Tonga’s Court of Appeal ended last week with judgments on 14 cases.

The court reduced a 13-year-imprisonment sentence to five-years for a man convicted of raping a feeble minded woman in 2011.

Ray Hu’ahulu who was 27-year at the time of the offending was convicted after a trial before a jury on August 25, 2011 of the rape of the 23-year-old feeble minded woman.

He appealed against his conviction and sentence of 13 years imprisonment with the last three-years to be suspended.

On February 4 this year, Hu'ahulu sought appeal against conviction and sentence, and leave to appeal was granted by the President of the Court of Appeal during the March session this year. The appeal against his conviction was not granted.

The appellant's counsel Vuna Fa’otusia maintained that the court should grant leave to appeal the conviction but later abandoned this position and proceeded with just the appeal against sentence.

"The judge took as his starting point for anyone charged with rape of a feeble minded person on a not guilty plea, a sentence of 13-14 years because such people deserve protection. While not disagreeing with this sentiment the judge provided no recent precedent for a sentence of this length."

The Appeal Court said the Crown had also agreed the sentence was manifestly excessive.

We agree the sentence imposed was manifestly excessive. The appellant’s own previous conviction was for drunkenness. He cooperated in preparation of a pre-sentence report and apologized to the complainants mother for his action. It seems that at least at the time of his conviction he accepted the jury’s verdict.

"The appeal on sentence imposed in the Supreme Court is vacated and replaced with a sentence of five-years imprisonment, the last year to be suspended for two years.”

Dismissal

The Appeal Court dismissed a criminal appeal made by a former police officer Valeliano Manu and co-accused Xiu Ming Lin.

They appealed against their conviction and sentence for the importation of pseudoephedrine to Tonga in 2011. Manu was sentenced to five-years four-months and 10-months imprisonment for Lin.

The court also dismissed an appeal by two former Westpac Bank of Tonga tellers Tavake Kaufusi and Fifita Latu against their conviction for embezzlement this year. 

National Centre

Meanwhile, a civil appeal by the ‘Unuaki ‘o Tonga Royal University and founder ‘Etuate Lavulavu against the Government of Tonga was discontinued.

They are required to vacate the Tonga National Cultural Centre compound before December 12, 2014.

He appealed against an order initially made by the Chief Justice in proceedings brought by the Government that required vacant possession be given within 28- days of the Tonga National Centre they occupied.

On August 13, the Chief Justice granted leave to appeal and stayed the possession order until further notice.

However, when the appeal was called the counsel for the appellants advised that by consent the appeal was withdrawn. ‘Aminiasi Kefu for the respondent confirmed his consent and did not seek costs. The parties had also agreed to extend time to vacate the building to December 12, 2014.

This second Appeal Court session was presided over by Mr Justice Salmon, Mr Justice Handley, Mr Justice Hansen and Mr Justice Tupou, at the Nuku'alofa Supreme Court.