Suspended sentence for Kolofo'ou Town Officer [1]
Tuesday, November 9, 2021 - 18:15
Vailoa Kavaliku (56), a town officer of Kolofo'ou, was sentenced today to one-year imprisonment sentence for causing serious causing bodily harm, when he hit a man on the head using a piece of timber in Kolofo'ou. The sentence was fully suspended.
Hon. Mr Justice Niu sentenced the accused at the Nuku'alofa Supreme Court, after Kavaliku pleaded guilty in August.
He committed the offence on March 5, 2021 when he hit Tu'amelie Mahe, the complainant with a piece of timber on the head, causing injury.
The judge said, the complainant is close to the accused because he is related to his wife. The accused had repeatedly told him not to come to the kava club, when he was intoxicated with alcohol because he was noisy, abusive and disrespectful to the elders at the club.
On this occasion, the complainant took a bag of fish from the refrigerator of the club without permission and sold it and bought alcohol, which he consumed and when drunk, he came to the club and did as he had done before.
“That fish was intended for handicapped children. The accused was therefore embarrassed and was very angry with him. He then got up and hit the complainant on the head with the timber, causing a cut to his scalp about 9cm long,” said the judge.
The accused had no previous convictions.
Town Officer
Meanwhile, probation reported that he had been the town officer of Kolofo'ou for the ast five-years, earning a fortnightly salary of $581.
The probation officer reported that the complainant told her that he did not blame the accused for what he did to him. The accused accepted that he had abused his relationship with the complainant by repeatedly committing disorderly behaviour in the area, in which he was the town officer, and especially by stealing the fish.
The complainant was also reported to have asked the accused for his forgiveness and he had forgiven him.
The probation officer received eight letters from persons who had spoken well of the accused. Some of those letters were from Sefita Tangi, Auditor General, Hon. Samiu Vaipulu, Minister of Justice and Hon. Hu'akavameiliku, the Minister of Education, among others.
The accused was a first offender who pleaded guilty and cooperated with the police. He was remorseful for what he had done, and blamed himself for what happened because he ought to have exercised restraint and not lost his temper.
The judge also considered the recommendation of the probation officer and of Crown Counsel and agreed with their recommendation, that the accused be sentenced to one-year imprisonment, fully suspended for one-year.
However, he disagreed with the Crown submission that he serve 60-hours community work.
"I fully accept the statements of the several reputable persons who have spoken on your behalf as to the great, consistent and tireless efforts you have devoted to the community of Kolofo'ou, and that you have performed those services . Your duties as town officer for five-years now. You have earned the gratitude and support of the community by electing you twice as their town officer."
The judge then did not think he should be ordered to serve any community service.
"I know that you will continue to serve your community as you have been doing like you have been doing in any event."
He then sentenced him to one-year imprisonment suspended for one-year. This on the condition that he does not commit any offence punishable by imprisonment, within the period of suspension.