107 convicted of crimes in November 16 riots [1]
Tuesday, March 3, 2009 - 21:25. Updated on Friday, September 12, 2014 - 16:42.
To date a total of 107 people have been convicted of offences relating to the riots of November 16, 2006, the Acting Solicitor General, 'Aminiasi Kefu told the National Conference on Reconciliation and Civic Education at the Fa'onelua Convention Centre, in Nuku'alofa last week.
Out off a total of 303 accused who were charged with 16/11 offences, he said the Crown had withdrawn 26 cases, 18 were acquitted, three were remitted to the Magistrate's Court, 31 were still awaiting trial and 118 were undergoing an Adult Diversion Program.
'Aminiasi told the two-day conference, February 25-26, that the Adult Diversion Program was, "a prosecution scheme to give adult offenders another chance." Adult offenders were required to undergo rehabilitation programmes to re-direct their objectives in life, and if the programme was completed, there would be no prosecution and no criminal conviction.
He said that the Adult Diversion Program was applied only to 16/11 related cases, in the Supreme Court. Accused who were eligible for the program were those with no previous convictions (particularly for property offences) and in cases where the stolen goods had been returned or recovered. Other factors were a low level of offending, i.e. an opportunist as opposed to a rioter causing damage then committing looting; the number of charges (generally for those charged with only one count); and co-operation with the police/military; an admission of offending; remorsefulness; unlikelihood of further offending; and where the accused would benefit from the Adult Diversion.
For an offender to be accepted into the Adult Diversion Program, he or she must have the approval of the Defence Counsel, the Solicitor General, the Attorney General, and the Chief Justice.