Siosifa Fatafehi Fuatakifolaha, the former holder of the noble title Veikune, was reprimanded and fined $20,000 this morning by the Chief Justice in the Nuku'alofa Supreme Court, after being found guilty by a jury on January 25 of the offence of attempting to evade customs import duties on 600 cartons of over proof Bounty rum, and for bribery of a customs officer.

In passing his sentencing decision, Chief Justice Robin Webster fined Veikune only for bribery and stayed the conviction for the evasion of customs duty. He ordered him to pay all his fines by 16 May 2006, and a default in payment would mean an imprisonment term of one year at Hu...’atolitoli Prison.

The co-accused, 'Amini Tu...’ivai, a lawyer, who was found by the jury guilty of customs duty evasion was also fined $20,000 pa...’anga, to be paid before 16 February 2007, or face an imprisonment term of one year.

Chief Justice Webster said that Veikune was a first offender and one who had already suffered considerably from his conviction. "I take into account the effect of your conviction on your family and extended family, on whom it has unfortunately to be said that you have brought great shame. That is shown by the loss already of your position as Speaker of the Legislative Assembly and a Noble...’s Representative and the prospective loss of your noble title and estates. I accept in the sense that you have been penalized before the Court passes sentence, though that may be an inevitable consequence of your conviction."

The Chief Justice said that he had received the medical report on Veikune from Dr Sione Talanoa Latu, which showed that following a heart attack and a triple coronary bypass in recent years, he was still regarded "as a high risk patient requiring regular monitoring." Therefore, it would not be appropriate to, "impose either an immediate or a suspended prison sentence in a Tongan prison...…I shall therefore impose a fine of $20,000 for the count of bribery."

Tu'ivai

In passing sentence on Tu...’ivai, the Chief Justice said that the penalty appropriate to the gravity of this offence of evading Customs Law in Tonga would be between $50,000-100,000. He said that he had also taken into account that Tu'ivai's future as a legal counsel was bound to be under consideration.

He said that after considering Tu...’ivai...’s earning capacity and existing assets of which were obviously not extensive in terms of income, he therefore fined him $20,000. "Of course a penalty is meant to hurt but I believe you may reasonably be expected to dispose some of your assets such as properties in New Zealand to pay if I give it a year to do so".

Commercial operation

Chief Justice Webster told the offenders that a country such as Tonga where Government has a limited source of revenue, "it is extremely important that the Government should be able to collect all the revenue due under laws passed by Parliament. The actions of Veikune and Tu...’ivai in relation to this one container aimed at depriving the Government and the people of Tonga of a significant amount of revenue, $300,000 and because of the quantity involved there can be no other interference that it was a commercial operation attempted for personal gain.

"I wish to add that I have known you both in connection with my work for several years now, so this comes as a shock and it is a sad day for me having to pass sentence on you both for such serious offences. But like the jury, I also took an oath when I became the Chief Justice, to perform 'truly and with impartiality my duties as a judge in accordance with the Constitution and the Laws of the Kingdom of Tonga' and I must honour that oath and put aside acquaintance and act impartially in passing sentence," said Chief Justice Webster.

He then ordered that the 600 cartons of Bounty Rum be forfeited and be disposed of as the Chief Commissioner of Revenue may direct in terms of section 217(2) of the Customs and Excise Act.

The Crown Counsel for the Crown was Linda Simiki. Siosifa Tu...’utafaiva represented Veikune, and William Clive Edwards for Tu...’ivai.