By Linny Folau
Afimeimo’unga Hola was sentenced to two years six months imprisonment, which was fully suspended sentence for two charges of serious causing bodily harm and common assault on two rugby officials at a rugby game, where his team was losing.
Lord Chief Justice Bishop sentenced him on 2 May in the Supreme Court, Nuku’alofa, after he pleaded guilty.
Both charges arose out of the same incident on the 17 September 2024, after a rugby game in which the defendant was a participant and punched Kenipolo, a line up official, causing him to lose a tooth in the first count. He also punched Fredrick, another line up match official causing him injury, in his second count.
The rugby match was between Kolomotu'a Eagles and his team Liahona Old Boys. The defendant was on the loosing team and he chased one of the officials Kenipolo and punched the right area of his jaw and while he was on the ground, he then punched him again. Another official, Frederick, together with other rugby players tried to separate the two but tthe defendant was resistant and punched Frederick and said, "and also you, you cheated."
The Lord Chief Justice said this is not the way good sportsmen behave. “This is a disgraceful conduct and turned what should have been a civilized encounter no matter how earnest the competition may be. What is particularly disturbing about your behaviour is that not only did you seriously assault one of the line officials, but when another doing his best to calm the situation tried to separate you with the assistance of the other rugby players you punched him as well, then walked off.”
“There is a tradition here in Tonga as in other rugby playing countries of the losing team greeting the winners with courtesy and not by punching the rugby officials.”
The court heard that the defendant has a criminal record of being unable to control himself and has five previous convictions for drunkenness, as well as convictions for the use of abusive profane language, obstruction of an authorized officer, the use of threatening language to a government servant, breaching a police safety order, electronic communication abuses and harm, theft and assault.
Victim impact reports from both victims of the offending, stated both being embarrassed by the incident and the subsequent ridicule they had faced due to the offending. The first victim hoped that the outcome of these proceedings will deter all other players from such an outburst of violence in or around the sport,
The defendant had showed remorse over the offending, with a report from the Probation Office concluding that he was at a low-risk of re-offending and recommended a fully suspended sentence on conditions.
“I am told and I accept that for the last four years you have taken steps to tum your life around and have been active in drugs awareness courses and that he had been provided with financial assistance from Tongans anxious to eliminate the scourge of drugs in the Kingdom and have used their donations to provide posters, billboards and designed T-shirts to distribute to the community. In addition, you have helped to instil in young people affected by drugs the futility of their and you are described as an excellent speaker,” the judge stated.
“You are described as a reliable and trustworthy person to address the issue you faced and to share your own experiences. So why on earth did you behave as you did? It seems to me to be incomprehensible, what you did in a burst of temper has thrown away all the good work that you had been doing and the confidence and trust which others placed on you."
The defendant had also apologized to one of the victims who accepted the apology. At the same time the victim wished to emphasize that violent behaviour on or near the rugby field and particularly towards match officials should be protected, not be subject to abuse.
“I must undertake a difficult exercise, on the one hand I must send a clear message that behaviour such as yours will not be countenance. At the same time, recognising the strong steps which you have taken to reform your behaviour.”
The Lord chief Justice stated that in this case and not without some hesitation, he decided to impose a wholly suspended sentence. The defendant was then sentenced to two years and six months imprisonment fully suspended for three years, on conditions. This included undertaking a course of life skills and anger management under the supervision of the Salvation Army within 12 months.
"I make it plain that this is an exceptional, unique case. Any violence, threat, verbal abuse, on or near sports crowd will almost certainly result in an immediate custodial sentience. Violence or anger has no part in sport."
The accussed was then ordered to pay compensation to the victim in count one, a total of $3000 and the second victim $1500. These payments must be made within 12 months. He must also complete 100 hours of community service within 12 months, ordered the Lord Chief Justice.
