Joshua Halafihi 'Anitema (31) was sentenced to seven-years imprisonment for raping a teenager, while she was in custody.

Lord Chief Justice Whitten QC sentenced him on 13 May on two counts for rape and serious indecent assault committed in 2020. He was found guilty, after a five-day trial at the Supreme Court in Nuku'alofa in March.

He ordered that the complainant's identity and her evidence taken in the trial shall not be published.

The Lord Chief Justice in his written reasons for the verdict commented on this tragic case, and that the statutory powers of Tonga Police are for the prevention and detection of crime.

“The artifice in this case represents a very sad day for Tonga Police, surpassed only by the inestimably more despicable acts and breaches of trust inflicted by the defendant on the complainant.”

He said the Court commends those officers who remain loyal to their oaths, who maintain their integrity no matter the temptation and who call out such behaviour.

"It has no place within Tonga Police nor, for that matter, in Tonga."

Lord Chief Justice Whitten sentenced the offender to a concurrent sentence of seven-years imprisonment. 

However, he suspended the final year of the sentence for two-years on conditions. 

“As identified in the Crown's submissions, in order to conduct the somewhat vatical assessment as to whether an offender is likely to take the opportunity for rehabilitation offered by a suspended sentence, genuine acceptance of responsibility and demonstrated remorse are necessary catalysts for any hope of lasting rehabilitation.

“The defendant here has expressed neither. In fact, he has indicated that he is considering appealing the verdict, which, of course, is his constitutional right,” he said.

The Lord Chief Justice said, however, this sentence must be formulated on the basis of the verdict and findings of fact at trial.

“I am therefore ambivalent about whether suspension is likely to aid in his rehabilitation. On the other hand, I have also had regard to the fact that, as a former police officer, the defendant's imprisonment may impose greater hardship because he may be at risk of harm from other prisoners. But that is a risk he must be taken to have considered when he decided to commit the offence,” he said.

The Lord Chief Justice after weighing all those considerations in the balance, considered it appropriate to order that the final year of the head sentence be suspended on conditions.

"Any breach of those conditions is likely to result in the Defendant being required to serve the balance of his term of imprisonment."

The former police officer is now serving a total of six-years imprisonment.