Hoeft pleaded guilty to the offence when he punched the complainant, 'Amipeliasi Lauti (25) and split his left eyebrow.

Hon. Mr Justice Niu in his sentencing remarks released on June 29 said, both Hoeft and the complainant were police recruits on November 23 last year, the day of the offending.

He said, according to the summary of facts, Hoeft and several other young police recruits were residents at the police quarters.

"One of the recruits was a female with whom he was very close to because of his family, that is his parents and her parents were very close friends."

“In addition, the summary does not say but on this particular evening, Hoeft learnt that the female recruit had been indecently assaulted by the complainant male recruit. 

“You went straight away went and looked for him in his room but he was not there and you went elsewhere, and after a short while, he returned to his room. Not long after that, you returned and found him there sitting on the bed and you punched him just above his left eye and split his left eyebrow,” he said.

The victim was taken to hospital and his injury was stitched up. The medical report of the injury stated that there was a superficial laceration to the left eye and that left eye was swollen. 

The judge said, that defence counsel said that his client had apologized to the complainant and that he accepted it. 

"He also informed me that the complainant has been charged with indecent assault. He said that despite your present offence, you have not been suspended and that you are still working as a policeman."

Police character

The judge said, although Hoeft did not use a weapon such as a knife or stick or stone, his fist did still caused the cut to the victim's eyebrow.

“Your knuckle could have missed his eyebrow and hit and squashed his eye ball instead so that he would be blind in the left eye altogether, and you would have been guilty of causing grievous bodily harm with imprisonment of up to 10-years,” he said.

"This is also serious because you did it whilst you were already a police officer, albeit a newly recruited police officer. You did it out of anger, such that you concluded that the victim was guilty and proceeded to punish him for an offence for which he had not yet been charged or convicted."

The judge said, all too often police jump to such conclusion and treat the accused person as if he has. “You would have been taught that everyone is presumed innocent of any offence until the Court has found that he is guilty of it. 

“If you have reasonable grounds to believe a person has committed an offence, it is your duty to bring him to the Court and charge him with it. You must never treat him, let alone punish him, by beating him or by locking him up, because you think he is guilty. By doing that, you become the offender instead, and you should not be a policeman at all,” he said.

The judge accepted that the accused was young and had made mistakes from which he would learn.

“I accept that the Commissioner of Police would have considered that you have the qualities that would make you a good police officer and has accepted that you have acted out of character in this instance, because of your close relationship to the female recruit who was indecently assaulted, and that he has decided not to suspend you for it. I also accept that you would not have done what you did had not the complainant done what he did to her,” he said.

"I consider that there are extenuating circumstances, by which you came to commit this offence were unusual and even exceptional because of your personal relationship to the victim of the indecent assault."

The judge then ruled that Hoeft be placed on good behavior for one-year, effective from May 26 this year.

If he complies, he will be discharged without conviction and without any further proceeding.