Soldiers ordered to pay up or go to prison [1]
Tuesday, May 4, 2010 - 21:53. Updated on Monday, September 9, 2013 - 18:40.
TWO seasoned Tongan soldiers who had served in international peacekeeping missions in Iraq and the Solomon Islands pleaded guilty to housebreaking and common assault in the Nuku'alofa Supreme Court on April 27.
The soldiers, Langatoli Halaifonua of Vaini and Meliao Afu of Ma'ufanga, were ordered by Mr Justice Shuster to pay $1,000 each to the victim, and warned that failing to do so would land them in prison for nine months. They were discharged for three years on the condition they pay the compensation within 90 days.
Justice Shuster passed his decision after Commanding Officer Capt Toni Fonokalafi pleaded with the court for mercy on behalf of the soldiers. He said the Tonga Defence Service needed the men as they were skilled trainers for new recruits.
The court was told that in October 2009 the two men unlawfully entered a home in Nuku'alofa and assaulted an innocent occupant. The soldiers admitted they mistakenly took the occupant for another man who had attacked their senior officer.
Trainers
Fonokalafi said both men had been long serving and were experienced trainers for their new recruits having both served in the Solomons and Iraq. He said that if the two soldiers were to be given prison sentences they would loose their jobs and this would affect the training of new recruitments.
"I know they have pleaded guilty but I ask for mercy and the Defence have regulations to reprimand such conduct," he said.
Fonokalafi said the incident was provoked after a senior officer was severely injured and the attacker ran into a house and the soliders chased the attacker and captured the wrong person.
Justice Shuster asked the two men if they have been drinking prior the incident, they replied yes.
"I accept that the army does need good trainers who think before they act and I am sure that in Iraq or Afghanistan you would not run into a house with a machine gun without thinking," Justice Shuster asked the two soldiers. They replied, yes.
Justice Shuster pointed out the fact that they were drunk during this incident, and should never take the law into their own hands.