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From the Courts

Suspended sentence for car thief

Nuku'alofa, Tonga

By Linny Folau

Paula Fifita (20) was sentenced to two years imprisonment, fully suspended, for two counts of theft that included two motor cars, with the second offence committed while on bail for the first car theft.

He pleaded guilty to both of the charges, with the first committed on 2 April this year of a vehicle valued at $20,000 outside a residence in Nuku'alofa. The second was committed 18 days later, on 19 April in Kolomotu'a.

Lord Chief Justice Bishop sentenced him on 16 October at the Supreme Court in Nuku’alofa, after he pleaded guilty to both charges.

The first offence was committed on 2 April when he stole the vehicle valued at $20,000. Then a few days later he committed the second theft of a vehicle and an iPhone 11, with a total value of $47,000.

Lord Chief Justice Bishop stated that on 2 April, 2024, “the defendant took someone’s motor car in circumstances, which was highly unusual because it was opportunistic and he was on bail. Eighteen days later he did the same thing.”

“In both cases he was walking along the street saw the motor car parked, tried the driver’s door found it was open and found it, rather foolishly, with the keys in the ignition.

The accused got into the car and drove off.

“On the first occasion he was not alone in the car. Its owner was asleep or rather, unconscious, in the back. That was a very irresponsible thing to do, and what is more irresponsible to do is that, 18 days later, he did the same thing.”

Moreover, in those circumstances, the Lord Chief Justice referred to decisions of a higher court to the effect, which suggested the accussed should serve some time of imprisonment because of the breach of the circumstance that granted him bail, after the first offence.

“Of course, I pay respectful heed to the guidelines that have been handed down by the Court of Appeal. A short sentence of imprisonment will certainly keep you out of mischief, but is unlikely to address the root cause of your offending, which is the misuse of alcohol.

“I bear in mind that wrongdoing such as you have admitted to must be punished. I accept too that others should be deterred from behaving as you have done, but I must also seek to effect a permanent solution to your difficulty, which is your dependence of alcohol.”

The judge then imposed two years imprisonment, fully suspended on conditions that includes him being placed on probation, he must not commit any further offence, including drunkenness in the streets and must also complete a life skills and alcohol rehabilitation courses as directed by the Probation Officer.

He must also work 100 hours of community service under the Probation Office, ordered the Lord Chief Justice.