Six young men, described as the ringleaders of a "housebreaking scourge that has plagued Tongatapu", committing violent robberies and leaving victims with critical injuries, pleaded guilty to 219 criminal offences at the Nuku'alofa Supreme Court on May 26.

All were sentenced by Mr Justice Ford to long terms in Hu'atolitoli Prison for criminal activities that that the judge summed up to be "quite horrific" and "a source of great suffering for the innocent victims."

To one of the men, Sione Kafalava (22), the judge said that from his 60 offences, all the sentences would result in a total term of 176 years and ten months imprisonment, if they were ordered to serve consecutively.

"I do not know why you all seem to have this great grudge against society that made you live the lives of full time criminals," Mr Justice Ford said in sentencing the men, "You seem to have fed off each other like leeches and thrived on your despicable diet of criminal activity."

Along with Kafalava the offenders included two brothers Taulua Taufo'ou (21) and Tuitu...’u Taufo...’ou (29), Joe White Masima (29), Feleti Paongo (28) and Siaosi Latu (23).

They attacked their various victims with a machete, and a rifle butt, and bashed a restaurant proprietor in the face with a rock, committing robberies in and around Nuku'alofa over the 19 months between July 2004 and February 2006, amassing collectively a total of 219 criminal charges. Mr Justice Ford said many of the crimes were a joint effort between some, if not all of the men.

"Even though there are others who have not yet been apprehended, I have no doubt that you six offenders have been the ringleaders of the housebreaking scourge that has plagued Tongatapu over the period," Mr Justice Ford said.

The charges included conspiracy and abetment to variety of crimes including housebreaking, theft, robbery, attempted armed robbery and grievous bodily harm.

Abhorrent

Mr Justice Ford said that it was common knowledge throughout Tonga over the last year or two there had been more housebreakings, thefts, robberies and offences of that nature than ever before. "Housebreaking is a despicable offence. It violates people's right to privacy in their own homes. It is an offence that is particularly abhorrent to this country because traditionally one of the great attractions of life in the kingdom, as I understand it, is that homes have been open.

"The offence of robbery with violence is an even more serious crime...…and will not be tolerated in any form. The public have a right to be protected from house breakers and those who use any form of violence or force in the commission of a crime," he said.

Mr Justice Ford then continued to address his sentencing to the six criminals individually and singled out a few cases of the crimes committed, "some of you, and here I am referring to Kafalava and Masima in particular, simply cannot help yourselves. You are what they call habitual criminals. Well, the court has a duty to protect society from people like you."

Sione Kafalava: 12 years imprisonment

Kafalava pleaded guilty to a total of 60 charges. They included housebreaking, conspiracy and abetment to housebreaking, theft, conspiracy and abetment to theft, robbery, conspiracy and abetment to robbery, causing grievious bodily harm, conspiring to cause grievious bodily harm, wilful damage to a building, and attempted armed robbery.

The probation report said he was the third youngest of 10 children.

"Your father migrated to New Zealand in 1997 and ceased sending remittances or having any contact with your mother and family in 1999. Your father no doubt has a lot to answer for, having deserted his wife and 10 children and it may not be without significance that you began your criminal career around the time that he left Tonga," Mr Justice Ford noted.

Kafalava had told the probation officer that he began carrying out housebreaking and theft crimes when he was 13 years old but was never found by the police. He continued committing the housebreaking and theft offences throughout 1997 and 1998, and then in 1999 he was apprehended and sentenced to seven years in prison but suspended the final year for two years. He told the probation officer that since he was 13 years old he knew what he was doing was wrong but he had no choice because serious crime had become his only way of life.

"It is a sad day when the courts hears a statement like that from such a young person," said Mr Justice Ford. "As the Probation Officer correctly concludes there is really nothing that can be said in your favour and for the safety of the community at large you now need to be locked away for a long time. You show no remorse, apart from having been caught."

The judge said of the 14 housebreaking offences, which followed a similar pattern, one of the most despicable was the offence on July 19, 2005, when Kafalava and co-accused Feleti Paongo entered the home of a 90 year old woman Mrs Niumeitolu and stole valuable Tongan artifacts worth $32,000 pa...’anga.

Cowardly

"The victim that particular night was your own elderly neighbour...…an invalid who cannot stand or walk. And on the night you invaded the privacy of her home she was awake but she could only look in horror as you went about stealing the Tongan artifacts, which she had collected over her long lifetime. Many of these valuable artifacts had been given to her by the late Queen Salote. What a terribly sad and miserable experience it must have been for that old lady to have lost all those priceless personal treasures that would have given her so much pleasure in the twilight of her years...”, said Mr Justice Ford. "The old lady now feels insecure and frightened.

"I regard this as one of the most ruthless and cowardly cases of house-breaking I have come across. She was your neighbour. That made no difference. It shows what a cold and ruthless person you have descended to."

He also singled out two robberies that Kafalava committed, the first using a 22-rifle gun to carry out a robbery of the Fung Shing Store at Kapeta, and the second robbery involved the violent attack of Paul Johansson, the proprietor of Friends Café after staking out his home at Sopu on the night of August 2, 2005.

Violent attack

In a joint enterprise involving Masima and Taulua Ta'ufo'ou, "You carefully planned the robbery of Paul Johansson of his takings from the café. You did your homework carefully over a month leading up to the attack, you checked out what time the café normally closed and you monitored Johansson's movements after he locked up the shop each night. You worked out that he would normally arrive home with the day takings between 11 pm and 12 midnight," said Mr Justice Ford. "You staked out Johansson's home in Sopu and waited. Jointly, you then carried out a violent attack on Johansson using a rock"

The victim suffered serious and critical injuries that required surgery and left him with a permanent injury to an eye.

At the Fung Shing Wholesale Store the offenders used a .22 rifle to carry out a robbery pointing it at a Chinese man in charge of the store and then hitting him over the side of the face with the butt of the gun.

...“Why you and your accused were not charged with armed robbery in respect to those two offences instead of simply robbery, I do not know,...” added the judge.

Machete

In an unsuccessful attempted robbery at a Chinese Store at Kolomotu'a on 24 March 2006, armed with a machete Kafalava struck a Chinese lady once with the machete on her head causing a small cut, and then punched her in the face.

Mr Justice Ford also said that from all the 60 offences, all the sentences he would have imposed would result in a total term of 176 years and ten months imprisonment. "But in our system of law where an offender is being sentenced at one time for a number of different offences, the court must ensure that the total combined sentence is not excessive or unjust, therefore a total sentence in the circumstances of this particular case is 14 years imprisonment."

However, the judge reduced it to 11 years imprisonment sentence after the judge took into account features such as the offender...’s guilty plea and him being in custody awaiting his sentence. But taking into account that Kafalava re-offended while under a two-year suspended sentence, for his conviction in 1999, the judge invoked the one year sentence that was pending, meaning Kafalava will serve a 12 years prison sentence to be concurrent.

Joe White Masima, 7 years imprisonment

Masima pleaded guilty to a total of 49 charges. They included housebreaking, conspiracy and abetment to housebreaking, theft, conspiracy and abetment to theft, robbery, conspiracy and abetment to robbery, causing grievious bodily harm, and use of illicit drugs.

He was initially sentenced to 9 years imprisonment but in considering that he had no previous convictions despite the number of charges, Mr Justice Ford suspended the last two years for three years from date of release. Meaning the offender will serve seven years imprisonment.

Mr Justice Ford told the court that according to the probation report the offender left Tonga for the United States in 1993 but returned to Tonga permanently in 2001, where he started working for a fishing company. He told the probation officer that he found he could earn more money from committing crimes than from working for a living. So like Kafalava and other mates he decided to embark on a career of crimes.

In relation to the attack on Paul Johansson, Masima was the one who struck the victim across his face with a rock.

...“This overall offending is extensive and serious and if it were not for your guilty pleas the court would have imposed a sentence in the order of 12 years imprisonment or slightly more,...” the judge concluded.

Taulua Ta'ufo'ou, 6 years imprisonment

Ta'ufo'ou pleaded guilty to 34 charges, many committed as joint ventures with one or more of the other co-accused. They included housebreaking, conspiracy and abetment to housebreaking, theft, conspiracy and abetment to theft, robbery, conspiracy and abetment to robbery, causing grievious bodily harm, conspiracy to grievous bodily harm, and possession and supply of illicit drugs.

He was sentenced to eight years imprisonment with the last two years to be suspended for three years. He will serve a six years imprisonment sentence to be concurrent.

Mr Justice Ford said that the Probation Report stated this particular offender as being in the ...“ very high risk...” category of offenders.

Ta'ufo'ou was the seventh of 14 children, and his mother told the probation officer that she believed he was badly influenced by his brothers. Ta'ufo'ou said that it was only after he was introduced to Masima and Paongo by Siaosi Latu that he started getting involved in the criminal scene.

In relation to the attack on Paul Johansson, Ta'ufo'ou confessed that he was prepared to walk away from the scene of the crime after finding out that the target was the boss of Friends Café but he was pushed towards the victim and was called a coward by one of the accused, enabling the other to take the bag from the victim...’s vehicle.

Feleti Paongo, 8.5 years imprisonment

Paongo was convicted on a total of 38 charges. They included housebreaking, conspiracy to housebreaking, theft, conspiracy and, abetment to theft, robbery, and conspiracy and abetment to robbery.



He was sentenced to seven years imprisonment, and added to this was an earlier conviction for housebreaking for which he was given a 18 month sentence that was suspended for three years on February 2, 2005. The judge invoked that particular sentence, which means Paongo will now serve an eight and half years prison term.

The offender...’s father left for New Zealand in 1984 when the offender was only six years old and his father ceased contact in 2004 when he remarried. His mother told the probation officer that his son changed his lifestyle and began getting into trouble when he learned in 2004 that his father wished to have no further contact with them.

Tuitu'u Ta...’ufo'ou, four years imprisonment

Tuitu...’u Ta'ufo'ou the brother of co-accused Taulua, pleaded guilty to 15 charges. They included housebreaking, abetment to housebreaking, theft, possession of an illicit drug, use of an illcit drug, posession of ammunition without a licence, robbery and abetment to robbery.

He was sentenced to four years imprisonment, which he will serve concurrently with each other.

Mr Justice Ford said the offender was the fourth out of 14 children and it was clear after discussions with his family that he was considered to be the ...“bad guy...” in the family. He freely acknowledged to the probation officer his involvement with marijuana, which he used to grow for his own use and commercial supply because it was a fast source of money.

Ta'ufo'ou had several previous convictions for housebreaking, and if it were not for his guilty plea; the judge would have imposed a sentence of anything up to six years imprisonment.

Siaosi Latu, 1 year imprisonment

Siaosi was sentenced to 2 years imprisonment with the final year to be suspended for three years after pleading guilty to a total of 23 charges. They included housebreaking, abetment to housebreaking, theft, abetment to theft, abetment to robbery, wilful damage to a building, conspiracy to commit an offence, abetment of a crime, supply and possession of an illicit drug cannabis, and use of an illcit drug.

The offender who had previous minor convictions for theft will serve a prison term of one year.

The judge said that his previous convictions were minor and there were promising signs that Latu was remorseful and had seen the error of his ways.

The judge also told the court that the probation report stated that the offender...’s parents had separated, and he had no contact with his mother since the split, and he attributed the trouble with the law to his experiences growing up with unstable parents and his involvement with the wrong people.

The offender was now married and his wife who was three months pregnant, had told the probation officer that since their marriage, she had seen big changes in her husband...’s life and he was now fully committed to church services and did not associate with his former criminal mates.

Mr Justice Ford however told him that he could not escape the appropriate punishment for the offences he was appearing for sentencing.

The judgement was made on 10 of May with sentencing on May 27.

Counsel for the crown was Mele Tupou. Masima and Paongo were represented by Mele Mangisi.