The Supreme Court has
ordered the police to return money seized from a local businessman.
The money was taken by
police after a raid on Johnny Felipe Jnr’s property following an accusation of
bribery.
During the raid the
police confiscated TP$10,912 on Felipe‘s person, TP$125, US$96.25 in a drawer ,
TP$31,178, Aus$1385 and NZ$15.40 in a safe and TP$2000 allegedly given as inducement
to steal methamphetamine from the police exhibit room.
Following the seizure,
the money was kept by the police.
During an earlier hearing in the Supreme Court, former Lord Chief Justice Paulsen ruled that the money could be held by police for three months .
However, Acting Chief
Justice Cato has now overturned that ruling.
He said Mr Justice Paulsen had not been aware of evidence regarding the conduct of Felipe‘s business.
He said police had not
seized the money with proper cause and did not have enough evidence to justify
their suspicions that Felipe had been engaged in money laundering.
He said Felipe had
shown evidence that the money was the result of legitimate business practices,
including the rental of storage space and cash transactions which were favoured
by many Chinese business people.
There was also
evidence that the foreign currency came from overseas travel.
He said the police had
no reason to retain the money on the grounds that it was related to drug dealing.
Acting Chief Justice
Cato therefore ordered that Mr Justice Paulsen’s order be rescinded and the
money be released to Felipe.
The main
points
The
Supreme Court has ordered the police to return money seized from a local
businessman.
The money
was taken by police after a raid on Johnny Felipe Jnr’s property following an
accusation of bribery.
The Supreme Court has dismissed all charges against a man charged with
one count of common assault, three
counts of assault with intent to commit sodomy and three counts of sodomy.
The court also found that Saimone Vaka had been beaten while in custody
and had made a false confession in order to escape further assault by prison
officers.
Vaka had pleaded not guilty to all the charges and elected to be tried
by judge without a jury. He chose to represent himself.
In his summing up of the trial, Judge Niu said Vaka had shown he was
well able to defend himself and that he was well prepared with questions to ask
and evidence to give and his written submissions showed careful consideration
of the relevant matters.
The Crown called three witnesses:: They were the complainant, Lisiate
Lakalaka, the Chief Prison Officer, Ponafasio Vake, and prison officer,Tevita
‘Ilaiii.
Lisiate Lakalaka, 19, from Lapaha, testified that in March 2018 he was
in prison. He claimed that Vaka, who was also a prisoner, sexually assaulted
him and threatened to kill him if he complained.
Lakalaka said that after further sexual assaults he ran away from
poison, intending to report what had happened to a relative in the police
force. However, while he was on the bus he was recognised and arrested. He was
then returned to prison and beaten until he said he had been sexually assaulted
by the accused.
Vaka said he had been brought out and accused. He denied the complaint
and said Lakalaka was lying.
Chief Prison Officer Ponafasio Vake, Tevita ‘Ilaiii, Sergeant Vake,
Tau’ataina and Lakalaka were present.
He said he was told to strip and beaten on the buttocks with three siale
mohemohe branches, each piece was about one and a half inches thick and about
two and a half feet long. He said that each piece was used until it broke and
the last piece was used up to 20 strokes.
He said he was punched and knocked to the ground and feared that he
might die.
Judge Niu noted that there were discrepancies in Lakalaka’s testimony
with regard to the number of assaults and the dates on which they occurred.
Despite claims of being restrained by Vaka, he had not suffered any injury.
Vaka cross-examined Lakalaka on a number of issues where he gave contradictory
evidence, including his behaviour during his escape from prison.
Lakala admitted that he had lied and that Vaka had been arrested and brought
to trial on a his false statement. The complainant said that he made up all
that he had stated in the statement. He said Vaka had not threatened him at all.
Lakalaka said he did not know why he had lied to the prison authorities.
During the trial prison officers denied that any beatings had taken
place.
Judge Niu said Lakalaka had given contradictory evidence, had lied and
had said things in court that went against testimony he gave to the
authorities.
“I found the evidence of the complainant suspect and difficult to accept
from the beginning.” Judge Niu said.
“I accept his evidence that he was beaten by the prison officers to tell
them why he had run off.
“To save his own skin, he lied to the officers. His beating then stopped
and his escape from custody was accepted to be justified and he was not charged
with escaping. He was released shortly afterwards.
“The accused was brought out and accused and beaten to confess to acts
which never happened.
“I have accordingly found that the Crown has failed to prove all the
charges and I dismiss them all.”
The main points
The Supreme Court has dismissed all charges against a
man charged with one count of common assault,
three counts of assault with intent to commit sodomy and three counts of
sodomy.
The court also found that Saimone Vaka had been beaten
while in custody and had made a false confession in order to escape further
assault by prison officers.
Prime Minister ‘Akilisi Pōhiva has defended his government’s handling of the rebuilding of schools destroyed by Cyclone Gita in February 2018.
There
have been complaints about the condition of temporary classrooms which have
been held in tents.
There was also a complaint
about the health conditions of school children taught in these temporary
classrooms.
Hon. Pōhiva said the
government had to follow the funding agencies’ requirement about how their
money should be used. He described the condition as “very strict.”
“The money for
the construction of schools and homes that were totally destroyed actually come
from multi-lateral funding agencies and each of those agencies have very strict
guidelines for disbursement and rigorous procurement procedures with which we
must comply,” Hon. Pōhiva said in a news release this afternoon.
Works begin
The Minister of MEIDECC told parliament in June the reconstruction project would begin this month and was expected to be completed by August 2020.
The minister told parliament the government had received the money but it “has to obey” what the funding agencies wanted, according to parliament’s minute number 9A of June.
Hon. Tei said the government
attempted to escalate the process, but the agencies wanted to make sure
everything was “pau” (guaranteed).
Destroyed schools grouped
He said the affected schools had
been divided into three groups.
The first group included Vaini, Navutoka and Fasimoeafi primary schools. The second group included five schools and the last group included seven primary and high schools. He did not specify which schools were involved in these groups.
Hon. Tei said the building of
group one would begin this month and was expected to be completed in December.
Work on the second group would
begin in October this year and was expected to be completed in April next year.
Reconstruction of the third group was expected to start in November this year until August 2020.
Hon. Tei did not reveal the details of what had delayed the process, but implied that these included discussions of whether the construction companies should be recruited from overseas or from within Tonga.
Frustration
The Prime Minister said he acknowledged that there had been major delays in the construction of homes and schools that had been totally destroyed.
“There is no way we can bypass those stringent and time-consuming regulations and procedures,” the Prime Minister said.
“I am as frustrated as the home-owners and owners of the schools are in the delays in construction. All I can do is plead for their patience!”
Complaint
According to a report in Kakalu ‘O Tonga newspaper last week, a teacher at a school where
classes are still held in tents was concerned at the lack of ventilation.
The teacher reportedly said the
children had been sick over the past 12 months.
The story was also carried by
Radio New Zealand international.
Donations
As Kaniva
news reported last year, the National Emergency Management Office (NEMO)
said all of the $TP52.6 million donated to Tonga by overseas donors would be
spent on the recovery process.
NEMO said TP$23.6 million in cash had been
deposited in the government’s cyclone Gita’s bank account, with TP$2 million
deposited into its normal account.
Cabinet had allocated TP$21.4 for the Cyclone
sub-committee to help the recovery process.
It said the money would be spent on specific
areas including shelter, education, food and security, and communication. The
smallest allocation, TP$200,000, would go to communications, with the largest
outlay, TP$7.7 million, going to essential services, including electricity
maintenance.
In its latest report on the state of Tonga
after Cyclone Gita, NEMO said 819 households had been destroyed and 3889
households damaged.
The main points
Prime Minister ‘Akilisi Pōhiva has defended its
handling of the rebuilding of schools destroyed by Cyclone Gita in February
2018.
There have been complaints about the condition of
temporary classrooms which have been held in tents.
For more information
Donor
money allocated to cyclone recovery, but rebuilding yet to be budgeted
Convicted
drug smuggler Schapelle Corby has been linked to a man charged over the largest
seizure of drugs in Queensland.
Corby,
who has a Tongan connection, has been identified as the half-sister of Viliami Taani
Paea Kisina, 26, who has been accused
over a multi million dollar drug bust.
Kisina
was one of six people arrested on Monday during raids across South East Queensland
and northern New South Wales.
He
was charged with possession and supply of dangerous drugs.
Police
found 766kg of MDMA at two properties south of Brisbane.
The
drugs are worth Aus$90 million
Three
men and a woman have been charged – while an arrest warrant has been issued for
a New South Wales man.
There
is no suggestion Schapelle or any of her relatives have any involvement.
Tongan conection
Kaniva News reported on Corby’s
Tongan connection in 2014.
Corby’s
mother Rosemarie married for the third time to Tongan-born James Kisina and
they produced James Sioeli Kisina, 27,
and Melenae Kisina 24.
The
children are half-siblings to Viliami, whose mother is Seniolita Kisina, and
Rosleigh’s four other children, including Schapelle.
Schapelle
Corby was convicted of smuggling 4.2kg of cannabis into Bali in Indonesia in
May 2005.
She
was sentenced to 20 years in prison by the Denpasar District Court and
imprisoned in Kerobokan Prison.
She
was released after serving nine years.
The
main points
Convicted drug smuggler Schapelle Corby has been linked to a
man charged over the largest seizure of drugs in Queensland.
Corby, who has a Tongan connection, has been identified as
the half-sister of Viliami Taani Paea Kisina, 26, who has been accused over a multi million
dollar drug bust.
The 21-year-old Tongamama’o man who drowned in lake Vailahi was buried on Tuesday after his funeral service.
Mourners flocked to the beach where his body was found before
his burial services.
Safinata
Filiai was reported missing on Sunday, August 18 after he went out swimming.
Police reportedly said an extensive search effort to find him continued on Monday, with search and rescue conducting multiple shoreline searches throughout the day.
The
family reported on Facebook the deceased’s body was found after it appeared on
the sea surface.
His family and friends took to Facebook to share their grief at losing their son:
“My heart is so broken with grief. I don’t have the words to say,”
a family member wrote in Tongan.
Another wrote: “He was a good child who never had any problems
with anyone in this town, everybody loved him.”
The
New Zealand Immigration and Protection Tribunal has refused a Tongan woman an
appeal of humanitarian grounds, but ordered that she be granted a work visa for
three months.
In
its report on the appeal, the Tribunal was extremely critical of the way
Immigration New Zealand had handled certain aspects of the case.
The
woman had lodged work and residence applications based on her partnership with
a New Zealand citizen, but because of delays in processing both applications
her interim visa had expired.
The
woman first entered New Zealand in 1997 and stayed unlawfully for seven years
before she was deported in December 2005.
In
September 2009, following the death of her mother, Immigration New Zealand
exercised its discretion to allow the appellant to re-enter New Zealand for a
short visit. Since 2010, she has made frequent visits to New Zealand, usually
staying between two and four weeks.
During
one such visit in late 2013 she met her current partner, a 59-year-old New
Zealand citizen of Maori descent.
In
September 2014, the appellant graduated from the University of the South
Pacific with a Bachelor of Commerce. She re-entered New Zealand in December
2014 and in May 2015, she was granted a one-year partnership work visa. This
was renewed for a further year in May 2016.
In
July 2017, she was granted a further work visa to give her time to lodge a
residence application under the Family (Partnership) category.
In
May 2018, Immigration New Zealand wrote to her saying her partner did not meet
character requirements for supporting partners because of past convictions for
domestic violence.
The
Tribunal said it was wrongly stated that the partner’s four historic
convictions for common assault and one conviction for a domestic assault meant
he needed a character waiver. The date of the most recent conviction was also
wrongly recorded as 2013 rather than 2003.
The
partner responded on 24 May 2018 stating that he disputed the 2013 conviction
and was applying to the Justice Department for documentation to confirm this.
He also stated that only one of the assaults had been of a domestic nature.
The
woman and her partner went to considerable lengths to correct the information
held by Immigration New Zealand, but the department continued to question his
convictions, his relationship with his former wife.
In
February this year, Immigration New Zealand advised the appellant that her
interim visa had expired, that she was now unlawfully in New Zealand (and that
processing of her residence application had been suspended.
In
May the woman’s application for a work
visa was declined. Immigration New Zealand said it was not satisfied that the
appellant’s relationship was genuine and stable or entered into on the basis of
being maintained on a long-term and exclusive basis.
The
Tribunal also noted the partner’s pending trial on charges of theft by a person
in a special relationship and the appellant’s desire to be present to support
him at this time.
The
Tribunal said that if the appellant had to return to Tonga she would be
separated from her partner.
“Given
the current challenges for the relationship, including a possible period of
separation should the partner receive a sentence of imprisonment, the Tribunal
does not consider that separation would in itself be harmful to the
relationship,” the Tribunal said.
“Once
the appellant was no longer unlawfully in New Zealand, assessment of her
residence application could resume. Should she intend to maintain the
partnership and her application be successful she would be able to return and
be reunited with her partner.”
“Although
the appeal is declined, the Tribunal orders that the appellant be granted a work
visa for three months
“This
will enable her stay in New Zealand while her partner’s sentencing and to
decide whether she will pursue her outstanding residence application.”
The
main points
The New Zealand Immigration and Protection Tribunal has
refused a Tongan woman an appeal of humanitarian grounds, but ordered that she
be granted a work visa for three months.
In its report on the appeal, the Tribunal was extremely
critical of the way Immigration New Zealand had handled certain aspects of the
case.
The last two people charged in relation to the country’s biggest methamphetamine haul have been sentenced to lengthy prison terms.
Stevie Norua Cullen and Selaima Fakaosilea appeared in the High Court at Whangārei this morning before Justice Gordon.
Cullen has been sentenced to 27 years in prison with a minimum period of imprisonment of nine years.
Fakaosilea has been sentenced to 12 years and six months to be served cumulatively on the 14 years and six months sentence she was given last year for further drug dealing following the Northland bust.
She was given a minimum period of imprisonment of seven years.
Lawyers for both said the pair’s involvement in the operation had been relatively menial, providing logistical support for the main players.
But Justice Gordon said Cullen had been a trusted lieutenant who organised boats, cars and motels for the group.
Justice Gordon also told Cullen the law demanded an emphatic response to the unprecedented scale of the crime.
“More particularly, this jurisdiction must not be viewed as soft by those who may otherwise bring large amounts of controlled drugs here, especially a drug as pernicious as methamphetamine.”
And Fakaosilea was no naive pawn as she claimed, but had played an important role handling cash and communications, Justice Fakaosilea said.
The pair were tried and convicted in June on serious drug charges for their roles in the haul. A total of eight people were charged.
Six other people are already in prison after admitting their roles in the operation.
It was the country’s biggest known methamphetamine operation, with more than 500kg found on board a boat that washed up on 90 Mile Beach in Northland in June 2016.
The methamphetamine haul, discovered in a campervan hidden in sandhills, was estimated to be worth almost half a billion dollars.
Northland police are welcoming the heavy prison sentences handed down today.
Detective Senior Sergeant Lloyd Schmid said the arrests, convictions and sentences were a great outcome.
He paid tribute to the community in the Kaitaia area, who were suspicious of the group’s activity and tipped off police.
UPDATED: Tonga Parliament has removed a new login panel it has installed on its website which has blocked new users and it appeared there was no way to register new accounts.
The incident has concerned Tongans overseas who rely for information about Parliament on the site.
Kaniva has reported the incident on Tuesday night before it was removed the following day.
The times of
Parliament’s sessions are normally aired on Tonga Broadcasting Commission radio,
but are not stored online.
As we reported, once users open the site www.parliament.gov.to it asks to “Please login” with two blocks below it which required users’ username and password.
The new
internet panel is meant for users who have already registered an account on the
site.
However,
there is no way for a user to register an account so they can login.
Further down
the page are links for storing the username and password of the registered
users under the tag ‘Remember me.’ Another link is to help those who have forgotten
their password and the other for users to click so they can log in.
Kaniva news attempted a number of times to log
in, but failed completely.
Parliamentary
authorities could not be reached for comments.
The website
holds important documents and sources of information for the public including
Parliamentary meeting minutes and press releases.
Kaniva news became aware of the issue this
evening after it received a number of complaints from Tongans in New Zealand.
Some were
concerned at the move, asking why Parliament wanted to control access to public
information.
They said
the website of the Parliament of New Zealand did not require a login.
The
main points
A new login panel installed on Tonga
Parliament’s website has blocked new users and it appears there is no way to
register new accounts.
The incident has concerned Tongan
overseas who rely for information about Parliament on the site.