The Governor of Ha'apai, Viliami Manuopangai Hingano (46) was today fined $12,500 pa’anga for unlawful possession of 198kg of turtle meat seized at Queen Salote wharf in 2020.

The conviction and sentencing of the former member of parliament was the first case before the Court under the conservation laws for marine, since its enactment in 2008 (Fisheries Management Conservation Regulations).

Hon. Mr Justice Niu sentenced Hingano at the Nuku'alofa Supreme Court, after finding him guilty in March 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. This is contrary to regulation 24(g) of the Fisheries Management (Conservation) Regulations.

Saving turtles from extinction

The judge said he would not be enforcing the law properly and achieve its purpose to conserve the turtles and save them from extinction in our waters, if he did not impose a hefty fine and deter others.

He noted that Hingano has the ability to pay this fine as confirmed through his counsel; he receives a salary of $1,400 fortnight as Governor, a total salary of $36,400 pa'anga. He has other income as a board member of the Government Markets and Small Industries Center and he also owns and operates his own construction business.

Failure to pay this fine within three-months from today, would result in six-months imprisonment.

Aggravating denial

The turtle meat was confiscated in a cargo onboard the MV'Otuanga'ofa ferry, which arrived in Nuku'alofa on 20 March 2020 from Vava'u and Ha'apai.

The judge did not accept that the accused was not aware that an authorised officer was required to have certified the killing of these turtles in writing before they were killed.

“I consider that you knowingly went to collect the turtle knowing that it had no certificate. You already knew there was no certificate," he said.

According to the accused’s evidence during trial, he was asked by Mohokoi Tongile'o by telephone from Ha'apai on the evening of 19 March 2020 to receive for him a cargo, which he sent on the M.V. 'Otuanga'ofa vessel, which arrived at Queen Salote Wharf, on the following morning.

Hingano was to then hand it over to a couple who would arrive on a vessel from 'Eua, later on the day so that they would take it to 'Eua for a Church Conference there. The accused also claimed that Mohokoi told him that the cargo included turtle meat and that the fish in it was for him, but he could have some of the turtle meat for himself.

The accused also told probation that this incident had brought shame and ruined his reputation and his family.

No sign of remorse

“Although he accepted the court's decision, he still maintained his position of innocence. He also did not show or convey any sign of genuine remorse or regret of what he did because you still deny that you have done wrong.”

Meanwhile, the judge said with this type of sentence the Act provides that it be dealt with by a fine, because it only provides a very high maximum fine of $250,000 for breach of any of the regulations.

The Officer in Charge of Fisheries in Ha'apai had advised that turtle meat was being sold at between $10 and $20 per kg and that a big sized turtle was about $800 per turtle and that a small sized turtle was about $300.

"The sentence of this Court must be such that it denounces such action that was done in this case, and that it must be such that it is a deterrent in order that others would not commit such offence again."

Offence to kill a female turtle

He said because of commercialisation and endless demand, not only locally but also overseas, and because of depletion and possible extinction of certain species strong measures are required to be taken to ensure that those specifies are not depleted or become extinct in our waters. Turtles are one of those species. 


“Turtles are naturally rare themselves, unlike the fish or other sea life. The female turtles lay and bury their eggs in the dry sand of remote and uninhabited islands to hatch on their own. While this law makes it an offence to kill a female turtle at all for obvious reason, because it is the one that lays the eggs. To ensure that the fisherman does not kill the female turtle, and dispose of its parts which shows its gender, and then comes to shore and claim that the turtle was a male turtle, the law requires that before any turtle, male or female is killed, an authorised officer must inspect it and certifies it in writing that the killing of the turtle is approved,” he said.

At the same time, in this case the three turtles were killed without any authorised officer having verified that they were male turtles.

“No parts amongst the meat shipped down to Tongatapu indicated that they were male or female turtles. Even, Mohokoi was silent about the gender of the turtles, when he wrote his letter. He also did not even come to give evidence at the trial,” he said.

Burden of care

The judge said that in addition, this law placed the burden of care and attention upon the fisherman and upon the agent of the fisherman, such as the accused, and upon the recipient of the cargo, the couple from 'Eua to ensure that an authorised officer had approved and certified in writing that the turtle be killed, before it was killed.

“If that requirement is not followed and upheld, then turtles would continue to be killed and sold without check and much sooner than later, Tonga will have no more turtles in its waters. I have spoken at length about the seriousness of your offence because, according to the probation officer, you appear to think that you did not do anything wrong, that you were quite innocent,” said the judge.

"I want to assure you, that what you did wrong was that you failed to ask Mohokoi whether an authorised officer had certified the killing of the turtles. The law requires that you make that inquiry and if you are not shown the certificate of approval of the killing of the turtles, then you ought to have refused to have possession of the turtle meat, because it is an offence to have possession of such turtle meat."

The judge also did not accept submission from the accused, that he was not aware that an authorised officer was required to have certified the killing of these turtles in writing before they were killed.

Knew meat had no certificate

"I consider that you knowingly went to collect the turtle knowing that it had no certificate. That is because you did not ring Mohokoi to ask him for the certificate; you rang the fishery officer at Ha'apai to ask him to issue the required certificate instead. You already knew there was no certificate."

“Due to the quantity of the meat, this was not just for personal consumption but for commercial purposes, which was for sale to the public for profit. I also do not think it was intended to be taken for the Church Conference at 'Eua at all,” said the judge.

"At the same time, the accused did not tell in Court when he gave evidence who the names of the couple from 'Eua were. Even in your mitigation you never mention their names. You have provided no letter from them to confirm that they were the intended recipients of the meat. Mohokoi makes no mention of the names of that couple, as well."

The judge said what aggravated the accused position was not only his party to the proposed sale of the turtle meat, but that he tried to hide that fact from him, while giving his evidence.

“This was a commercial operation for profit and because the accused has not been frank with the facts relating to this matter, I am left to wonder whether there have been other shipments of cargoes of turtle meat in the past. I have to take into account that this turtle meat was for sale for profit as the large amount of turtle meat itself confirms that,” he said.

The judge then fined him $12,500.

"I do not think this is unreasonable. I consider it imperative that I do so in order that our meagre resources in our waters are properly conserved."

The turtle meat and shell was ordered to be forfeited to the Crown.

The accused, who had no previous convictions, is a former Member of Parliament, namely a People's Representative for Ha'apai.

His position of Governor, was approved by the King in January this year, at the recommendation of the Prime Minister.