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Court rules Police, Fisheries raid was illegal; orders gov’t to pay TP$5000 compensation

The Supreme Court has ordered the government to pay TP$5000 compensation after police and fisheries officers raided a business without a warrant.

The raid took place on March 25 this year on a property in Ma’ufanga, known as the Blue Pacific, which operates as a  sales yard for sand and the storage of containers.

The raid was part of a joint operation aimed at combating illegal, unreported and unregulated fishing in Tonga.

Constable Halapua gave evidence that based on reports received and video footage filmed from a drone, he led a team to raid the property.

The nature, reliability and amount of evidence cited by officers involved in the case was called into question during the trial by Lord Chief Justice Whitten.

Halapua testified that on the day of the search he had discussed the matter with Chief Inspector Saimone Fifita and Inspector ‘One’one of the police prosecutions division, who told him he could rely on Section 123 of the Tonga Police act to conduct the search without a warrant.

S.123 says that places, vehicles, vessels and aircraft can be searched without a warrant  if a police officer is satisfied, on reasonable grounds, that a serious offence has been committed, is being committed or is about to be committed and that it would be impracticable, unreasonable or not in the interests of justice if the officer was required to apply for a warrant in order to conduct a search in relation to the offence.

The government officers believed beche de mer (sea cucumbers) were hidden on the premises of Blue Pacific. The Court was hearing a complaint from the company’s manager, De Feng Mo.

Feng said Halapua refused to let him call his lawyer and knocked the phone out of his hand. Other employers also had their phones confiscated and one staff member was stopped from leaving the premises.

During the two hour search no beche de mer were found.

Feng said he was repeatedly asked where he had hidden the sea cucumbers.  Feng said that he did not know what the officer was talking about. He said Halapua told him not to lie.

Halapua said 83 shark fins were found drying and were confiscated. They were later found to belong to Feng’s wife, Katalaine Fehoko.

The judge said that while the government officials had committed trespass, it was the result of “honest, if erroneous, opinion” about whether S.123 applied in this particular situation.

“It did not reflect any outrageous or high-handed manner in the way the officers undertook the operation and reached the decision to search without warrant,” Judge Whitten said.

The judge ordered the government to pay Feng TP$1000 for trespass and TP$1000 in exemplary damages.

The government was also ordered to pay TP$2000 in compensation for unlawful detention and assault and TP$1000 in exemplary damages.

The government has also been ordered to pay Feng’s costs and to return the shark fins.

Air Vanuatu names Tongan-born ‘Atu Fīnau as new CEO

Air Vanuatu has appointed New Zealand-Tongan resident ‘Atu Finau as its new chief executive officer.

Fly Niu owner ‘Atu Finau at the Auckland International Airport. Photo/Kalino Lātū

“In appointing you to this position the board has confidence in your professionalism and ability that you will successfully perform the role and responsibilities to the best of your knowledge and to working together carry out the vision of the current board as mandated by the Shareholders in the best interest of Air Vanuatu,” Sam Fin, the Chairman of the Air Vanuatu Board said in an acceptance letter to Finau seen by Kaniva News.

Finau, 56, has experience of more than 25 years as a licensed engineer and knowledge of all aircrafts in Air Vanuatu’s fleet including the ATR 72-500 and extensive experience in Boeing 737-800 aircraft.

He was expected to start in the new role this week after flying this morning from Auckland in a repatriation flight to Port Vila.

“I am incredibly proud to be given the job of nurturing and building on the legacy of an iconic company in the Pacific islands,” Finau said.

He said Air Vanuatu was deservedly recognised as one of the Pacific islands’ great airlines and that he looks forward to working alongside its people to take it to the next level especially while international airlines were expected to start flying early next year.

The appointment was effective 26 October 2020 about six years after Finau left the airline in 2014 as general manager.

He then returned to Tonga in an attempt to revive his Fly Niu airlines which was forced out of the kingdom about 16 years ago but it was unsuccessful after repeated meetings with Tongan authorities.

Finau said he was excited about his new appointment as he saw this as an opportunity to create a Tonga destination link with the Air Vanuatu.

New Zealand gives ‘temporary approval’ for import of Tonga watermelons, source says

New Zealand has lifted the suspension on Tonga watermelons imports with special requirements, a source has told Kaniva News this morning.

The ban imposed more than two months ago stopped the export of melons after live fruit fly larvae were detected at the New Zealand border on a consignment of watermelons from the kingdom.

Watermelons sold in Tonga after the ban. Photo/Supplied

It is understood a special event is expected to be held in Nuku’alofa this morning to issue the temporary approval permit by the New Zealand authority in Tonga.

Our source said it is a satisfying outcome given the importance of trade for both countries and how New Zealand favourably considered the Tongan farmers’ situation.

The news came after plans to send New Zealand watermelons from Tonga last week were postponed, sparking claims the information released about the arrangement was just made up to arouse growers’ hopes.

As Kaniva News reported yesterday, Tonga’s Trade Minister Samiu Vaipulu said there were things that still needed to be completed in the process after a plan to temporarily unblock the export last week.

Growers who exported their melons through the government had been paid 50 percent of their price and the government was looking at paying for the melons which were destroyed in New Zealand.

“We have made an agreement with the growers,” Hon. Vaipulu said, but did not give any details of the agreement.

He said the shipment containing the infected melons was from a private company and it affected Tonga’s permit to send any more melons to New Zealand.

“Work was underway to establish a more organised system because it was a private shipment which was infected,” Hon. Vaipulu said in Tongan.

Black smoke billows from Vava‘u house fire

Plumes of black smoke and flames can be seen in a video reportedly coming from a house in Tu’anekivale this afternoon.

House fire in Tu’anekivale. Photo/Screenshot

Holeva Town Officer Uele Moala who was recording the incident live on Facebook was overheard as saying the house belonged to the Tu’anekivale town officer.

He later told Kaniva News the fire destroyed the house and all its content.

He said firefighters arrived but they were too late to help control the blaze.

The cause of the fire was still unknown.

Locals are commenting on social media that it’s about time to ask the government to establish a fire station in the area.

It’s not yet known if there are injuries or the extent of damage.

Moderna to ask FDA for emergency clearance of COVID-19 vaccine

(By New York Posts) Moderna said it will ask the feds to clear its experimental coronavirus vaccine for emergency use on Monday, adding to hopes that two inoculations could be available by the end of the year.

A shot that is part of a possible COVID-19 vaccine, developed by the National Institutes of Health and Moderna is preppedAP

The biotech firm will be the second drugmaker to seek a so-called emergency use authorization for a COVID-19 vaccine from the US Food and Drug Administration after Pfizer and BioNTech submitted their request earlier this month.

Moderna announced the move Monday as it revealed new data showing the vaccine was 94.1 percent effective in its late-stage clinical trial — similar to Pfizer’s efficacy rate of 95 percent — and posed no serious safety concerns. The FDA’s vaccine advisory committee is expected to review data from the Phase 3 study at a Dec. 17 meeting, Moderna said.

“We believe that our vaccine will provide a new and powerful tool that may change the course of this pandemic and help prevent severe disease, hospitalizations and death,” Moderna CEO Stéphane Bancel said in a statement.

Moderna’s submission will come as US officials and drug companies prepare to distribute coronavirus vaccines to vulnerable people around the country as soon as they’re approved.

The Massachusetts-based company said it will have about 20 million doses of its vaccine available in the US by the end of the year, while Manhattan-based Pfizer expects to have produced up to 50 million doses of its shot globally. That would be enough to inoculate about 35 million people in all because the vaccines are each administered in two doses.

The FDA did not immediately respond to a request for comment Monday.

Fresh export claims come to nothing as Minister says growers, gov’t need to work together

Plans to send New Zealand watermelons from Tonga last week were postponed, sparking claims the information released about the arrangement was just made up to arouse growers’ hopes.

Trade Minister Hon Sāmiu Vaipulu

A reliable source claimed the information, which was released by the Tonga Broadcasting Commission, was made up by authorities to deflect the growers’ demand for government and private company compensation.

As Kaniva News reported earlier, some growers borrowed thousands of pa’anga to grow watermelons. It is understood Tongan farmers planted a large number of acres of  watermelons for export to New Zealand.

Exports to New Zealand were blocked after fruit flies were found on the melons.

Watermelons have flooded small local markets in Tonga. Photos seen by Kaniva News showed watermelons stacked up at tax allotments and residential properties. Watermelons were also seen being used to feed pigs.

Kaniva News followed up the news with New Zealand’s Ministry of Primary Industry two weeks ago.

We asked the MPI whether or not it was true there was a plan in place to lift the ban soon.

“The suspension remains in place and we are working closely with the Tongan Ministry of Agriculture on the fruit fly issue,” the Ministry said.

“That work is currently being done virtually due to COVID related travel restrictions.

“The length of the suspension will depend on how quickly Tongan authorities can investigate the situation and put measures in place to assure New Zealand that their treatment processes are working. That said, the work is progressing well.”

A source claimed the Ministry of Quarantine was disorganised and lacked people with the right skills to do the jobs.

The source also claimed it appeared attempts to unblock exporting of watermelons to New Zealand was not a priority for the government.

The source said attempts to convince New Zealand authorities that Tonga would only send watermelons that were safe from any infection appeared to be taking longer than expected.

Kaniva News asked Trade Minister Sāmiu Vaipulu to comment on the matters and explain why last week’s plan to resume exports was postponed.

He said there were things that still needed to be completed in the process.

Growers who exported their melons through the government had been paid 50 percent of their price and the government was looking at paying for the melons which were destroyed in New Zealand.

“We have made an agreement with the growers,” Hon. Vaipulu said, but did not give any details of the agreement.

He said the shipment containing the infected melons was from a private company and it affected  Tonga’s permit to send any more melons to New Zealand.

“Work was underway to establish a more organised system because it was a private shipment which was infected,” Hon. Vaipulu said in Tongan.

“So there was need for the government and the growers to work together on this.”

Pastor says gov’t should stop travelling and hold prayer, fasting meetings online to save  money

The government should stop travelling to the outer islands and do its prayer and fasting meetings via the internet, a Tongan pastor said this weekend.

Pastor Sioeli Kalekale (R), PM Pohiva Tu’i’onetoa

Pastor Sioeli Kalekale, an Upper Room Church minister in Christchurch said going online would save hundreds of thousands of pa’anga.

Rev. Kalekale’s comments join a barrage of criticism that has been made against the government’s tours of the outer islands, with critics saying they are simply a way for ministers to collect gifts.

Photographs taken on Nomuka island at celebrations to launch construction of a new wharf show fish, mats and other gifts lined up in front of the official stand.

“I do not believe in what they do,” Pastor Kalekale said.

“If they regarded it as the way to show their love for the nation they should pay for their fares because they have huge amounts of salary.

“To say this is true prayer and fasting it is untrue.

“That money should have been saved to buy tar to build the roads. Stop obliging the people to buy tar and stop traveling to the outer islands.

“That is how I see Christ’s soul in this.”

The administrator of the Ministry of Infrastructure Facebook page described the hā’unga presentation on its Facebook page as “beautiful” and said the people of Nomuka “welcomed the tour courteously.”

He made a call earlier for the government to use the money to help growers whose watermelons were blocked from entering New Zealand.

He also criticised the government’s collecting handicrafts from poor people and called on them to “stop lying to people as they are pitiable.”

Rev. Kalekale told Kaniva News he was not interested in politics. He said his role was to provide spiritual and leadership advice.

The administrator of the Ministry of Infrastructure Facebook page described the hā’unga presentation on its Facebook page as “beautiful” and said the people of Nomuka “welcomed the tour courteously.”

It said the tour was made because of an immense (“kāfakafa”) project.

In response to earlier criticism of the tours by veteran journalist Kalafi Moala, the Prime Minister  said it was important for him to meet the people personally.

He said it was an occasion in which family and friends who had not seen each other for a long time met.

“That’s what keeps our love each other, our culture, our unity and working together to build the nation,” he said.

“That’s our Tongan philosophical ground upon which Faa’i Kaveikoula (Tonga’s Pillars) of respect, loyalty, keeping the relationships well and humility stand.”

Fasting tour scandal: PM is more dangerous than virus claims Moala; Tu’i’onetoa describes critics as wife beaters

Tongan Prime Minister Pōhiva Tu’i’onetoa is more dangerous than Covid-19, veteran publisher Kalafi Moala has claimed.

He went on to say the Prime Minister’s state of mind showed he was self-important.

Veteran Publisher Kalafi Moala; MP Māteni Tapueluelu; PM Pōhiva Tu’i’onetoa

Moala’s comments are part of the  storm of comment and accusations that have flown back and forth since he attacked the Government’s prayer and fasting tours as a waste of time and money.

It has also been reported that Hon. Tu’i’onetoa believes Tonga has been kept free from the global pandemic because of fasting.

The Prime Minister appears to have been particularly incensed by claims that the tours have cost TP$100,000 each and questions about whether wives who accompanied Cabinet members on tour were paid travel allowances.

In a startling accusation, the Prime Minister has labelled critics and opponents of his government as wife beaters.

Without naming anybody, he said some of his critics had beaten their wives until they suffered a miscarriage.

He claimed that one in four women were abused and that number doubled after the lockdown restrictions.

“It appears that your accusations reflect the fact you agreed to support abuse and violence against mothers and women by violating them,” Hon. Tu’i’onetoa said in Tongan.

“No wonder why these critics are doing this because most either had marriage break-ups or were wife beaters.

“I appeal to you leaders of the country and those of you who regarded themselves as leaders and people trusted you to take your wives with you during the government tour. Stop looking down at them.

“Stop beating your wives otherwise they will miscarry their baby and you will be sued and you might end up being imprisoned.”

Ministers’ wives pay

He said the pay per diem for a Minister’s wife if they went on tour was TP $95.

“You cannot buy peanuts with that money,” he said.

“It can only be used to reward dancers during ceremonies to celebrate construction of new wharves or building of new women’s weaving houses. If we offered to do a dance during that ceremony it’s my own money and handicrafts I used to pay for the expenses.”

However, the Prime Minister has not denied the basic thrust of the allegations about the tour.

Instead he downplayed the accusations, which were first raised by Opposition MP and former Minister of Police Mateni Tapueluelu.

The Minister of Finance was not allowed by the Prime Minister to answer queries in Parliament about the traveling allowance allegations.

The Minister of MEIDECC said he travelled with his wife and she was not paid.

The House was told the Acting Minister of Law, who is also the Minister of Labour and Economic Development, Samiu Vaipulu, would answer MP’s queries regarding the accusation.

Kaniva News has asked Hon. Vaipulu whether the leaked information was true or not. He did not deny it. Instead he said he had no wife therefore he did not know who made the payments.

In Tongan he said: “‘Oku ikai haku hoa keu ilo pe ko hai naane totongi.”

Personal attacks

The Prime Minister also  launched a series of personal attacks on Moala.

Moala denied personally attacking the Prime Minister in a way that might lead him to respond so personally.

Moala described the Prime Minister’s attacks as disparaging and pointless.

He said the Prime Minister did not like to be criticised and this was why he made personal attacks.

He alleged Tu’i’onetoa relied heavily on ousted Cabinet Minister ‘Etuate Lavulavu on ideas of how to run the government.

Moala also warned the Prime Minister that his attack on journalists would not deter them from working to expose government misdeeds and raising questions about issues like Lulutai airlines.

The main points

  • Tongan Prime Minister Pohiva Tu’i’onetoa is more dangerous than Covid-19, veteran publisher Kalafi Moala has claimed.
  • In a startling accusation, the Prime Minister has labelled critics and opponents of his government as wife beaters.

Don’t resist the government and churches warns PM as critics say fasting and prayer tours are just an excuse to collect free gifts

Tongan Prime Minister Pohiva Tu’i’onetoa has warned critics of his government’s prayer and fasting tours not to resist “religion and the government.”

PM Pōhiva Tu’i’onetoa. Photo/Kalino Lātū

The Prime Minister and Cabinet have travelled around the kingdom promoting fasting , but opponents of the government say the real purpose of this initiative is to allow the Cabinet and government staff to receive travelling allowances and collect gifts such as yams, fish and valuable Tongan handicrafts such as fine mats and ngatu from the people in the outer islands.

This is normal practice in welcoming ceremonies of any tour by the government from main island Tongatapu.

The government has been attacked online, with many deeming it hypocritical and pharisaical and claiming the tours were a cover for other activity. The tours have also been criticised as really being a political campaign by the government’s People’s Party because of next year’s general election.

“This government is lucky they collected money and handicrafts,” one critic said.

Another said this was the only Tongan government to have amassed such a large collection of cultural items.

Hon. Tu’i’onetoa believes Tonga has no cases of Covid-19 because of the fasting.

The Government’s fasting and prayer tours have not come without a price.

The visit to ‘Eua, which ran from October 10 -11 is estimated to have cost TP$100,000. Tongatapu no. 1 MP Siaosi Pohiva said the visit to ‘Eua was a “waste of money”.

It is understood that about TP$100,000 was also spent on a tour to Ha’apai on November 14-15.

Parliament had to close while Cabinet toured the outer islands.

Other tours are scheduled for Vava’u, Tongatapu and the Niuas over the next three months. Cabinet will be in Vava‘u for fasting and praying on December 5-6.

In the New Year there will be fasting and praying in Tongatapu from January 18-19 and in the Niuas from February 8-9.

The Prime Minister justified his fasting policy in Parliament. Speaking in Tongan he said:

“There are many people on Facebook who have made fun of the government’s national fasting and prayer initiative. One of the things the government used to protect us from Covid-19, was to pray and fast every month.

“Some people took it lightly and some regarded it as fake prayer. Some people of the nation said it was mischievous and made comments which were discouraging and bad.

“These will cause people to be more disobedient against government’s decisions and I am asking you please do not do that as it did not contribute any good to our preparedness to fight against this global disaster and the way we do to protect Covid-19 from entering Tonga.

“Please do not resist religion and the government together with the churches here in Tonga in our fasting policy as I believe that is not prudent.”

The government organised a national fast and day of prayer backed by the Wesleyan and Catholic churches in April.

Fasting

There appears to be no agreement on what effect fasting has on the immune system. Recent studies have shown contradictory results depending on what type of fast is used and for how long.

Studies have been based on experiments on animals, including mice, with one Sydney-based researcher saying there wasn’t “any scientific evidence to justify” one type of fasting over another and that in any case it was hard to apply the results of animal tests to humans.

Studies at Yale University have shown that fasting induces different responses to bacterial and viral infections, while work in the UK has argued that results are dependent on what type of fast is used.

In Muslim countries, where the faithful are expected to fast between sunrise and sunset during the months of Ramadan, illness has long been accepted a reason not to fast.

Members of Tokaikolo break away group attended memorial services for Rev. Saulala and paid tribute to him, says son

Former members of the Tokaikolo Church who split from the body and set up their own congregation, attended memorial services for the late Rev. Dr Liufau Vailea Saulala, Kaniva News has learned.

Dr Saulala, who founded the Tokaikolo church, was a controversial figure whose teachings and behaviour have been blamed for several groups leaving his congregation.

However his son Sangstar, a former MP and Cabinet Minister, said his father was “a silent person” who tolerated any criticism against him.

He said after his death members of the Mo’ui Fo’ou ‘Ia Kalaisi Fellowship, which split from the Tokaikolo Church over Liufau’s leadership, paid tribute to him.

Some of them attended the funeral sermons and prayer services at the church’s Lavengamalie college and shared their memories and stories about Liufau.

“These people were tearful and remembered how Liufau helped them and their living,” Sangstar said.

He said other churches and schools had asked for a time for them to perform prayer services.

Sangstar said his father’s body would be buried in Auckland this week. It was hoped the church’s  General Secretary could come from Australia for the funeral.

Rev. Saulala left Tonga just before the border closed due to the Covid-19 pandemic in March this year. He died in Middlemore Hospital.

Rev. Saulala died just  before Lavengamalie college was to celebrate its 40th anniversary. The school was founded on February 6, 1980.

Sangstar said former students of Lavengamalie in New Zealand would celebrate the school’s anniversary this Sunday, December 29.

Former students in Tonga will celebrate it on February 6 next year.

Christ’s University, which Rev. Saulala founded in 2004, has issued a tribute mourning his death.

The university was accredited by the Tonga National Qualification Accreditation Board in 2018.

Rev. Saulala is survived by five sons and one daughter and several adopted children.  His wife, Falamoni Naitoko Saulala, died last year.