Repeat offender Hateni Kaufusi (35) was sentenced to 34-months imprisonment for serious housebreaking and theft of tool shed items estimated at $11,840. His co-accused Kulikefu Vanisi (54) got a suspended sentence for abetment.

Lord Chief Justice Whitten KC sentenced them on 14 October at the Supreme Court in Nuku’alofa.

Hateni pleaded guilty to serious housebreaking and theft. Kulikefu changed his plea to guilty for abetment to the theft.

The details of the offending were that on 2 January 2022, the complainant was at her residence in Halaleva. At around 6:00pm, she went outside to her vehicle. There she saw a taxi reversed and parked directly in front of the entrance to her residence. When the complainant returned into her house, she could hear people conversing in Tongan from her neighbour’s house even though her neighbour is a Chinese national. That made her suspicious. 

“So, the complainant walked over and stood beside a water tank outside the residence. She saw a man with tattoos on the left side of his face bending over her fence from her neighbour’s residence to grab tools. The complainant yelled out to her husband that there was a thief.

“The man hurriedly gathered the tools and ran to the taxi, which then sped off from the scene. The complainant identified the registration plate of the vehicle, contacted the police and lodged a complaint. The complainant identified the items stolen from her tool shed as having an estimated value of $11,840.”

The Police traced the vehicle registration as belonging to Kulikefu. 

The court was told that on the day of the offending, he had been drinking alcohol with Hateni at Fasi. The two drove to Kahana Lagoon Resort for Hateni to buy cigarettes.

Kulikefu saw Hateni running back from the complainant’s residence holding a bag. He also heard a female calling out. Hateni got into the car with the bag. Kulikefu suspected that the bag contained stolen items but decided to drive off. He dropped Hateni with the bag at Pili and returned home.

Kulikefu was arrested and taken in for questioning and on 7 January 2022, he informed the Police that it was Hateni who stole the tools.

Hateni admitted to the offence. He also told the Police that the stolen goods were taken to Ha’akame and sold to one Viliami Tu’ikupulau for $200.

On 24 January this year, the Police conducted a search of Viliami’s residence pursuant to the warrant where they recovered most of the stolen items.

Previous convictions

Hateni has numerous previous convictions of similar offending, assault and manslaughter.

The Lord Chief Justice sentenced Hateni to 2-years and 10-months (or 34 months) imprisonment.

However, he committed this offence during a suspension period for another proceeding.

“He was released from prison on a partially suspended sentence in a proceeding on 3 November 2020. As the instant offending was committed during the 2-year suspension period, that suspension was rescinded and the unserved portion of that sentence of two-years was added to the above head sentence, making an aggregate sentence of 4-years and 10-months (or 58 months) imprisonment.”

The final 12-months was then suspended for two-years on conditions, the Lord Chief Justice ordered.

Abetment

Kulikefu was sentenced to nine-months imprisonment, fully suspended for one-year on conditions.

“While he has previous criminal convictions, none of them are property related and most are quite old. I am prepared to accept his version that he did not know in advance of Hateni’s plan to commit the theft and therefore, in Kulikefu’s case, there was no premeditation. It follows that his role in the offending by driving Hateni to his house was relatively minor. Kulikefu fully cooperated with the authorities and directly assisted in Hateni’s arrest. I am confident that he is likely to take the benefit of a suspended sentence as an incentive and deterrent against any future offending,” said the Lord Chief Justice.

“Both defendants are advised that failure to comply with any of the above conditions may result in the suspension being rescinded in which case the defaulting defendant will be required to serve the balance of his sentence.”