Housebreaker convicted of serious indecent assault [1]
Friday, May 28, 2021 - 18:23. Updated on Friday, May 28, 2021 - 18:42.
By Linny Folau
Faleu Tailoni Mafi was found guilty of serious housebreaking and serious indecent assault committed on a woman, who was asleep at her residence in Tokomololo.
Lord Chief Justice Whitten QC found him guilty on both offence, after a trial earlier this month at the Nuku'alofa Supreme Court.
The offences occured on April 2, 2019 when the accused entered the complainant's residence and committed the serious offence. The complainant and the accused were known to each other.
The Chief Justice did not accept the accused’s evidence.
"The logic or plausibility of his simple account that he was at the house that evening only to recover monies, he considered were owing to him for the use of a rental car was belied by subsequent events."
Meanwhile, he found that the complaint’s evidence established each of the elements of serious indecent assault.
"The accused entered her house as a trespasser, meaning that given that the complainant was asleep at the time, he did not have her permission to enter and he did not leave when she demanded he do so, and he was there with the intention to commit a crime, namely, serious indecent assault."
“I am satisfied the Crown has proven its case beyond reasonable doubt and I find the accused guilty on both counts,” said the Chief Justice.
He will be sentenced on June 22.