By Linny Folau

Faka’anaua ‘Akau (22) was today sentenced to additional 30-months imprisonment at Hu'atolitoli Prison for escaping lawful custody, serious housebreaking and theft committed in 'Eua. 

He is currently a prisoner for previous offences.

Lord Chief Justice Whitten QC sentenced him at the Nuku’alofa Supreme Court, after he changed his plea to guilty on all three counts in July. 

The court heard on September 14, 2018, 'Akau was initially sentenced to five and a half-years imprisonment for armed robbery, serious housebreaking and bodily harm in 'Eua. The final 12-months was supended on conditions. He was serving his sentences at Sainai Prison on ‘Eua.

On the current case, the accused committed the offences on May 31, 2020 at around 2:00am. Police were conducting normal patrols when they noticed that the complainant’s store was open. When Police informed the complainant, he reported that cash and goods were missing from his store. The Police went to check Sainai Prison for any escaped prisoners. On their way, they noticed empty biscuit and lolly packets by the side of the road.

At the prison, 'Akau and two other inmates, Viliami Kupu and Siaosi Langi were missing from their cells. A short time later, prisoners informed the police that 'Akau and Langi were in their cells. They were 
then taken to the police station. Kupu was later arrested as he re-entered the prison through a hole behind the toilet walls. 

'Akau also told Police about a vehicle. The complainant confirmed that his vehicle was also missing and was found some 600 metres from the prison. 

A search was carried out around that area and inside the prison for stolen goods and cash valued at around $21,044. Most of the goods were recovered but not the cash. 

Maximum Prison

On June 11, 2020 'Akau was returned to Tongatapu and placed in maximum security at Hu’atolitoli Prison.

He was removed from there on February 4, 2021 only to be put back in, after he was found in possession of cannabis, that same day and had reportedly been kept there since.

The Chief Justice agreed with the Prosecution that serious housebreaking ought be treated as the head offence.

He said the accused now had a significant criminal history and did not co-operate with the authorities.

“In addition, his lack of remorse and assessment by the probation officer, that he appeared to enjoy committing crime, including while inside prison, are strong indicators that he is unlikely at present, to take the opportunity afforded by another partially suspended sentence to rehabilitate."

No part of the sentence was suspended.

He said, in this case there was no evidence before the Court:

a. of the existence, or terms of, any maximum security order made by the Commissioner of Prisons in respect of the defendant;

b. that he continues to pose any of the risks specified in ss(2);

c. that the Commissioner has directed that the term of his order be longer than seven days.

"I have considered the Prosecution’s submissions and authorities referred to in relation to the time the defendant has spent to date in maximum security at Hu’atolitoli Prison of which some eight-months are a consequence of the instant offending."

In the circumstances it was appropriate on this sentence to allow him credit for the eight-months in maximum security, he had served as a consequence of this offending, he said.

"I also recommend that the Commissioner of Prisons promptly review this case and any other for compliance with the legal requirements of Part III, Division 4 of the Act."

Meanwhile, the prisoner will serve his additional 30-months at the completion of his current sentence.