Acquittal for man in firearms importation case [1]
Tuesday, August 31, 2021 - 20:28
Vola Tuaimeitu’a (59) has been found not guilty and acquitted on charges relating to the importation of firearms without a license. The firearms were seized in a crate, which arrived from the United States in January, 2020.
Hon. Mr Justice Cooper made his ruling and verdict at the Nuku'alofa, after a trial earlier this month.
On January 14, 2020 Customs Officers who were working at S.F. Oceania found firearms inside the defendant's crate. The firearms were 2 x .12 shotguns and 1 x .22 magnum rifle.
The Police asked the accused whether he had an import licence for the firearms and he said no but he provided an import licence of Sione Siokivaha Taifonoi Fua. The licence was to import 1 x .12 calibre shotgun.
The firearms were later handed over from the Customs Officers to the Police and were examined by the Police Armourer, who found them to be real and in good working conditions.
The judge said, 'Eliki Tomu, a police armour in his evidence said part of his duties is to process import licence applications. The witness confirmed that the two.12 shotguns and the single .22 Magnum shot gun the prosecution produced in Court, were the subject of the indicment, and were imported without a license.
He confirmrf that an import licence was applied for in January 2020. The process was that all the documents for submission with the application had to be collected together. The applicant then had to complete the firearms training.
This was all done by January 23, 2020 when the training was completed. He thought that the application for importation was made, after January 15, 2020 when he had received the guns, said the witness.
Defence case
The defendant in his evidence said, he started applying for his licence to import the firearms in about August 2019, after he had received communication form the United States that the shipment was to be sent to him.
He approached Officer Tomu, the armourer and submitted the required documentation from the Ministry for Agriculture, the town officer and then went on to arrange and complete his training that same year, 2019. That training covered both the operation and safe keeping of firearms and took place at Longolongo.
The defendant said, he was told by Officer Tomu that he needed to wait to receive his licence. He also rejected that it was January 23, 2020 when he completed his training and produced his arms examination paper.
In addition, the defendant's evidence was that he completed it in 2019 and that when he started his licence application the consignment had not been sent, nor packed.
He was informed by Officer Tomu that he was allowed to own two different sorts of firearms. His contact in the United States, Lipina, told him there were three firearms in the consignment. He then started making his licence application some time August/October 2019 and went to see OfficerTomu a few times, sometimes he was not at his office, he said.
On January 14, 2020 the defendant recalled going to the docks and arriving and informed the authorities of the shipment containing the firearms.
He filled out the "Importer Authorisation and Declaration Form" and signed it.
The defence case was that the defendant had let all the authorities know what the contents of the consignment was and had signed it all over to the Tonga Police, he had acted in a lawful manner, said the judge.
Restricted goods
Meanwhile, the Customs and Excise Management Act under section 95 concerns the unlawful importation of restricted goods to be the offence in question, said the judge.
By virtue of section 45 those items that are restricted are listed in Schedule1 of The Customs and Excise Management Act Order 2007; setting out, list two; Restricted Goods, item 1 "Firearms and ammunitions except with a licence issued in accordance with the law.
He said it is therefore the provision in Section 15 that Mr. Tuaimei'uta can fairly say he avails himself of.
"The defendant did everything in his power to get a licence in a timely way, that he declared the exact contents of the goods before the consignment was opened and the goods passed into the custody of the police as soon as they arrived in the Kingdom and were found."
The judge therefore found that the provision in section 15 of The Arms and Ammunitions Act applied and he had not committed an offence under this section. And by virtue of Schedule 1 The Customs and Excise Management Act Order 2007; Restricted items, point 5, he had not committed an offence under S.95 The Customs and Excise Management Act, he said.
The defendant was acquitted and was found not guilty.