Man fined $10,000 for importing concealed rifles and ammunition [1]
Friday, September 2, 2022 - 17:43. Updated on Friday, September 2, 2022 - 21:47.
‘Elikisoni Langi (67) was fined $10,000 pa’anga for importing prohibited goods, 5,000 rounds of ammunition and five .22 rifles, concealed inside a crate at the wharf in 2019.
Lord Chief Justice Whitten QC sentenced him on 1 September, at the Supreme Court in Nuku'alofa. He pleaded guilty to two counts on 21 July.
The defendant did not have an import licence for the arms and ammunition.
This offending was on 28 May 2019, at Ma'ufanga, and discovered during a routine inspection of imported consignments involving the Detector Dog Unit, carried out by Officer Punaivaha.
The Lord Chief Justice said, during the inspection, the police dogs indicated four wooden crates, belonging to four separate owners namely, Paula Taufa, 'lsikeli Kivalu, Velonika Pepa and Tapaita Hu'akau.
Officer Punaivaha profiled the indicated crates and passed on the list to the Customs Supervisor, Siunu'u Sakalia.
On 5 June 2019, the Customs Supervisor asked Officer Punaivaha to inspect one of the crates, belonging to Tapaita. Inside the crate were four buckets of laundry detergent, which contained a total of 5,527 rounds of .22 calibre ammunition.
A closer inspection of the crate revealed a double floor compartment concealing five .22 rifles wrapped in aluminium foil.
The arms and ammunition were not declared.
The court heard, that Tapaita was contacted and informed of the above contents of the crate, and after being cautioned, Tapaita was taken to the Customs Office, at the wharf and shown the rifles and ammunition.
Tapaita informed the Police that the crate belonged to her uncle, the defendant here, and that she only knew that day that the crate was brought under her name as she went to the shipping company to have it cleared.
When the police questioned the defendant, who was also present at the wharf, he admitted that the crates and their contents belonged to him.
Defense counsel, Mr. Tu'utafaiva, submitted that in 2019, friends of the defendant asked him to procure firearms from the United States for the purpose of animal hunting and safeguarding their plantations.
“Most of them told the defendant that they had firearms licences, so he agreed to import the firearms for his friends and intended for them to then go to the Ministry of Police and license their firearms,” claimed the counsel.
On other hand, the Crown said the arms and ammunition were never declared, the defendant never made an effort to apply for a licence, and the manner in which the arms and ammunition were concealed illustrated wilful disregard to the law and overt criminal intent, and the quantity of arms and ammunition were substantial.
Concealment
Lord Chief Justice Whitten said, section 95(1) of the Customs and Excise Management Act provides that any person who imports or exports or causes to be imported or exported any prohibited goods or who unlawfully imports or exports restricted goods commits an offence and shall be liable upon conviction to a fine not exceeding $100,000 or to a term of imprisonment not exceeding 10-years, or both.
"As I indicated at the defendant's arraignment, the circumstances in which the firearms and ammunition were concealed are of serious concern. They indicate a wilful and knowing disregard for the law, a clear attempt to circumvent it, and thus a greater level of criminality than is usually experienced for this type of offending, which often involves a 'mistiming' between genuine applications for import licences and the arrival of the imported firearms."
The Lord Chief Justice in convicting the defendant, fined him a total of $10,000 pa'anga.
"The fine is to be paid within three-months, failing which, the defendant is to be imprisoned for three-months."
In accordance with s.108 of the Customs and Excise Management Act, it is declared that the Chief Executive Officer responsible for Revenue and Customs may order that the firearms and ammunition the subject of this proceeding shall be liable to forfeiture, he said.