A young couple received a two-years fully suspended sentence for theft, when they stole Tongan artefacts valued at $62,000 pa'anga from the wife's grandmother in Kolofo'ou.

‘Ana Moala (22) and Malakai Tu’itavuki (23) who were each charged with theft had pleaded guilty to the offence, at the Supreme Court.

Lord Chief Justice Whitten during sentencing on November 18, said the complainant Mrs Po'oi was 'Ana's 69-year-old grandmother.

After considering mitigating factors, he said it was appropriate in all the circumstances to suspend the whole of the sentences, on strict conditions.

"This, it must be stressed, is an unusual case. Rarely is the victim of a property related offence themselves related to the perpetrator. Even more rare is the level of forgiveness that has been exhibited by the victim here." 

“However, to eschew any perception that they may have 'gotten off lightly', the suspended sentence will be fortified and balanced by appropriate conditions to ensure the deterrent effect on them and any within the community who may be unwise enough to consider this type of offending in the future,” he said.

Theft

The Court heard, the grandmother became ill and had to move to Vaini to stay with 'Ana's family so they could look after her.

On March 17, this year the accused went to the grandmother's home and stole a number of Tongan artefacts. 

None had been recovered, with the proceeds apparently spent on food and clothes.

When the grandmother became aware of the disappearance of the artefacts, 'Ana admitted her involvement in their theft. She also told the authorities the identity of the buyer. 

‘Ana had also expressed deep regret for her offending.

The Chief Justice said the matter demonstrably upset the grandmother, according to the probation report.

The grandmother said the only reason she went to the police was to recover the artefacts from the buyer. It was not her intention to take the accused to court. 

In addition, her health was deteriorating and 'Ana had been looking after her by cleaning, doing her laundry and cooking duties.

On August 7, the grandmother wrote to the Attorney General's Office seeking for the prosecution's case against the accused to be withdrawn. 

She described the items stolen as family heirlooms that she had kept over the years, including fine mats she had woven herself. When she found out the items had been stolen, she was heartbroken as many had been passed down to her and were of great sentimental value.

At her elderly age, she was no longer able to weave. Therefore, the items were also irreplaceable, the Court heard.

Complaint

The grandmother said she originally took her complaint to the police to teach the two a lesson, and what they did was a very serious matter, and she wanted the buyer of the artefacts to be prosecuted. 

The vendor was identified as another vendor at Talamahu Market.

“Unsurprisingly, on August 12, the Attorney General responded that due to the seriousness of the offence knowingly committed by the defendants, the Crown would not withdraw the prosecution.”

Mitigating factors for the two, included their guilty plea at the earliest opportunity, first-time offenders and the fact that the grandmother did not want to proceed with the prosecution as she has forgiven them, among other reasons.

The Chief Justice sentenced the accused to two-years imprisonment each, which was fully suspended for a period of two-years, on conditions, that they must not commit any offence punishable by imprisonment, placed on probation during suspension, and they must carry out 100 hours of community service, among others.

T“his result may be viewed as an example of the maximum leniency the court can responsibly allow, while still balancing other competing considerations and community expectations in the sentencing process for a significant theft.”

He said, it should not be interpreted as a precedent for future cases involving substantial sums, which offenders might wish to rely upon in support of a plea for full suspension.

"As stated, this is an unusual case, with extraordinary family factors at play. But for the love and forgiveness shown by the complainant, and the likely further adverse impact on her if the defendants were sent to prison, they would surely be serving a substantial portion of the sentence in prison."