Bullying and mob violence have no place in any civilised society, a judge said yesterday in sending three former Tupou College students to lengthy prison terms for their part in a violent attack on a home in Tofoa that severely injured a young man on 18 July 2013.

The three jailed former Tupou College students, now aged in their 20s, were among a group of 24 who appeared before the court for sentencing on April 16.

Mr Justice Cato imposed full suspended sentences on 18 youths, while three were fined. A majority of the group were enrolled in a technical course at Tupou College at the time of the crime.

Serious arson

A principal offender Sungalu Afuha‘amango (22) who pleaded guilty to attempted serious arson was sentenced to four and a half years imprisonment with the final 18-months suspended. This is upon conditions that he does not commit any crime during his probation period and to attend a life skill course at the Salvation Army when released.

On a second charge of rioters damaging a building, he received two-years sentence for the extensive damage caused to the house that was occupied by students of Tonga College.

This sentence will be served concurrently with the arson, meaning he will serve three-years in prison. The judge said the attempted arson charge was extremely serious. “After a lit blanket was thrown into one of the rooms at the house this accused threw inside a gas cylinder, which could have had disastrous consequences but mercifully it did not,” he said.

Rock on head

Another principal offender, Siosifa Finau Sulunga (20) who pleaded guilty to grievous bodily harm, was sentenced to four and a half years with the final 21-months suspended upon similar strict conditions.

The judge said after the gas cylinder was thrown into the room of the house the victim, Taniela Halahuni, had attempted to escape but this offender stopped him by throwing a rock on his head.

The victim fell down and was hit on the head by others with a stick. “This left him unconscious and he was rushed to the hospital where he was operated on. He sustained fracture to his skull and was hospitalised for a month. Mercifully he seemed to have fully recovered,” the judge said.

For serious housebreaking the offender was sentenced to two years which is also to be served concurrently with the first charge.

Grievous bodily harm

Sitivi Taliai (20) was sentenced to four and a half years for grievous bodily harm with the final 21-months also suspended on strict conditions. He had also received two-years for housebreaking to be serviced concurrently with the first charge.

The court heard this offender had used a stick to hit the victim on the head.

All three offenders' sentences were backdated to April 10, 2015 when they were remanded in custody for sentencing.

Suspended sentences

The judge then imposed full suspended sentence on 18 of the offenders who pleaded guilty to various charges, mainly riotous assembly, damaging a building, with serious housebreaking and causing serious bodily harm.

The suspended sentences were also made under strict conditions that included being placed under probation and not to commit any crimes during their probation period, attending life skill courses and carrying out certain hours of community work. A few who live in ‘Eua where ordered to complete their community service there. The judge emphasized to the offenders that their failure to follow these conditions would result in their arrest and they would then serve their suspended sentences.

At the same time, three offenders who pleaded guilty to simple housebreaking but were not involved in the activities on the night, were ordered to each pay $200 pa’anga immediately to the court for the owner of the home, Kepueli ‘Ioane.

Deterrence

Mr Justice Cato told a full court house of parents that the dispute between Tonga College and Tupou College had been going on for many years. In recent times some of offenders had said they were victims of violence from Tonga College, one said he reported it to the police but nothing was done.

"Bullying and mob violence in this case has no place in any civilised society. It is sad to have to sentence some of them to terms of imprisonment but this should not have happened and I hope that it never happens again in Tonga. School is a place of learning – not a battleground."

Although concerned with the fact that they were first time young offenders this kind of violent behaviour will not be tolerated, he said. The judge said this was the first time this kind of extensive offence had been before his court and sent out a message to all the students of Tonga not to commit this kind of violent behaviour.

He said all of the offenders who entered guilty pleas, cooperated with the police and were first time offenders. The extensive damage to the house was estimated at around $100,000 pa'anga.