Afimeimo’unga Hola (40) received a suspended sentence for two counts of using a service to abuse and causing harm by posting an electronic communication.

Tonga Police said this was the first person to be convicted under an Electronic Communications Abuse Offences Act (ECAOA).

At the Magistrate's Court in Nuku'alofa, the accused was sentenced by Magistrate Penisimani Ma’u to 11-months imprisonment, which was fully suspended on conditions on 27 May.

He had pleaded guilty in March.

Afimeimo’unga a.k.a Panuve on Facebook had abused and caused harm to the plaintiffs/complainants Mr Rajnesh Narayan Reddy and Mr Aman Lal. 

He stated in a live video on Facebook “the Indian nationals who each operates the two water tank companies, one with light green colour and the other with dark green colour, one at Hofoa and the other at the Small Industries, are those who import illicit drugs and assist with the production of methamphetamine here in Tonga and other drugs.” 

Crown Counsel Tupou Vainikolo said this was a very serious crime that is trending nowadays with electronic communications and mostly through Facebook. 

Afimeimo’unga, who has many followers on Facebook, not only broadcasted the offences but also enticed others to commit arson during his live. 

The plaintiffs stated that this had affected them emotionally as well as their company’s reputation (M&J Water Tanks & Rotomould Tonga Company Ltd), while causing fear and anxiety. 

Mr Reddy testified that as a result there was a blaze set to his business which caused damages of over $1,000.

Mr Lal said this also damaged the financial state of his business.

Suspended sentence

In section 4 of the ECAOA, any person that contravenes subsection (1) shall be guilty of a serious offence and shall be liable on conviction to a fine not exceeding $10,000, or imprisonment not exceeding 3 years, or both. 

However, being the first case of its kind, a similar case from New Zealand, New Zealand Police v Spencer Stephens (2019) NZDC 2013 was adopted to guide the verdict in this case including other factors; a first-time offender, the provider for his family, had shown remorse over his actions and asked the complainants for forgiveness. 

The Magistrate then sentenced Afimeimo'unga to 11-months imprisonment, which was fully suspended for two-years on conditions, including 70-hours of community service.