By Linny Folau
Mailoko ‘Ealelei, 28, has been sentenced to three years imprisonment for breaking into the home of a 65-year-old woman in Tofoa and stealing Tongan handicrafts valued at about $10,500 while he was on authorised prison leave.
Hon. Acting Lord Chief Justice Afeaki imposed the sentence on 1 July after ‘Ealelei pleaded guilty in the Supreme Court at Nuku’alofa.
According to the sentencing remarks, the offending occurred on 5 September 2025 at about 1:00pm. The complainant, ‘Anaseini Pahulu, 65, left her home to attend her nearby BBQ canteen. When she returned about an hour later, she found the front door open with the latch broken, although the lock remained intact. A footprint on the door suggested it had been kicked open.
Inside, the living room had been disturbed, with her bed in disarray and woven mats scattered across the floor. She discovered that seven Tongan ta'ovala, including pieces of feta'aki, had been stolen. The items were valued at a total of $10,500. She reported the burglary to Police that evening.
On 16 September 2025, while investigating another matter, Police interviewed ‘Ealelei, who was already serving a prison sentence. He admitted committing the housebreaking while on authorised prison leave, stealing the items and selling them to another person.
The court heard that the defendant had previous convictions and was also facing several other housebreaking and theft charges at the time of the offending.
His Pre-Sentence Report stated that he is married with three young children and is currently serving a prison sentence at Hu'atolitoli Prison. He admitted to the Probation Officer that his income came from housebreaking and theft, saying he committed the present offence to steal and sell the items for money. He also acknowledged that his family benefited from the proceeds of his offending. He accepted responsibility and expressed remorse for his actions.
In sentencing, Hon. Acting Lord Chief Justice Afeaki described the offending as a serious and deliberate act of housebreaking and theft.
"A person's home is their place of safety, privacy and security. Every member of the community is entitled to leave their home knowing that it will remain secure until they return. When one deliberately forces entry into another person's home to steal property, that sense of security is destroyed. The law therefore treats offending of this nature seriously, particularly where the victim is vulnerable."
The judge said the defendant deliberately chose to offend while the complainant was away, kicked open the front door, entered without permission, searched the house and stole valuable property for financial gain.
He also placed considerable weight on the nature of the stolen items.
"While its monetary value of $10,500 is significant, its true worth is far greater. The stolen ta'ovala and feta'aki were family heirlooms, woven over many years and passed from one generation to the next. They formed part of the complainant's family history and cultural identity. Such items cannot simply be replaced by paying compensation. Their sentimental and cultural value is irreplaceable."
Prison leave privilege abused
The Acting Lord Chief Justice said it was particularly troubling that the defendant committed the offences while already serving a prison sentence and while on authorised prison leave.
"Prison leave is a privilege extended to offenders to encourage responsibility, rehabilitation and reintegration into society. The defendant used that opportunity to commit further serious offending. That conduct demonstrates a complete disregard of the law, for the sentence previously imposed upon him and for the confidence placed in him by the Prison authorities. It significantly aggravates the offending."
The judge also called on Prison authorities to take proper notice that the defendant committed the crimes against an elderly woman while on authorised prison leave.
He further said the defendant's admissions to the Probation Officer were equally concerning because he acknowledged that housebreaking and theft were his source of income and that his family benefited from the proceeds of his offending.
The court found this was not offending committed out of momentary desperation or poor judgment, but part of a deliberate course of criminal conduct for financial gain.
The judge noted that housebreaking and theft continue to be prevalent offences in Tonga, causing significant concern for the courts and undermining the community's sense of security, particularly when elderly and vulnerable people are targeted.
He said that while rehabilitation remains an important sentencing objective, the need for denunciation, general deterrence and protection of the community outweighed any factors supporting suspension in this case.
The court found that previous punishment had failed to deter the defendant and that he had abused the privilege of authorised prison leave by committing further serious offending.
‘Ealelei was sentenced to three years imprisonment, to be served cumulatively with the sentence he is already serving.
