Hateni Kaufusi was found not guilty of theft of a car and robbery of cash at a petrol station on Hihifo road in two separate incidents, after the Prosecution failed to prove the charges beyond reasonable doubt, at the Supreme Court in Nuku'alofa.

Hon. Justice P. Tupou KC in her verdict on 14 September discharged him on both charges, after finding the idenitifcation evidence from Prosecution fell short.

The court heard from Fifita Manu, the complainant for the theft charge, that on 5 September, 2021 he was working as a security officer for the Chinese Embassy, when his  small blue car was stolen from under a tree towards the back of the Embassy.

He had worked the night shift and when his replacement did not show he stayed on to cover him. 

When he discovered the car was stolen, the Police were called.  In the car, he had clothes, two jackets, his passport and an alcatel TCC phone. It was two days after the offence that the police took his statement and four or five-days later they found his car. 

He said the front bumper of the car along with his clothes, passport and telephone were gone.

“The onus of proof lay with the prosecution to prove beyond reasonable doubt that the accused is guilty, and that burden remains on the prosecution throughout the trial, as an accused does not have to prove his innocence,” said the judge.

The court in this charge heard evidence from the other security guard Walter.

A witness saw a man take Mr Manu's car. The judge said in relation to the identification of the man, this witness was honest but unhelpful to the prosecution's case. 

"He said that he had not seen this man before, he only saw the side of his face, their interaction was for less than two-minutes and he thought the man and Mr Manu had a prior understanding about him taking the car and that they were about 10-metres apart.

“The evidence has fallen short of establishing that the property in the indictment was in Walter's car and/or were taken by the man that took the car. I do not accept that the mobile phone on the indictment refers to the alcatel TCC phone described by Mr Manu, as to do so would be speculation on my part."

Petrol Station robbery

Two-days later on 7 September 2021, the accused was alleged to have committed the robbery at the Luna'eva Petrol Station.

He was alleged to have arrived by car at the petrol station and lunged at Ashley Tupou, taking by force her purse and cash valued at $584.

The victim, Tupou, told the court that the man who robbed her tavelled to the station in a small blue car.

"She was clear in her evidence that she could not see his face and that when he confronted her she could only see two eyes as the rest of his face was covered. He had a black hood on and long black trousers. 

“That was the extent of her identification and I believe that she honestly described what she saw and what happened."

The judge said, there was nothing unique in the evidence here, to satisfy her that this was Mr Manus' small blue car or that it was the accused that drove the blue car to Luna'eva Petrol station at Hihifo Road and robbed her purse and $584. 


"For those reasons, I am satisfied that the prosecution has not proven the charge beyond reasonable doubt and I find the accused not guilty on both counts on his indictment and discharge him."