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Tonga bid farewell to Justice Charles Cato

New Zealander Charles Bentley Cato’s services in Tonga as Supreme Court judge would come to an end this week.

Photo/Kaniva Tonga

An official farewell ceremony is expected to be held in Nuku’alofa tomorrow to say goodbye to Cato.

Cato was appointed to the post since 2012 replacing British judge Robert Shuster whose tenure has ended.

Mr Cato, a former Rhodes scholar, has taught and practiced law in New Zealand and Australia for 30 years.

New research says Pasifika women must speak out on ideals of beauty and not let whiteness be the only standard to follow

Building a good relationship at home helps young Pasifika women establish a balanced view about what counted as beautiful.

Malia Lēsina Kelela Lātū. Photo/Kaniva Tonga News

That is one of the key findings of an MA thesis, Pasifika women, beauty and race, by Tongan scholar Malia Lēsina Kelela Latu, who will graduate from AUT next March.

Latu’s work focusses on Pasifika women’s perceptions of beauty and how the media reinforces white standards rather than reflecting the multi-cultural nature of society.

“Whiteness and western ideology is still privileged,” Latu said.

“In the same way that society privileges whiteness, mainstream media homogenises this notion of beauty.”

This meant the mainstream media promoted the idea that there was one standard of beauty.

For years, the notion of whiteness served as an ideal for women and many women of colour wanted to meet these standards.

Latu said there was concern that Pasifika women were still mostly left out of arguments about standards of beauty, but they needed to speak up.

“There is still lack of diversity when it comes to beauty products and the appreciation of black beauty,” Latu said.

“For years the focus has always been on western beauty and in order for progress to occur, women of colour need to continue being vocal about these issues.”

Women interviewed told Latu they regarded television as having the highest capacity to produce unrealistic beauty standards. As one of them said:

“When I was growing up on TV the main character is always like… white girl, white girl, white girl! You have quirky white girls, white girls with big glasses, big eyebrows, but that is always like the standard and the only coloured women who gets praised are like… you either have to look like Beyonce or Rihanna.

It starts from a very young age and it keeps building up. You start to realise…what does it mean when people are like, “oh you are pretty for an Islander?” or “you are skinny for an Islander?” Like what is that supposed to mean?”

They thought these standards had been held by society for many years.

Although they thought social media also generated negative images of beauty, they thought women had more power to generate beauty standards or ideals because of its accessibility and participatory features.

Latu said it became evident from her research that fostering of good relationships at home helped to balance the negative standards of beauty that are placed on women.

For most participants, the perceived benefit of compliments from family and friends held significant value in helping them feel confident. As one interviewee said:

“My aunty is very important to me because I have always had natural curly hair and I used to straighten it all the time. She would encourage me to be natural. She would say stuff like, ‘your hair is perfect that is who you are, that is your identity so you should keep it natural’ that is why she is so dear to me because she always made me believe that I am beautiful from hair to the colour of my skin.”

Retired police officer survived crash which killed 76yo wife in Tongatapu

UPDATED: The woman who died in a head-on collision in Tongatapu on Sunday has been identified by a family member to Kaniva News.

Sitela Fungavaka, 76, died after a car she was a passenger in and driven by her husband Sitiveni Fungavaka collided with another car on Hala Tahi road at Talafo’ou.

Sitiveni, who was also known by the name ‘Āmone Afu, was a former police officer and also a former ‘Ikale Tahi captain. He was unharmed, his daughter Vāsiti Fungavaka told Kaniva News. 

It is understood the deceased’s children and grandchildren in New Zealand gathered for a prayer vigil for their mother in Auckland this week.

As Kaniva News reported on Monday, police have arrested and charged a 21-year-old man from Vaini with reckless driving causing death.

Police said: “A car heading south driven by the accused with two other passengers were speeding along Hala Tahi at Talafoóu, lost control of the vehicle, swerved and crashed into a car heading north driven by a man from Holonga…”

The two passengers who were with the accused sustained serious injuries and were taken to the hospital.

Driver arrested after 76yo woman killed in Tongatapu crash

A 21-year-old Vainī man was arrested in connection with a crash in Hahake that killed a woman and sent her husband and others to hospital.

Photo taken at the scene in Hahake. Photo/Sitiveni Takai (Facebook)

Police said the 76-year-old woman from Holonga died in hospital yesterday  Sunday 25.

“A car heading south driven by the accused with two other passengers were speeding along Hala Tahi at Talafoóu,” Police said in a Facebook post.

It said the driver “lost control of the vehicle, swerved and crashed into a car heading north driven by a man from Holonga with one passenger, a 76-year-old woman.”

“Police can confirm that the 76-year-old woman passed away at the Vaiola Hospital last night.

The two other passengers with the accused sustained serious injuries.

This is the sixth road fatality for this year, it said.

The accused is remanded in police custody while police investigations continues.

New law could mean the sack for civil servants who use emojis the government doesn’t like

Kaniva News commentary

A new law means that Tongan civil servants could be charged with criticising the government if somebody decides they have used an offensive emoji online.

Civil Servants need to be very careful about using social media

That’s one entirely possible interpretation of a new law which was revealed by Tonga Broadcasting Commission this week.

But while the law sounds absurd, it is no joke, because people could lose their jobs.

It is part of an attempt by the government to limit the right of civil servants to freedom of expression, even, apparently, when they are speaking in a completely private capacity.

This is in complete contrast to New Zealand where civil servants have the same rights to freedom of speech and political activity in their private lives as other New Zealanders.

Attorney General Linda Folaumoetu’i told the TBC civil servants could be punished under the law for defamation in writing or emojis.

The law can be used against civil servants who support a group on social media whose political views go against the government and could cause disorder.

Mrs Folaumoetu’i said civil servants must maintain high standards of behaviour and treat political and civil service colleagues with respect.

“They have to be politically independent.”

All civil servants “must be very cautious” about any information they intended to release on social media to support any political cause, she said in Tongan.

The government will come after its civil servants if they used reaction signals like “thumb up or like” to support any opposing political views (“poupou ki ha ngaahi tui fakapolitikale kehe”,) Folaumoetu’i said during an interview in Tongan with TBC.

No details or any documents about the new law have been released to the media or published on the Attorney General’s Office website.

Public Service Commission CEO Dr Lia Maka said this law controlled all civil servants and those who worked for government on contract basis, she told Television Tonga.

They could not criticise the government through social media and those who have personal accounts on all social media platforms including Facebook, Tumblr, Tweeter, Instagram, Youtube, Whatsapp and Snap Chat had to understand this law.

Punishment could include dismissal.

Dr Maka said the law was discussed with different groups and government CEOs before it was submitted to the Attorney General Office.

“Although everyone has a right to freedom of speech they have to all come under the government’s Code of Ethics,” Dr Maka told the Television.

The civil servants also are not allowed to release any confidential information.

Folaumoetu’i also said the law protects the Royal Family and any attempt to insult them.

Civil servants who used government technology for their social media use as well as using their own technologies while at works could be investigated and punished under this law.

Undemocratic

The Tongan governments actions are in line with attempts  by governments in many undemocratic countries to gag civil servants and prevent them from enjoying the rights of ordinary citizens.

Unfortunately, even some supposedly democratic nations have tried to follow this trend.

Earlier this year an Australian civil servant quit his job as a policy officer after being threatened with the sack if he didn’t delete a blog post on how Covid-19 had benefited big tech companies. The department’s actions appear in conflict with civil servants’ right to make “public comment in an unofficial capacity,” which is set out in the Australian Public Servants’ Code of Conduct.

Life imprisonment, $1 million fine for drug users as Tonga strengthens penalties for drug offences

Tonga’s Parliament has passed tough new illicit drug laws providing for severe penalties.

The new law stipulates a maximum fine of TOP$1 million pa’anga or life imprisonment, or both, for anyone who is arrested with one or more kilograms of meth.

Anyone who was captured with 28 grams of meth could receive life imprisonment.

The brief information about the laws was released on Parliament’s Facebook page last week in Tongan language.

The law allows police to shoot the tyres of the vehicle of a suspected drug dealer.

Some police vehicle have to be fitted with bulletproof armour to better protect officers on dangerous jobs, according to new laws, the Hansard said.

The law also empowers police to use an ordinary citizen as a source of information to find illicit drugs.

Under the law, a Police Officer can enter a home if he got approval from a Police Magistrate. Previously, Police can only get such approval from the Chief Justice.

A father who knows that his son is dealing with drugs can also be charged.

Man faces eight year total sentence for causing death by driving while drinking and speeding

In what Lord Chief Justice Whitten described as a tragic case, the Supreme Court has sentenced a man to five and-a-half years prison for causing death by driving.

The victim, local businessman, Tausinga Taumoefolau . Photo/Facebook

The sentence has been added to his  existing term and he will serve a total of eight years. It has also been backdated to the date of his arrest.

In September 2019 the accused, Lemoto Manu, was convicted by Judge Cato on a count of grievous bodily harm and sentenced to four and a half years imprisonment.

Manu’s victim,  local businessman Tausinga Taumoefolau, was left in a vegetative state which has rendered him dependent on the support and care of his family, likely for the rest of his life.

The court was told Manu had long standing mental problems, but had been  found fit to stand trial.

In that trial Judge Cato ordered that, pursuant to Section 67 of the Mental Health Act, Manu was to be detained at the mental health facility at Vaiola Hospital under the care of Dr Puloka.

Manu was released from hospital in December 2019. Dr Puloka told Lord Chief Justice Whitten that at the end of every year, the psychiatric ward was inundated with more patients than it could hold.

To accommodate the overflow the hospital released some of the inpatients whom the medical staff assessed as representing a low risk. Despite the fact that he was serving a sentence for grievous bodily harm, the inpatients released included Manu.

On the afternoon of December 28 Manu returned to the psychiatric ward and collected three patients without their doctor’s permission. They began driving around while drinking Tongan alcohol brew known as “hopi”.  By 9pm it was raining heavily. The Defendant was driving their vehicle west on Vuna Rd, speeding and swerving across the road.

The passengers could see a small white car parked ahead on the left side of the road. In it the victim was buying tomatoes from a nearby vegetable stall. As he held money out his car window for the seller, Manu’s vehicle swerved over the footpath and collided with the rear of the victim’s vehicle.  The defendant’s vehicle was estimated to have been travelling at between 80 and 100 kph.

The victim’s vehicle was propelled into the concrete fence of the Chinese Embassy.  Manu then drove off.  The victim was then rushed to the hospital but was declared dead on arrival.

He was arrested the next day and admitted to the offending.

Further psychiatric evaluations were requested, including an assessment of whether a defence of insanity had been considered. Dr Puloka stated that it was unlikely that Manu was legally insane at the time of the offence.

Judge Whitten said the deliberate use of a motor vehicle after long bouts of heavy drinking, contained an element of willfulness that was repugnant and showed disregard for the law and for the safety of others.

The offending occurred while the Defendant was serving a sentence for a very serious grievous bodily harm and left the scene without trying to help the victim.

“Having regard to the nature and seriousness of the offences, I do not consider the extent of the additional time to be served for this offence upon the expiration of the current sentence for grievous bodily to be excessive,” Lord Chief Justice Whitten said.

“The overall result is an appropriate response to the Defendant’s recidivism, his disregard of the law and his demonstrated danger to the community and himself. “

He will be kept under Dr Puloka’s supervision.

Supreme Court hands down three sentences for manslaughter after bar fight that left man dead

The Supreme Court has imposed sentences on a group of men involved in what the judge called “a senseless and irrational waste of a life.”

Sione Feimoefiafi, right (Family photo)

The men were convicted on a range of charges following the death of Sione Feimoefiafi.

Mr Justice Cato said the accused and the deceased had been watching the final of an American football match in the Tali’eva Bar in Nuku’alofa on February 4, 2019. The match ended before the fight broke out in the late afternoon.

The fight lasted three minutes as it moved from inside the bar to the road.

“The bar had opened about 12pm and no doubt alcohol played a part in the irrational and brutal acts that followed,” the judge said.

“There was very little evidence as to the background for this offending. Feimoefiafi appeared to have annoyed some of the men earlier, but there was no evidence on his part of any conduct that could be said to have justified any assault by the accused whatever, still less the rampage of violence.

“All the accused acknowledged the violence he suffered at their hands was wrong, and I accept that their acknowledgement of this was genuine and his death was something they will have to live with, in addition to the sentences I have imposed.”

Siafa Nai, Kona’i Bloomfield and Vilaketi Bloomfield were convicted of manslaughter.

Tangi Nai and Sione Bloomfield pleaded guilty to common assault

Siafa Nai was sentenced to 12 and-a-half years backdated to take into account earlier periods of custody. The final two years of his sentence were suspended on condition, among other things, that he not commit any offences punishable by imprisonment during the period and undertake courses on alcohol abuse and anger management.

Kona’i Bloomfield was sentenced to 11 years and 6 months for manslaughter Like Nai, the last two years of his sentence was suspended on conditions.

Vilaketi Bloomfield was sentenced to eight years and nine months with the last two year suspended on conditions that he follow rules laid down by the court.

Tangi Nai was sentenced to 70 hours community work. The judge said Nai had pleaded guilty to the assault, was acquitted on other charges and spent a couple of months in custody on remand before being granted bail.

Sione Bloomfield was sentenced to 80 hours community work for common assault.

“I will step back…we are in disarray because we pick on each other,” Hon. Pohiva tells Democrats in  speech which left followers puzzled

Democratic leader MP Siaosi Pōhiva told guests in Tongatapu he struggled before deciding to work as an independent Member of Parliament.

He warned that the PTOA (Tongan acronym for Democratic Party of the Friendly Islands) was in disarray.

MP Siaosi Pōhiva

He said  if they could not sort out their differences soon there was no way the party would win the election and form the next government.

Hon. Pōhiva made the comments during a speech he made at the launching of a new residential house. He warned Democrats that good judgement toward others must be exercised so that they could all move forward.

Followers left puzzled

Hon. Pohiva told listeners he would only come back and join them if they could unite and work together.

His audience seemed to find his statement ambiguous. Puzzled listeners at the event and online argued about whether Hon. Pohiva had left the PTOA Democratic MPs’ team known as the Core Team. Others said he would no longer support the PTOA Movements.

The new house was built in Hoi under the PTOA Global Movement’s Housing for the Poor Scheme.

Supporters of the PTOA Global Movement who were at the launching event repeatedly applauded Hon. Pohiva during his statements, which was broadcast live on Facebook.

It appears the Global Movement supporters thought Hon. Pohiva was blasting the Core Team and was in support of the Movement.

When Hon. Pohiva was contacted for comment, he replied in just one sentence.

He said: “The people have taken my remarks out of context.”

The celebration last week was also attended by Ha’apai PTOA MP Veivosa Taka. Other PTOA MPs did not attend.

Show approval for Movement

Pōhiva made the startling revelation about a week after the PTOA Core Team released a statement rejecting the PTOA Global Movement’s Housing for the Poor scheme and freebies policy.

In his speech, Hon. Pohiva applauded the Global Movement’s scheme and told guests that without their help they could not see how this family’s housing situation could be resolved.

Hon. Pōhiva’s statements came a week after a PTOA Global leader responded to the Core Team release and said no one had registered the name PTOA and the Movement was free to use the name in its attempt to push for a more democratic reform in Tonga.

The Core Team condemned the Global Movement for using offensive language in its criticisms.

Pohiva’s speech

Online users shared Hon. Pohiva’s Facebook video and said he was quitting the PTOA Core Team. Others said he was quitting the PTOA Movements.

“Siaosi think of the large number of people who followed your father,” Rev. ‘Inoke Masima wrote on the PTOA International Facebook page.

A response from another PTOA activist Sione ‘Eniketi Taufa to Rev Masima said: “Sorry Pastor the MP (Siaosi Pohiva) is moving to join the people. Majority Rule!”

The interpretations were based on a number of statements made by Hon Pohiva.

He appears to have indirectly blasted the Core Team when he said in Tongan that, “they should look beyond the limit of the people and their war of words using offensive language.”

“If our judgement is just based on the war of words using offensive language nothing can be done,” Hon. Pohiva said, to applause from guests in Hoi.

Family attacked

Then he appears to have criticised the Global Movement, He said the group had attacked members of his family.

“But I do not see them that way,” he said in Tongan.

He said he was invited by the man for whom the house was built to have a meal with his family.

He said the man talked about his housing problems.

Then he appears to have applauded the Movement.

“If these people did not sacrifice, where would this man be?”Siaosi said.

“We are happy that people like this did help.

“I do not condone any wrong doing. But that is something for those people to correct if they have done anything wrong.

“It is none of my responsibility to correct people who used offensive language.

“My responsibility is to love and support someone who love others.”

PTOA Disarray

“We are in disarray and the reason for this was because we were picking on each others.

“If we do not unite our endeavour to form the next government will be in vain.

“You continue on with our work. I will step back and work on my own.”

Pope endorses same-sex civil unions in new documentary

Pope Francis has endorsed same-sex civil unions for the first time since taking the papal role.

The approval came midway through a feature-length documentary, titled Francesco, which had its premiere at the Rome Film Festival earlier today.

The film delves into issues Francis cares about most, including the environment, poverty, migration, racial and income inequality, and the people most affected by discrimination.

‘Homosexual people have the right to be in a family. They are children of God,’ Francis said in one of his sit-down interviews for the film.

‘What we have to have is a civil union law; that way they are legally covered.’

Pope Francis (pictured earlier today) has endorsed same-sex civil unions for the first time since taking the papal role

While serving as archbishop of Buenos Aires, Francis endorsed civil unions for gay couples as an alternative to same-sex marriages.

However, he had never come out publicly in favor of civil unions as pope until now.

Director Evgeny Afineevsky had remarkable access to cardinals, the Vatican television archives and the pope himself.

He said he negotiated his way in through persistence, and deliveries of Argentine mate tea and Alfajores cookies that he got to the pope via some well-connected Argentines in Rome.

The premiere comes after the Pope praised a breastfeeding mother as he reverted to going without a coronavirus face mask during the Vatican general audience today.

‘Example of beauty’: Pope Francis praises breastfeeding mother.
The premiere comes after the Pope praised a breastfeeding mother as he reverted to going without a coronavirus face mask during the Vatican general audience today

The premiere comes after the Pope praised a breastfeeding mother as he reverted to going without a coronavirus face mask during the Vatican general audience today

Pope Francis praised Switzerland's Valentina Frey at the start of his Vatican general audience in the the Paul VI hall while she breastfed her daughter Charlotte Katharina

Pope Francis praised Switzerland’s Valentina Frey at the start of his Vatican general audience in the the Paul VI hall while she breastfed her daughter Charlotte Katharina

Francis mentioned Switzerland’s Valentina Frey at the start of the audience in the  Paul VI hall while she breastfed her daughter Charlotte Katharina.

He said the act was an example of ‘tenderness’ and ‘beauty’ before continuing his speech.

The Pope said: ‘Something caught my attention while the readers were reciting the Biblical passages there was the baby over there that was crying.

‘And I was looking at the mother. Who was nursing the baby and comforting her.

The Pope said: I was looking at the mother. Who was nursing the baby and comforting her and I was thinking about how God is like this with us. How he often tries to comfort us and nurse us'

The Pope said: I was looking at the mother. Who was nursing the baby and comforting her and I was thinking about how God is like this with us. How he often tries to comfort us and nurse us’

The Pope reverted to going without a coronavirus face mask while addressing the audience in the Vatican City, Rome, Italy, today

The Pope reverted to going without a coronavirus face mask while addressing the audience in the Vatican City, Rome, Italy, today

‘I was thinking about how God is like this with us. How he often tries to comfort us and nurse us.

‘It is a beautiful image when we see this happening in church and we hear a baby crying and we see a mother’s tenderness.