‘Uhila Tu’i (34) was sentenced today to 33-months imprisonment, on charges including carrying a firearm to resist arrest, when he shot at and missed a police officer during the search of a home, at Hala'ovave, Tongatapu, in 2021.

The accused was originally charged with 'Okusitino Langi and 'Ana Hefa on 12 counts that included possession of cocaine, methamphetamine, cannabis and utensils, various firearms offences and attempted violence.  'Okusitino Langi was sentenced to nine-years imprisonment, after pleading guilty to possession of 6.9 grams of cocaine and utensils in October 2022.

Lord Chief Justice Whitten KC sentenced Tu'i at the Supreme Court in Nuku'alofa. The defendant changed his plea to guilty to three counts of possession of a firearm without a licence, possession of ammunition and carrying a firearm with intent to resist arrest.

Of the 33-months sentence, the final nine-months was suspended for one-year, on conditions.

He has previous convictions. In 2019, he was sentenced to imprisonment on other drug convictions.

Shot at a police officer

The offending was on Sunday, 12 September 2021 at 'Okusitino's residence. This was after police arrested 'Okusitino and three others in a vehicle, for breaching curfew, during a police patrol for the COVID-19 national restriction.

After they were stopped, a search found two packs of white powder on 'Okusitino but nothing of note on the two passengers. He admitted that the white powder belonged to him and that it was cocaine. He was arrested and taken to Central Police Station.

Later that morning, the Police operations team then conducted a warrantless search of 'Okusitino's residence, where this defendant was found inside a container house just outside the residence.

The court heard that Sgt Vakalahi climbed a ladder to the container door, which was open. The defendant and a woman (Ms Hefa) were inside. 

The defendant came to the doorway, pointed the pistol at Sgt Vakalahi and discharged it. The shot missed Vakalahi, and he instantly returned fire, causing the defendant to fall to the floor.

Police seized and cleared the pistol which contained five empty casings and one live round. Further drugs were found in the container room.

 Police

The Lord Chief Justice said, “the instant offending is distinguishable from the comparable sentences referred to above, and marked, in terms of seriousness, by the defendant shooting at police. For that, he was initially charged with attempted grievous bodily harm.

"He could well have been charged with attempted murder. Ultimately, he has been extremely fortunate that the Crown has been content with that conduct being dealt with only by way ss 42 of the Act.

“The men and women of Tonga Police swear a solemn oath to, among other things, preserve the peace, protect life and property, and uphold the laws of Tonga. Their role is critical to the safety and security of every person in Tonga and the maintenance of law and order in a civilised society…Thankfully, to date, incidents of serious attacks on police have been rare in Tonga.

“The defendant's action of firing at police is an example of the worst fears of all police officers, and their families, who all have a bona fide right to expect that they will all be intact at the end of each day's work. Had the defendant's aim been more accurate, that might not have been the case for Sgt Vakalahi and his family.”

He said the Crown's decision to accept the defendant's guilty pleas to counts 7, 8 and 10 and, in return to withdraw the other counts (particularly 11 and 12) has had the effect of precluding the Court from being able to deal directly, with the defendant for shooting at police.

“The defendant here originally pleaded not guilty to counts 3 to 12, which involved possession of methamphetamine, cannabis and utensils; possession of a pistol and ammunition without a licence; carrying a revolver with intent to resist arrest; discharging a revolver with intent to intimidate and attempted grievous bodily harm.