By Linny Folau
A Puke man who admitted possessing unlicensed ammunition and a firearm has received a fully suspended nine-month prison sentence following a Supreme Court ruling in Nuku’alofa.
Uinikoni Kivalu was sentenced by Lord Chief Justice Hon. Malcolm Bishop KC on 20 May after pleading guilty to possessing 20 rounds of .223 ammunition and a .22LR rifle without a licence. The firearm and ammunition had been seized by Police from his home in Puke.
Kivalu was initially jointly charged alongside two co-defendants, but their charges were dismissed after successful submissions of no case to answer.
According to the sentencing summary, Police investigations stemmed from an operation on 9 August 2024 involving a consignment suspected of containing illicit drugs. Sgt Fifita and members of the Drugs Squad conducted surveillance at Queen Salote Wharf to monitor the movement of the shipment and identify individuals involved in collecting it.
During the operation, Police observed Kivalu moving between his vehicle and the Customs warehouse. He was also seen speaking with broker Lamatau Manuopangai regarding clearance of the consignment and later arranged for its release to Teisa, the consignee.
After information obtained from the consignee’s phone linked the consignment to other individuals, Sgt Fifita briefed officers and travelled to Puke to detain Kivalu and secure evidence. At around 5:00pm, Police arrived at his residence, detained him, informed him of his rights, and advised him they intended to conduct a warrantless search.
Police searched the house and vehicle and located, among other items, the 20 rounds of .223 ammunition and a .22LR rifle bearing serial number GB65183. A later examination on 22 October 2024 confirmed Kivalu did not hold licences for either the firearm or ammunition.
The court noted Kivalu had a previous traffic offence.
Lord Chief Justice Bishop sentenced him to nine months imprisonment, fully suspended for two years on conditions, including that he not commit any offence punishable by imprisonment and complete 40 hours of community service within 12 months.
The court warned that failure to comply with the conditions could result in the suspension being revoked and Kivalu being required to serve the prison sentence.
The firearm and ammunition were also forfeited to Tonga Police for training purposes.
