A prolific thief, Sione Mafi Lolohea (34) was sentenced to seven-years six-months imprisonment for serious housebreaking and theft, when he stole around $19,400 pa'anga worth of heritage koloa in 2019.

He stole from the house of a Senior Prison Warden, when he was released from Hu'atolitoli Prison in May 2019.

Hon Mr Justice Niu during sentencing on June 19, said over the years the accused from Popua had committed 37 offences, including some 21 housebreaking and thefts, as shown in his record of previous convictions.

The judge said Lolohea had caused much misery and sorrow to many people over many years, and it was clear from the probation report that he had made housebreaking and theft his means of livelihood every time he was released from prison.

"I and this Court have the duty, as the Constitution has directed, to protect the property of the people and that protection can only be achieved if you are incarcerated in prison by a sentence of imprisonment."

Stealing again

The Court heard, when the accused was a prisoner for other offences, he learned that the house of Senior Warden Pesalili Kailahi at Ha'ateiho was full of his wife's Tongan artifacts.

The house was unoccupied because the wife was overseas and the warden was at the prison compound, Hu'atolitoli. So when he was released from prison at the end of his prison sentence, he hired a vehicle and went to Ha'ateiho and cleaned out all the wife's properties. 

He stole 11 fuatanga toka, 10 worth $5,500, two lokeha worth $1,600, 39 Kie Tonga worth $7,800, two ta'ovala worth $1,800, two fala fihu worth $2,000 and one falavala worth 700, altogether worth $19,400.

Later on the same month, Police executed a search warrant at a home at Matangiake, in relation to stolen Tongan kava.

The accused was present at this home when the search was done.

Police found not only the stolen Tongan kava but several Tongan artifacts (three Kie Tonga and one ta'ovala). The accused was arrested and taken into police custody.

In June 2019, Police contacted the complainant who confirmed that the Tongan artifacts found at this residence were his. The accused then admitted to the complainant that he came in a rental car and burgled his house. 

Most of the properties stolen were not recovered and no compensation has made or paid by the accused.

Criminal history

The Court heard, the accused had a long history of offendings.

The Probation Officer said the accused said he began offending and had been sentenced to prison terms since 2000.

He re-offended repeatedly over the years, mostly housebreaking and theft, up to now, and had been sentenced to prison some 10 times.

In 2019 alone he had six convictions, mainly involving housebreaking and theft, and made no effort to rehabilitate his way of life.

The judge said, the accused had made a life of crime and the safest place for him for the sake of the community was in prison, because he just continued to commit an offence as soon as he was released back into community.

"You cannot deny and you cannot pretend not to know the miseries of all the people whose houses you have broken into and whose properties you have stolen from there. All those people have suffered. They had worked hard to earn those properties and were entitled to have them. They have the legal and constitutional right to own those properties."

In addition, the Constitution provides for the protection of people's properties.

The judge said, that protection can only be achieved if the accused is incarcerated in prison by a sentence of imprisonment, and that protection only lasts until he comes out again.

The accused was then sentenced to this lengthy imprisonment term for his offences.