Man fired rifle to intimidate relatives [1]
Tuesday, September 13, 2022 - 19:34
Nesiasi Kamoto (49) was found guilty of discharging a a .22 rifle to intimidate his relatives, who were living at his tax allotment in Tofoa at the Supreme Court.
Justice P. Tupou KC convicted him on the one count on 9 September, after a trial in August. He had earlier pleaded guilty to possession of arms, without a licence.
The accused was charged in that on 8 October 2021, with intent to intimidate, discharged a .22 rifle near Tevita Silivamaile and others.
The relatives, Pauline Luka, her sons Tevita Silivamaile and Semisi Taunaholo, were all present at the scene, and all gave evidence for the prosecution.
Pauline (72) said she is a blood relative of the accused and that she and her sons, lived on the accused's tax allotment at Tofoa.
The judge said her summary of evidence; was that on the day of the incident, they were at their home at an outside patio tying up brooms and removing the green from the coconut leaf to expose the sticks for the broom (ha'alo).
At around 8:00am, the accused and his wife arrived with the accused carrying a firearm; she told the court that the accused was drunk as she could smell the alcohol on him
Pauline expressed her concern about the firearm and damage to Tevita's crops by saying to the accused, "Why are you here with a firearm, is there a war? You have cut down the trees causing them to fall on Tevita's crops".
She said the accused responded by approaching Tevita saying ''you were told to cut down the trees, aye Tevita" and kept repeating "aye Tevita", while slapping him on the face;
When the accused poked Tevita's mouth with the butt of the rifle, Tevita got up saying words to the effect that they were fed up with his controlling attitude and lunged at him and they fought. At some point the accused fell to the ground.
The court was told that Semisi, Kalafitoni, Semisi's wife Mele and the accused's wife got involved to break up the fight. When the fighting stopped the accused was helped up by his wife, he got the gun loaded it and said words to Tevita and the others, to the effect of, "I am close to extinguishing you by shooting you” and he discharged the rifle upwards four times, said Pauline.
The judge said, the relatives had all agreed that they were on the accused's tax allotment with his permission. They also did not deny that coconut trees had been cut down by them for their brooms, at various times and several had said, that the accused permitted it.
In addition, all admitted to being scared when the accused discharged the firearm.
Relatives truthful
“On the issue of the distance between the accused from Tevita and the others, when the firearm was discharged, I prefer the evidence of Pauline, Tevita and Semisi.
“Tevita and Pauline were seated next to each other and their evidence in this aspect was clear and consistent. I accept the variation in Semisi's evidence to be due to the fact that he had said he was standing next to the accused while he was slapping Tevita and he was the one who held back the accused during the altercation.
“In that setting, I consider that he would have been closer or closest to the accused when he discharged the firearm, said the judge.
"I am satisfied they were telling the truth from their individual location at the time."
The judge was also satisfied that the prosecution had proven the charge beyond reasonable doubt and found the accused guilty.
"In recent days we have had a 7-year-old lose his life from the use of a firearm not in safe storage. Fortunately, this case has not ended tragically but the risk was present.”
Had the owner of the firearm provided safe and secure storage for his firearm, what has happened here would not have occurred. “This should be a salient reminder to owners and licensed holders how important it is to ensure safe and secure storage of firearms."
The accused will be sentenced on 28 October.