Viliami Tu’ipulotu and Heneli Manuofetoa have been found guilty of receiving stolen property namely laptops stolen from the Ministry of Revenue in 2022.

Justice Tupou found both men guilty, after a trial on 15 August at the Supreme Court in Nuku'alofa. They will be sentenced on 25 October this year.

The judge said in this matter, there were three accused, including Siaosi ‘Ulukivaiola who was charged with one count of serious housebreaking and one count of theft.

The offence was that on 27 August 2022, at Kolofo’ou, he entered the office of the Ministry of Revenue as a trespasser and committed theft of items worth a total value of $34,650.

On 26 January 2023, Siaosi pleaded guilty and was convicted. He awaits sentencing.

On the same date, Viliami Tu’ipulotu pleaded not guilty to one count of receiving stolen property, in that on 29 August 2022, at ‘Anana, he received four HP silver laptops from his co-accused Heneli Manuofetoa.

Heneli also pleaded not guilty to two counts of receiving stolen property.

The first being that about August 2022, at 'Anana, he received one wall mounted Samsung Flat screen together with its remote control and a grey laptop bag from Siaosi 'Ulukivaiola, believing those to have been stolen. The second charge was that on 29 August 2022, at 'Anana, he also received five HP laptops from Siaosi 'Ulukivaiola.

The judge after hearing the evidence convicted both men of the charges.

Deleted owner's information

She said that Viliami proceeded to unlock the laptops, deleted the owner's information and created new passwords for access. In that process, as the Crown suggests, he would have accessed the true owner's information. 

“Instead of alerting the owners or the police, he proceeded to assist in enabling Heneli's dishonest intentions,” said the judge.

“For those reason I am satisfied that the Crown has satisfied the onus upon it to establish beyond a reasonable doubt that Viliami had an actual belief that the laptops given to him by Heneli were stolen or obtained under circumstances, which amount to a criminal offence.”

In addition, the judge having considered all of the evidence, considered the hasty sale of the four laptops worth $24,500 for "smokes" was unusual and a transaction of gross undervalue.

“As for Heneli’s claim that he asked as to the provenance of the stolen goods, I am skeptical for the following reasons. His evidence was inconsistent. In one version the laptops were just given to him and a second was he bought them.

“He further said he had asked Siaosi about the origin of the laptops and later said he did not care about the origin of the goods. Finally, Heneli’s swift action to have the laptops unlocked and all information on them deleted, indicate his dishonest intentions and belief that the goods were stolen or obtained under circumstances which amount to a criminal offence. 

“For those reasons, I am satisfied beyond reasonable doubt that the Crown has proven the elements of the charges against Heneli,” said the judge.

He was then found guilty and convicted on the two counts of receiving stolen property.

The judge noted that at the conclusion of the trial, the defendants indicated that they intended to file submissions on their behalf but neither had done so and the opportunity to do so on the morning of 15 August, they elected not to.

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LF-17/08/23