By Linny Folau

Ma‘ake Kali who was found guilty of the theft of goods valued at around $20,970 pa’anga from a home in Pili, will be sentenced in November 1 at the Supreme Court.

Hon. Mr Justice Cato in his verdict on September 26, said the accused was charged with two counts of serious housebreaking and theft, which occurred between February and May 2018, with co-accused Samuela Hafoka.

In April, Hafoka pleaded guilty to similar charges and received a fully suspended sentence. While, the accused who was living next to the home he stole from, denied the charges.

The complainant had moved elsewhere with his family leaving their home vacant. They returned to find their goods stolen, including beds, chairs, filing cabinets, drawers, a washing machine, clothes, stoves and other household items.

The judge said he found the accused guilty of theft on the basis of Hafoka’s evidence that both were involved in the theft.

The accused also admitted to taking the goods inside his house knowing it was unlawfully obtained. 

However, he challenged Hafoka's evidence, maintaining that he had not gone into the house. He said there had been no plan that both he and Hafoka to enter the house or steal goods.

The judge said, the accused had an obvious motive to steal the goods because he was in debt and knew the adjacent property was vacant.

"I have no doubt that the theft was planned by him and was not the unsolicited work of Hafoka as he had suggested. I have no doubt that the accused in is guilty of theft."

Housebreaking

On the housebreaking charge, the accused was acquitted, after the judge found no independent evidence implicating him.

"There is no forensic evidence such as the accused's fingerprints in the house for example, which would provide corroboration of his entry, which he consistently denied."

The judge then ordered the accused be placed in custody for sentencing.

Meanwhile, Hafoka was sentenced to two-years imprisonment, which was fully suspended on conditions.