By Linny Folau
Vili Lausi’i (46) is serving three months in prison for pointing a loaded .22 semi-automatic rifle at a couple who were driving in Lapaha, while he was assisting a community night patrol in December last year.
Lord Chief Bishop sentenced him on 5 September at the Supreme Court in Nuku’alofa. This was after he pleaded guilty to the one charge of presenting a loaded firearm within range.
The offence was committed on 19 December 2024, when the defendant with the intent to intimidate presented a loaded firearm within range, when he pointed the loaded .22 semi-automatic rifle at Isaac Liu and Vikatolia Liu.
According to the defendant’s counsel, he was assisting the Police Community in safeguarding valuable items collected by the community that evening.
The judge found that on 19 December 2024 at about 10:00 to 11:00pm, the complainant and her family were driving in Lapaha at the intersection turning to head to the Taufa’ahau Road when the defendant drove past, abruptly stopped their vehicle and pointed a gun at them with anger shown on his face.
“The complainant’s husband reversed quickly and drove home where they parked outside their home, fearful of exiting the vehicle as you had followed them home and continued to point the gun at their vehicle. The complainant’s mother shouted out to the defendant why he was doing this, but he remained silent. He then left shortly after the complainant’s father returned home.”
The complainant lodged her complaint at Mu’a Police Station where the Police conducted a search and found the accused at the bus station across from the Catholic Church at Lapaha, sitting with the .22 rifle semi-automatic rifle. Police arrested him and his firearm was seized where it was discovered that the rifle was loaded with eight bullets.
“What is particularly serious about your case is that this offending arose with no provocation and out of your own volition you chose to approach the complainant and her family then proceeded to follow them home with your loaded rifle pointed at their direction. It may be said that you were part of an additional patrol group assisting community policing having been worried about thefts occurring at the church.
“I can only speculate that you thought the occupants of this vehicle were potential thieves, even if your suspicion was justified, it is no excuse for pointing a loaded firearm in their direction causing them to be fearful and I would imagine, terrified,” the judge stated.
"To their credit, the complainant and her family have forgiven you and do not wish to have anything further to do with these proceedings but I have difficulties in light of the increase of firearms in the Kingdom, there is an increase of negative use of arms in society and the courts have a duty to deter such behavior from re-occurring."
The court heard from a pre-sentence report that the defendant is a husband and father of two children. He was seen to be remorseful of his actions and showed positive changes to make amendments for his behaviour. He was also identified as a good citizen for being a reliable and hardworking individual for the benefit of his family and communities.
The Probation Officer recommended a fully suspended sentence on appropriate conditions.
However, the Lord Chief Justice imposed a starting point of 18 months imprisonment. In view of his early guilty plea, he reduced his sentence by six months resulting in 12 months imprisonment.
He also considered the principles of Mo'unga in relation to any applicable suspension in whole or in part of your sentence. The defendant is not young, and has previous convictions, however, his guilty plea with his family and community support demonstrated possibility in a high degree of the likelihood of rehabilitation.
Lord Chief Justice Bishop then decided to take a compassionate view and reduced the term of imprisonment. For count one, he imposed a sentence of 12 months imprisonment, with the final nine months suspended for two years, on conditions:
For the avoidance of doubt, he is serving three months imprisonment, followed by nine months of suspended sentence for two years on conditions. It was further ordered that the rifle and ammunition be forfeited to Tonga Police .
