Andy Hayden Fukofuka (36) received a suspended sentence for possession of arms and ammunition without a license, the he disclosed when stopped at a check-point on his way to get vaccinated in Nuku'alofa, in 2021.

Hon. Justice P. Tupou KC sentenced him at the Supreme Court in Nuku’alofa last year. He changed his plea to guilty to the two counts in September 2022.

The offending was on the morning of 4 November 2021, when the defendant was travelling from Fo'ui into town for his vaccination shot. He had asked his neighbour, for a lift in his vehicle.

He had a black bag with him which he threw to the back of the said vehicle.

At a checkpoint at Sia'atoutai, he was stopped by Paea Koloamatangi Kautai a member of His Majesty's Armed Forces. When they could not produce identification cards, they were pulled to the side and questioned about the presence of any illicit drugs in the vehicle.

At this point, the defendant disclosed that a firearm and ammunition was at the back of the vehicle. It turned out that in the black bag he had thrown to the back of the vehicle contained a .25 calibre pistol and a magazine containing 3 x .25 calibre ammunition. The defendant said that someone had given him the firearm and that another person would collect it from him. 

He was arrested for possession of an unlicenced firearm.

On 5 December 2021, the police armourer confirmed that the said firearm and ammunition was real and in good condition for use.

The defendant did not hold a licence to possess the  firearm and ammunition.

Another chance

Tthe pre-sentencing report suggested a partial suspension and the Crown opposed any suspension overall.

Fukofuka lives with his family at Fo’ui and was deported from Hawaii to Tonga in 2011 for illegal misdemeanor. 

The judge considered that the defendant informed the army officer about the firearm at first opportunity and was not discovered after a search; his guilty plea, albeit late.

“Him owning responsibility of his offending; the lack of any relevant convictions and good character described by his wife, ward bishop and town officer. l further consider as a positive mitigating factor for the defendant, that for a period of six years from 2016 to July, 2022, the defendant lived a crime free life up until July and October, 2022 where he was charged and fined or sentenced but with full suspension of that sentence at the Magistrate's Court,” he said.

"Consequently, I propose to offer the defendant here an opportunity to curb what appears to be the beginning of committing offences and return to the crime free life he has shown he is capable of maintaining from 2016 to July this year."

He was then sentenced to 12-months imprisonment fully suspended for two-years on conditions.

The judge also ordered him to undertake a like skills course at the Salvation Army.

Failure to comply with any of these conditions will result in the suspension being rescinded, in which case, the defendant will be required to serve his sentence in prison.

The firearm and ammunition was forfeited to the Crown.