By Linny Folau
A former senior customs officer, Mosese Katoa (58), is serving two years in prison on charges that included the importation of prohibited goods. When firearms concealed in a crate arrived in Tonga in 2023 he also attempted to bribe another Customs Officer to avoid the scanner.
Justice Paul Garlick sentenced him om 28 November at the Supreme Court in Nuku’alofa. This was after he was found guilty by a jury on four counts that included two for importation of prohibited goods, one for failure to make a declaration and one for bribery of a government servant.
The offending was on 30 August 2023, when the vessel ‘Mount Cameron’ arrived in Tonga, carrying a crate containing the prohibited goods.
The court heardthat on 11 September, the defendant went to the offices of SF Oceania to secure the release of the crate. He had engaged a customs broker to prepare all the necessary customs declarations, including a declaration signed by the defendant, confirming that he knew what the crate contained.
However, he declared that the crate contained only ammunition, but left out there were firearms.
The judge stated that the defendant then approached a customs officer who was operating a scanner, and told her that he was there to clear the consignment, which contained ammunition. He informed her that the goods were going to be taken to Ha'apai, and handed her the bill of lading for the consignment.
He suggested to the customs officer that the crate need not be scanned, but the customs officer proceeded to scan the crate.
“From the images on the scanner, the customs officer saw that the crate contained ammunition and firearms. The defendant told the customs officer that the crate contained about 500 bullets. When he was asked if the crate contained any firearms, the defendant replied "no" which was a blatant lie.
“The defendant then attempted to bribe the customs officer, handing her $50, saying that she could use it for lunch. The customs officer returned the money to the defendant immediately. That was a blatant attempt to bribe the customs officer, which was made more serious by reason of the fact that the defendant was, himself, a serving customs officer,” the Judge stated.
“The bribery offence was made even more serious by the conduct of the defendant at the trial, when he accused the customs officer of lying and suggested that she was a corrupt officer who had accepted bribes in the past. That was a deceitful, dishonourable and disgraceful suggestion by the defendant.”
The crate was then physically inspected by another customs officer and the defendant attempted to persuade that officer not to examine the contents of the crate closely. The crate was removed to another area, and a detailed inspection was carried out.
The defendant was again asked to specify what was in the crate, and he told the customs officer that there was some ammunition and just one firearm. Later, he told the customs officer that there were three firearms in the crate.
“Again, he was lying, as when the crate was searched, it was found to contain nine rifles, two shotguns, one pistol and 27 cases of ammunition.
“Later, when asked by a police officer if he had a licence for the importation of the firearms and ammunition, the defendant said that the firearms and ammunition did not belong to him, but to another person called 'Asael' i", stated the judge.
Senior Customs Officer
The Prosecution submitted the aggravating factors were the seriousness of the counts, which is reflected by the maximum penalty of $100,000 or a term of imprisonment not exceeding 10 years.
Moreover, the defendant was a Senior Customs Officer with years of experience, who violated his employer's trust and confidence by committing these offences.
His offence was intentional and was supported by the fact that he failed to declare on the Declaration Form the prohibited goods inside his consignment. Also, he did not tell Customs Officer Pauline that there were firearms inside his consignment, but just ammunition.
“The defendant also used his position as a Senior Customs Officer to manipulate the Customs process for releasing an imported consignment. Such an act shows that he intended to deceive the clearance process. This was supported by the fact that he instructed Sione Taiala and 'Akanesi Mafi to examine his consignment without the presence of a Customs Officer.
“He also undermined Sione Taiala's work by telling him that there were no prohibited items inside and to stop his examination. His offending was further aggravated by offering a bribe to Customs Officer Pauline Havealeta.
“In addition, the prohibited goods imported significantly surpassed the lawful amount of firearms and ammunition that one person is legally allowed to import into Tonga. Therefore, it is a scourge and warrants deterrence and denunciation.”
The defendant's offending was further aggravated by making serious, untruthful allegations against anothers Customs Officer Manumu'a, which portrays an image that Customs Officers are dishonest and deceptive. These allegations displace the public's trust and confidence in Custom Officers, stated Prosecution.
His only mitigating features were his good character, having no previous conviction and his age.
The judge noted that his pre-sentence report stated that despite the verdicts of the jury, the defendant still maintained that he did not have any knowledge of the prohibited goods.
“I cannot accept that the defendant's remorse for his offending is genuine; rather, he simply regrets having been caught and convicted of these serious offences.
“The offending conduct in this case is so serious, and is aggravated by the fact that the defendant was a serving customs officer, who attempted to bribe one of his fellow officers, that a substantial sentence of imprisonment is necessary."
At the same time, the defendant contested the charges and made serious allegations against a customs officer during the trial.
“However, he is a man with no previous convictions. Therefore, I shall reduce the total sentence to one of four years' imprisonment from four years six months,” the judge said.
The judge then accepted that there was a real possibility that he may rehabilitate himself during his sentence and it was appropriate to suspende he final two years of his sentence for two years, on conditions.
Katoa received a sentence of four years imprisonment with the final two years suspended for two years, on conditions. This means he is now serving two years in prison.
