Angry drunk guilty of serious arson [1]
Friday, June 16, 2017 - 17:30. Updated on Friday, June 16, 2017 - 21:31.
An angry, drunken man who wilfully set fire to a relative's house at Tatakamotonga, Tongatapu, was found guilty of serious arson, in the Nuku'alofa Supreme Court on 14 June.
Tevita Lao was remanded in custody for sentencing by Mr Justice Cato.
The judge said that the man's actions that night "demonstrated a callous disregard or indifference to the danger he was putting the occupants in, all who seemed to be members of his family, and were consistent with his being very angry."
There was evidence that an accelerant, that smelled like benzene, was used.
The accused had also talked about fire saying that night "when it's called for burning there will be burning, when it's called for fire, there will be fire" and he had previously set fire to things when angry.
The judge said the accused's very strange remarks before the fire had suggested a knowledge that a fire would occur, "and his earlier actions in setting fire to clothes after an earlier argument with his partner all of which in combination without reasonable doubt point in my view to the accused's guilt in deliberately commencing a fire which he would know would spread to the house."
Drinking
The offence occurred late in the evening of 7 December 2015, when the accused was drinking with a group of young men near the home belonging to an elderly relative, Amelia Lao. A witness, a girl named Kaneisini Kioa aged 14, said the accused was her uncle. She was at the residence with the accused, his partner, child and others, including her grandmother Po'uha Lokosuka, great grandmother Amelia Lao, and another relative 'Apiloni Lao who was also a witness. She saw the accused, who was drunk, take a bottle and sprinkle something in the hallway in the area of two bedrooms, and a few minutes later called for a match or a lighter. She did not give him a match.
Later her grandmother woke her up and she assisted her mother aged about 90 from the house. When they were outside she saw the burning for the first time and the accused was going around shouting.
Mr 'Apiloni Lao, aged 41 gave evidence that the accused was his nephew. He said a lot of people lived in the house. He said Tevita had gone and got drunk. 'Apiloni had admitted on the record that he saw the room that belonged to the accused was burning and he smelt benzene in the room. The fire came from the burning of clothes in a suitcase in the room. He also said he had seen the accused's partner, Siliva made it outside. She was hiding from Tevita who was calling out for her to fix him food. He said he had seen Tevita earlier in the living room. Tevita was drunk and his partner was afraid of him because when he asks for food and he is drunk and there is no food he beats her up. He said he saw him on that night beat her up.
The accused. Tevita Lao, gave evidence and said he had gone for a drink-up with the boys. He had got initially $50 pa'anga from his partner and brought one bottle of spirits. Then he got more money he said $150.00 from her later after they had finished that bottle. She had told him that he was being foolish.
The judge said he did not accept the evidence of the accused. "I can understand when sober the grim reality of what he did and the grave danger his actions posed for several members of his family, is understandably something which he would want to deny."
Lao was charged with one count of serious arson of a residential dwelling where he was living with others of his family. He stood trial before judge alone on June 12-13 and the verdict was delivered on June 14.
The prosecutor was Ms Fakatou for the Crown and the accused was unrepresented.