Sione Latu Kiteau (45) who was convicted of possession of sea cucumbers during the closed season was fined $200 pa’anga to be paid within two-months.

Lord Chief Justice O.G. Paulsen during sentencing on April 17, said it took seven years for the charge to be brought against Kiteau in the Magistrate's Court.

"I had requested an explanation for the delay in the charge. The file was not passed to Crown Law until September 2017 so it is not to blame. However no other explanation was provided."

The offence took place on November 2, 2011 at Patangata, when the accused was found with a significant number of sea cucumbers, while the harvesting season was closed.

Kiteau accepted that he was in possession of the sea cucumbers and that he had harvested them from around the island of ‘Onevai where he lived with his family. He was unaware that it was the closed season. 

He is married with eight children, of whom six are at school and two had yet to go to school. He is the only breadwinner in the family and makes a living by fishing, which he has been doing since he was 16-years-old, and earns about $200 per week, although this is weather dependent. 

“Kiteau said that if he has to pay a substantial fine he will need to keep three of his children back from school so that they can help him fish. I believe he is genuine about that,” said the Chief Justice.

The Crown accepted that in the particular circumstances of this case it was appropriate to impose only a nominal fine of $200. Kiteau said he is able to pay a fine of that amount.

Kiteau is a first time offender with no previous convictions who unknowingly committed the offence and that there is a substantial degree of unfairness in having him before the Court, after seven years with no explanation of the delay. He expressed remorse and is unlikely to reoffend. 

I am also satisfied that he does not have the means to pay anything other than a nominal fine when he is supporting a large family on just $200 per week, said the Chief Justice.

"In the unusual circumstances of this case, particularly given the delay I have mentioned, I had considered discharging Kiteau on a good behaviour bond but on reflection I do not consider that would be a proper outcome given the significant number of sea cucumbers he possessed. I consider that a financial penalty should be imposed as proposed by the Crown."

He was sentenced to pay $200 fine within two-months from April 17 and failure to do so will be imprisonment for 14-days.

“It should be noted that this sentence is a reflection of the peculiar circumstances of this case and the level of the fine should not be considered a precedent in future cases.”