By Linny Folau
A 42-year-old man was sentenced to five years and eight months imprisonment for serious housebreaking and theft, after a late-night home invasion at Sopu, where the victim was threatened with a knife and robbed around $6,000 paʻanga in cash and valuables. His sentence included drugs offences.
Tali Me’alahi Tu'i'ile'ila was sentenced by Lord Chief Justice Hon. Malcolm Bishop KC on 18 May, at the Supreme Court in Nuku’alofa. In March, he was found guilty and convicted of the two charges, following a trial before Justice Tupou.
According to the written sentence, the offending involved the intrusion into the residence, the use of a knife to threaten the complainant, Robina Nakao with repeated threats to kill, and the theft of property after he entered as a trespasser, at around 1:00am on 15, December, 2023. The complainant was at home with her son, Musashi, and their domestic helper.
At the time of the offending, the complainant had fallen asleep in the downstairs living room after watching television, while her bedroom was upstairs. She was awakened by noises coming from her upstairs bedroom and, after calling out and receiving no response, later heard rummaging continuing in her room. When she looked up, she saw a man descending the stairs from the upstairs level of the house.
After coming downstairs, the defendant stood in the kitchen area armed with a knife, which he waved at the complainant, while motioning for her to move toward him and sit on the couch. When the complainant called out to her son, Musashi, who briefly opened his bedroom door, the defendant turned toward him, while still holding the knife. During the encounter, the defendant repeatedly threatened that he was going to kill the complainant that night.
In an attempt to deter the defendant, the complainant shouted for her domestic helper to wake “the boys". Upon hearing this, the defendant turned towards the exit; he paused and bent down near the doorway where Musashi’s slip-on sandals had been placed.
He then exited the house and walked away slowly and boldly. After the defendant left, the complainant discovered that her upstairs bedroom had been ransacked. He had stolen $4,500 in cash, a Samsung mobile phone, Musashi‟s slip-on sandals, and a Garmin watch, totaling approximately $6,000 in value, stated the Lord Chief Justice.
The court rejected the defendant’s defence in its entirety and found that earlier that evening the defendant had been at the residence of one ‘Aisake, where he had been intoxicated and under the influence of methamphetamine. It also found that the defendant left that residence around midnight and around one hour later entered the complainant's residence and committed the offending.
As for the complainant, she described the offending as a traumatic home invasion, which has caused ongoing emotional and psychological harm, and since the incident, she has lived in constant fear and anxiety, particularly when home alone, and no longer feels safe in her own home, according to the Victim's Impact Report.
She stated that she has been unable to sleep in her bedroom since the invasion due to fear of another attack. She experiences interrupted sleep, regularly wakes during the night to check for intruders, and remains hyper-vigilant by constantly locking and rechecking doors.
In addition, she reported that ordinary sounds such as footsteps or knocks trigger panic and distress as the offending left lasting emotional scars, which continues to affect her daily life.
Jail
The Lord Chief Justice stated serious offences of this kind, the courts must denounce in the clearest terms.
“The offending was not merely a property offence. It involved the sanctity of a person‟s home being violated in the middle of the night, while the complainant slept believing herself to be safe. The courts have repeatedly recognized that offending of this nature is particularly grave because citizens are entitled to feel secure in their homes, especially at night. When an offender invades that security, arms himself with a weapon, threatens violence and terrorizes occupants, the offending transcends ordinary dishonesty and becomes a deeply invasive affront to personal safety and dignity.”
Moreover, the aggravating features in this matter was substantial. The defendant entered an occupied dwelling at approximately 1:00am as a trespasser with the intention to steal. The complainant was asleep and vulnerable in her own home. The defendant armed himself with a knife and waved it at the complainant to force compliance, while repeatedly threatening to kill her.
"I accept that such threats, made in circumstances, where the complainant was alone and vulnerable, would have caused considerable fear for her safety and that of her family. The emotional consequences described in the Victim Impact Report are entirely unsurprising. The offending has had a profound and continuing impact upon the complainant's sense of security and emotional wellbeing."
On the drugs offences, which included possession of 0.01 gram of methamphetamine and 1.49 grams of cannabis, the court heard that on 11 June 2024, Police officers from the Drugs Enforcement Unit attended the defendant's residence to serve disclosures for a court matter and found him seated in the backseat of a vehicle holding a smoking pipe.
He was detained and cautioned, and admitted ownership of the pipe. A search without a warrant was conducted on the vehicle and a black Nike bag beside him revealed 287 empty packs, cannabis, methamphetamine, and other drug-related items.
Additional cannabis, a smoking pipe, and a bong were also found elsewhere in the vehicle, all of which the defendant admitted belonged to him. The seized substances were later tested and confirmed to be cannabis and methamphetamine.
Then on 20 January 2026, Police officers went to a residence in Fasi to execute an arrest warrant against the defendant in relation to illicit drugs. He was found inside a rental vehicle with other persons. A search of the vehicle uncovered a black bag containing 16 empty packs and three packs of suspected cannabis. When questioned, one named Fifita Kaufusi stated that the items belonged to the defendant. The substances were later tested and confirmed to be cannabis.
The significant quantity of drug utensils and empty packs found in the defendant‟s possession indicated involvement in the supply of illicit drugs. He also committed further offences whilst on bail. He also has a lengthy criminal history, including previous burglary convictions in the Cook Islands, which resulted in his deportation to Tonga, including a history of illicit drug offending, stated the Lord Chief Justice.
"I am particularly troubled that the defendant had time to reflect upon his conduct. This was not impulsive offending committed in the heat of the moment. He entered the home, searched upstairs, armed himself with a knife found within the premises or otherwise available, and persisted in threatening the complainant, while completing the theft. The stolen property, valued at approximately $6,000, has never been recovered.
Considerable weight is placed on the defendant‟s criminal history and conduct. The defendant has relevant prior offending, including burglary offending overseas, which ultimately resulted in his deportation to Tonga."
In addition, he repeatedly failed to attend court when required and committed further offending, whilst on bail. Such conduct demonstrates a concerning disregard for the law and the authority of the court. Turning to the drug offending, the courts have consistently emphasised that methamphetamine and associated drug offending remain a scourge upon Tongan society.
Even possession of small quantities of methamphetamine ordinarily attracts imprisonment. The presence of numerous empty packs, weighing scales, smoking pipes and other utensils strongly suggests offending beyond mere personal use and indicates involvement in the wider drug culture which fuels addiction, theft, violence and social harm. It is especially concerning that after being charged, the defendant returned to further drug offending in January 2026, stated the Lord Chief Justice.
In conclusion, the defendant received an aggregate sentence of five years eight months imprisonment backdated to 20 January, 2026 for time spent in police custody. While, the illicit drugs and utensils seized was ordered to be destroyed.
