Not guilty verdict for men on 16/11 charges [1]
Thursday, May 7, 2009 - 10:41. Updated on Friday, September 12, 2014 - 11:27.
Four men who were charged with serious multiple offences relating to the destruction and damage of Nuku'alofa on November 16, 2006, were declared not guilty by a jury at the Nuku'alofa Supreme Court yesterday afternoon, May 6.
The jury delivered their unanimous verdict in court at around 1:45pm after deliberating in closed chambers for about 15 minutes.
The four accused: namely 'Etuate Uata, 'Asiata Masima, 'Onitulei Manu and Kata Leleifua were charged with 14 offences of riotous assembly, the destruction and damage of buildings and housebreaking arising out of the riots.
In their verdict, the jurors acquitted Masima, on seven counts of damaging the Prime Minister's Office, Treasury, Parliament, Molisi Tonga Supermarket, Pacific Royale Hotel and a government vehicle.
They similarly acquitted Uata on two counts of riotous assembly and the destruction of buildings by rioters namely the Pacific Royale Hotel followed by Manu who was acquitted on three counts of riotous assembly, abetment to the destruction of the Chinese Rainbow Store and the damaging of the Leiola Duty Free Shop.
Leleifua was also acquitted on two counts of riotous assembly and housebreaking into Molisi Supermarket.
Retrial
The jury trial has been long running since April 2 as it took a turn on April 14 when the Chief Justice Anthony Ford discharged the initial seven jurors elected for the trial.
The Chief Justice ordered a retrial after a week of sitting after confirming that three of the seven jurors discussed details of the case with one of the four accused during the court's break. Jurors are strictly prohibited from talking about case details with anyone except among themselves.
Therefore new jurors were selected on April 17 and the trial restarted.
The Crown Prosecutor was Acting Solicitor General 'Aminiasi Kefu while Sifa Tu'utafaiva acted for the four men.