Stadium doubts for Wales-Tonga rugby test 2017 [1]
Wednesday, February 17, 2016 - 09:40. Updated on Thursday, March 10, 2016 - 11:53.
From the House
By Pesi Fonua
An international rugby test match between Tonga's ‘Ikale Tahi and Wales at Teufaiva Stadium in early 2017 is now in doubt. There is uncertainty over whether the upgrading of the stadium will be completed in time, the Prime Minister Hon. ‘Akilisi Pohiva told the Tongan parliament yesterday, 15 February.
Initially, the upgrading of Teufaiva Stadium was the responsibility of the 2019 Pacific Games Organizing Committee, but a recent shift in the responsibility for the development of facilities for the Pacific Games has seen the Prime Minister and government directly involved, and the upgrading of Teufaiva Stadium is now their responsibility.
Lord Nuku asked the PM in parliament to clarify the situation because the Tonga Rugby Union, was very concerned over whether or not Tonga will be able to host the test match at Teufaiva Stadium. The Tonga Rugby Union had made a commitment for the test match between the ‘Ikale Tahi and Wales scheduled to be played at Teufaiva early next year.
The PM was also doubtful if the test match would go ahead as scheduled, but he told the House that he was going to confirm the situation and let them know the following day [Tuesday 16 February]. However, the House did not sit yesterday - no reason was given but presumably because it was raining heavily and the weather was unsettled.
Unfinished work
Monday 15 February 2016 was a 'Start, Stop, Start, Stop' day in the Tongan parliament.
For a start, the Speaker, Lord Tu’ivakano told members that 15 February was supposed to be their final day for the 2015-16 parliamentary proceedings. They had scheduled a short break before reconvening on 25 February for the official closing of the 2015-16 Parliamentary Session.
The Official Opening of the new 2016-17 Parliamentary Session was scheduled for 2 June.
Anyway, the Speaker told the House that they still had three Bills and a Regulation to work on.
The Legislature dissolved into the Whole House Committee to deliberate over Bill No. 5, the Evidence (Amendment) Bill 2016.
Heavy rain began to fall and the Vava’u People’s Representative No. 15, Samiu Vaipulu moved for the House to have a break because they could not hear each other talking.
The Speaker stopped the proceedings until the afternoon.
When the House reconvened at 2:00pm, debate resumed in the Whole House Committee with the amendment to the Evidence Act.
Sexual offences
Samiu Vaipulu disagreed with the amendment. He pointed out that in a case of a rape, for the judge to believe only what the victim said would be unfair. He said that if they proceeded and passed the amendment, it was possible for an innocent person to go to jail.
The amendment to Section 11 reads: "Where any person is tried for any sexual offence under sections 118 to 137 of the Criminal Offences Act or for any other offense of a sexual nature, no corroboration of a complainant’s evidence shall be necessary for the accused to be convicted, and in any such case the Judge shall not be required to give any warning to the jury relating to the absence of corroboration."
The other amendment is a replacement of Section 126 – Court may convict on testimony of accomplice.
- Where any person is tried for any criminal offence, the court may convict such person on the sole testimony of an accomplice, and no corroboration of such accomplice’s evidence shall be necessary for the accused to be convicted, and in any such case the Judge shall not be required to give any warning to the jury relating to the absence of corroboration.
- If, in any such case, the Judge decides to comment on the absence of any evidence tending to support any other evidence, no particular form of words shall be required.
The Minister of Justice, Hon. Vuna Fa’otusia told the House that he tabled the amendment because of a request by the judges to amend the law to be in line with what is happening in other countries of the world.
The view of the Minister of Justice was supported by the PM, Deputy PM, the Tongatapu People’s Representative No. 9, Penisimani Fifita.
Aggressively against the Bill were Lord Fusitu’a, Lord Nuku, Lord Tu’ilakepa and Samiu Vaipulu.
Lord Fusitu’a told the House that the amendment was unconstitutional, and it was rushed through by government because three earlier Bills were sent back by the House because of too many spelling and grammatical errors.
Lord Fusitu’a is a practice lawyer, and he warned government that if the amendment where to go through, Tongan lawyers would have a field day in courts.
Lord Nuku reminded the House that even if the judges proposed for the amendment as stated by the Minister of Justice, the role of the House is to pass laws for the well being of the whole country, not just because it was requested by the judges.
Lord Tu’ilakepa queried what would happen in a case where the victim has no witness.
The Minister of Justice responded, that if there were no witnesses then the victim is presumed to be right.
Lord Tu’ilakepa said, "If someone blamed me or you without any witness, the judge then will decide."
Minister of Justice said, "That will never happen in court."
The Speaker called for the House to close, saying, “enough for today.”
The House broke for a day and will reconvene on Wednesday, 17 February.