafisi ‘a Sika. ‘Ikai ko ia pe ne ‘ikai ke fokotu’u atu ia ‘e he Kaniva’ ‘i he ta’u ni ke fakafisi ‘a Sita mei hono lakanga’ tu’unga hono tautea’i ia ‘e he fakamaau’anga ki he’ene maumau’i e lao ‘a e fonua’ ‘ikai foaki ‘a e ngaahi laiseni ki he mamata’anga tofua’a’ ki ha ngaahi kautaha.  ‘A ia ‘oku fetamate’aki pe ia. Na’e ‘ikai ha’amau lipooti  ke fakafisi ‘a Sika he’ene maumau lao he 2016 pea ne ‘ikai ha’amau lipooti ke fakafisi ‘a Sita he’ene maumaulao he 2020. Ko e toki lipooti atu pe ‘eni ‘i he’ene keisi tukuaki’i tohinima loi’ pea ‘oku ‘i ai pe makatu’unga lelei ki ai he ‘oku fu’u mamafa faufaua ‘a e tukuaki’i ko ia’.