Armed shooter jailed for injuring two young men [1]
Thursday, August 4, 2022 - 00:13
Kaluseti Holani (22) was sentenced to four-years eight-months imprisonment for several offences, including causing serious bodily harm, when he discharged a firearm injuring two young men, at Afa in January this year.
Lord Chief Justice Whitten QC sentenced him on 2 August at the Supreme Court in Nuku’alofa.
He pleaded guilty to seven counts of possessing an unlicensed firearm, trespassing with a firearm, discharging a firearm with intent to intimidate and two counts each for using a firearm without a licence and causing serious bodily harm.
These offences were committed in two incidents, first in October 2021 and then again in January this year, when the defendant armed with the same rifle as the first incident, went to Afa in the eastern disctrict, with the sole purpose of causing trouble.
The two injured were 19-year-olds, Peni Tu'itupou and Fatai Lolohea.
Youth fight
The first incident was on the morning of 16 October 2021 at Afa, when a fight broke out between of youths from that village and Niutoua, which resulted in some of the youths from Niutoua being rushed to hospital.
The Lord Chief Justice said one of them was the defendant's nephew.
The defendant drove past Afa and saw Peni drinking on the side of the road with some boys from Kolonga. He confronted Peni and they fought. When the fight was stopped, the defendant returned to his vehicle and said that he would be back with a gun.
Peni returned to his residence. While the defendant drove and parked in a yard behind Peni's house.
Peni came out to confront the defendant who then pointed a rifle at Peni and threatened to shoot him. Peni's sister intervened and pulled him back into their house. Peni's father then chased the defendant away and his mother filed a complaint with the police at Mu'a station.
Shots fired
However, on 8 January this year, the defendant again drove by Afa and saw two boys at a shop beside the main road. He stopped and pointed a rifle at them and said that he was going to shoot them.
The two boys ran off and the defendant drove toward Kolonga. Later that day, the defendant drove back through Afa, and one of the boys he had earlier threatened threw a rock at his vehicle.
The defendant stopped and fired the rifle into the air. At this time, Peni, Fatai and a group of other boys were standing nearby and ran off, when the shot was fired.
The defendant then drove off to Niutoua while shouting that he would be back. He later returned with others in his vehicle. When they arrived at where Peni, Fatai and the other boys were standing, the defendant got out of his vehicle with his rifle and fired three shots in the direction where the boys were standing.
The boys ran off and hid, while the defendant drove back to Niutoua.
One of the shots struck Peni's left elbow and another struck Fatai's left knee. They were immediately rushed to the hospital. The defendant was arrested the following day.
The Crown submitted aggravating factors, included the defendant threatening Peni with a firearm in broad daylight; the weapon and ammunition used were unlicensed and the attacks and use of the firearm were unprovoked.
He also went to Afa with the sole purpose of causing trouble and he used a deadly weapon that could have caused more serious injuries or death, said the Crown.
Lesser charges/Police non-action
The Lord Chief Justice said the overt violence displayed by the defendant in the second incident was capable of supporting far more serious charges.
"He is very fortunate not to have been charged with, for instance, carrying a firearm with intent to commit an offence, which carries a maximum sentence of 10-years imprisonment; and/or attempted murder, which carries a maximum sentence of life imprisonment."
He said the reasons for the decision to lay lesser charges are not apparent from the material filed.
“It may be observed, with similar bemusement, that notwithstanding Mele's complaint to the Mu'a police in October 2021, the second incident in January 2022 involved the same rifle as that used in the first.
“The information before me does not allude to what, if anything, the Mu'a police did in response to Mele's complaint of the defendant using a rifle to threaten,” he said.
"Clearly, they did not confiscate it. Nor, would it seem, was any action taken at the time to charge the defendant in relation to the first incident."
“In addition, the probation officer said, there were no attempts by the police to resolve the issues when it first occurred in October 2021.
"Had the police taken appropriate action, there is every likelihood that the second incident would not have occurred; certainly not with the same rifle. One can only lament at the apparent neglect by the Mu'a police which, indirectly at least, enabled the defendant to commit these offences and which could well have resulted in the deaths of two young men."
He then sentenced the defendant to four-years eight-months imprisonment.
The final 20-months is suspended for two-years on conditions. This meant the defendant is serving three-years in prison.
Meanwhile, the firearm was ordered to be forfeited to the Crown.