Importer fined for unlawful ammunition [1]
Friday, November 5, 2021 - 18:06
Viliami Malolo Talivakaola (43) was fined for the importation without a licence of restricted goods, namely 14,928 .22 rounds of ammunition, and possession without a licence of 131 rounds of .22 ammunition, in Vava'u.
Hon. Mr Justice Cooper sentenced him on October 15 at the Supreme Court in Neiafu.
On October 5, 2020 the accused pleaded not guilty to seven counts committed in July 2019 and the case was ajdourned for trial.
However, five counts were later withdrawn by the Crown on October 4 this year. The accused pleaded guilty to the remaining two charges, he was sentenced on.
Hidden in cargo box
The judge said the 4,928 .22 rounds of ammunition were imported into Tonga from the United States hidden in a cargo ;box, that had a false bottom. Also more ammunition were concealed inside a speaker.
"This importation was part of a bigger illegal importation of six riles and a further 450 rounds of ammunition. The Crown had accepted the pleas the defendant offered and I do not therefore consider the wider case against this defendant."
The accused had not been in trouble before and he pleaded guilty to these offences.
"Report and references shines a light on the fact that this man has positive good character and has worked caring for the community of Neiafu and is described as having ‘devoted his life to the well-being of others’ which he obviously has by undertaking tasks like cleaning abandoned houses and helping in the Government Primary Schools."
The judge in consideration of the impressive work reference fined him $650 pa'anga to be paid within six-months imprisonment or in default face one month in prison.
The guns and ammunition are to be forfeited.
Charges withdrawn
There was justification for withdrawing three of the counts of causing to import 'prohibted goods' relating to the rifles.
A Crown report, said this was because in an earlier criminal case of R v Vola Tuaimei'uta, Hon. Mr Justice Cooper ruled that arms and ammunitions are not 'prohibited goods'.
The Crown anticipated that the same rationale would be applied and removed the counts.
For the other two counts of unlawful importation of restricted goods, the rifles, the counts were withdrawn due to evidential reasons.
That prior to him travelling to America, these persons gave him their import licences to take to America, so that the firearms and ammunition could be purchased according to that allowed by the import licence.
In addition, when inquired with the Police Armourer whether it was lawful for the accused to import these firearms and ammunitions on behalf of these other persons who holds a valid import licence, he said “yes”, said the Crown.
The Crown then anticipated, that if this matter proceeded to trial it would not have sufficient evidence to prove its case beyond reasonable doubt, resulting in the withdrawal.