Armed robber staged hold-up at Yellow Pier [1]
Wednesday, June 1, 2011 - 21:19. Updated on Monday, September 9, 2013 - 18:40.
A 37-year-old man from Vaini was found guilty on two counts of attempted armed robbery and carrying arms with the intention to commit an offence, when he threatened a man with a .22 bolt-action rifle at the Yellow Pier in April 2010.
Penisimani Angilau pleaded not guilty to three charges of attempted armed robbery, carrying arms with the intention to commit an offence and causing bodily harm.
After a two-day trial before a judge alone, Chief Justice Hon Michael Dishington Scott at the Supreme Court in Nuku'alofa on May 24-25 Angilau was found guilty on the two charges of attempted armed robbery and carrying an arm with the intention to commit an offence. He was acquitted on the bodily harm charge.
He was remanded in police custody for his sentencing on June 17.
Hold up
The court was told by the Crown that on April 8, 2010 the complainant Tulikava Sete and a few of his friends drove in their minivan to Nuku'alofa to have a few drinks and then continued to the Yellow Pier.
When they arrived at the pier, they noticed a small silver car already parked there with one passenger inside and they parked about 10 metres from the car.
At this time Angilau approached the complainant's minivan with his head disguised in a cloth and pointed the .22 rifle at the complainant and demanded that they hand over their wallets or he would shoot them.
The complainant and one of his friends attacked him and wrestled the gun out of his grip. During their scuffle the accused shot the complainant on the chest but luckily the bullet just grazed the complainant's chest.
The Chief Justice acquitted Penisimani on the bodily harm charge because it must be proven that the attacker had the wilful intention to cause bodily harm. But he found that the evidence was not clear whether he had the intention as the gun went off during their scuffle and it could have gone off accidentally.
Angilau represented himself in court during his trial.