The recently appointed Governor of Ha’apai, Viliami Manuopangai Hingano (46) was found guilty today on unlawful possession of 198kg of turtle meat confiscated in a cargo onboard the MV 'Otuanga'ofa ferry last year.

The Supreme Court judge did not believe that the former Member of Parliament did not know the requirement of the law. “Ignorance of the law is not a defence to any offence.” he said.

Hon Justice Niu found him guilty on possession of the turtle meat out of the shell, without it being certified by an authorised officer that it came from a turtle of legal size, contrary to regulation 24 (g) of the Fisheries Management (Conservation) Regulations.

This was after a trial at the Nuku'alofa Supreme Court.

The judge in his verdict did not believe the accused’s evidence, claiming that he did not know that the law required prior approval of an authorised fishery officer before a turtle was killed. He also did not have any permit to kill turtles.

"I find that hard to believe when the accused said in his evidence that he had always known since he grew up in Ha'apai the time that turtle fishing was allowed, that is from March to July and that the back be no less than 45cm long."

This was in addition, to his background of being a director for the Ministry of Public Enterprises and a former Member of Parliament representing District 12 of Ha'apai, which included Lofanga, and having grown up and lived in Ha'apai.

Queen Salote Wharf

On March 20, 2020 the turtle meat was confiscted in a police joint operation with three fisheries officers at the Queen Salote Wharf in Nuku'alofa.

This was aimed to enforce fisheries laws and to see if there were any unlawful marine produce in the cargo of the ferry, MV 'Otuanga'ofa, which had just arrived that morning from Vava'u and Ha'apai.

A Police witness said the accused, who was standing by one of the ship's container on the wharf ,asked him what work they were doing. He told him they were inspecting the ferry's cargo for unlawful marine produce.

The accused was asked if he had any cargo, and he said yes, a small cooler of fish and turtle (meat). The accused agreed for them to inspect his cargo.

Police and fisheries officers inspected the cargo: a cooler and stand up freezer, which were both full of fresh turtle meat in crushed ice, two crayfish and six small fish.

The accused was not asked whether he had any permit for the turtle meat nor did he produce any. He was then arrested with his cargo.

No permit to kill turtles in Ha'apai

The Officer in Charge of the Fishery Office in Pangai, Ha'apai confirmed that the accused had no permit to kill turtles in Ha'apai.

The law is that only male turtles with shells (backs) of 45 cm or more are allowed to be killed and only from March to July annually and that before any male turtle is killed, an authorised officer must certify in writing that the turtle is of legal size. 

The witness also said they had forms for giving such approval and that in addition to the fisheries officers, the town officers were also authorised to give the required approval. 

He said that subsequent to a call from a fisheries officer in Tongatapu to check on the accused’s permit, the (accused) had telephoned him and asked if he could give a letter that the turtle meat be released to him. 

The witness told the accused “no” and that he had already told the fishery officer in Tongatapu that the accused had no permit to kill any turtle and that furthermore the witness had not seen the turtle that was killed, before it was killed. 

In addition, no one had asked for any permit to kill a turtle up to that day, he said.

Defence

The accused in his defence said on March 19, 2020 a person named Mohokoi Tongile'o telephoned him and asked if he could receive his cargo arriving on the ferry the next morning, as there was some fish in it for him too.

He was told to receive the cargo, take some turtle meat and the fish for himself and to hand over the cargo to a couple who would arrive from 'Eua to take it. He also said that the cargo of turtle meat was not intended to be his or that it belonged to him. 

The accused went to the wharf area of the vessel on the following day and saw the officers. He told one of them that he was there to receive a cargo inside the container and that it had turtle meat, crayfish and fish.

Police seized the cargo and took him with it to the police station.

The accused said, he did not know that an authorised officer must see the turtle and approve its killing before it is killed. He also did not know he had breached any law and that he only knew on the way to the police station that the law required approval for turtles. 

However, he knew by heart the time that turtle fishing was allowed because he grew up in Ha'apai, that it was from March to July, and that he also knew of the requirement that the turtle back (shell) be no less than 45cm ever since he grew up. 

The accused also said that he thought that such document was only needed if the produce was to be sent overseas. He also said that he did not mean to get the officer in charge of fishery in Ha'apai to give the document unlawfully.

Guilty

The judge after hearing the evidence, said the accused did know of the turtle meat because he told the police officer, before he had looked inside either the cooler or freezer, that there was turtle meat (out of shell) in the cargo. 

He ruled that the accused did have the mental element, the knowledge and guilty intent required to commit this offence. 

In addition, no evidence was given that the turtle meat in this case had been certified by an authorised officer that it came from a turtle of legal size. 

The defence counsel also claimed that the accused did not know that the law required that there be prior approval to kill a turtle. 

"I find that hard to believe when the accused said in his evidence that he had always known since he grew up in Ha'apai the time that turtle fishing was allowed, that is from March to July and that the back be no less han 45 cm long."

The fishery officer in charge in Ha'apai also confirmed in his evidence that every town officer in Ha'apai was provided with the forms for approval by the officer as an authorised officer of he killing of a turtle. 

He also said that the people in Ha'apai were aware that permits were required and that it was well known there and he cited a man calling from 'Uiha for a permit and bringing the live turtle to Pangai for the permit before killing it and sending it to Vava'u. 

“Having heard the accused's background of being a director in the Ministry of Public Enterprises and a former Member of Parliament representing for District 12 of Ha'apai, which included Lofanga and having grown up and living in Ha'apai, I do not believe his evidence that he did not know that an approval was required before a turtle was killed,” said the judge.

“If he genuinely thought that no such approval was required, how did he think a fishery officer would know, looking at the turtle meat only, that the turtle was a male turtle and a male turtle had a back or shell of 45 cm or more, if the back and the part of the turtle which showed its gender are not there?.

“How would he expect the law with regard to turtles be enforced if there was no such requirement for prior written approval? I do not believe his evidence about that at all,’ he said.

"Ignorance of the law is not a defence to any offence."

Having considered all the evidence given and the submissions of both counsels, the judge was satisfied beyond reasonable doubt that the accused did possess this 198kg of turtle meat out of the shell, without it being certified by an authorised officer that it came from a turtle of legal size.

He was then found guilty and convicted of the charge. He will have his sentencing submissions on May 5, before a sentencing date is set.

The accused was appointed by the King as the new Governor of Ha’apai effective on January 26 this year.