By Linny Folau

Neil Taufahema (53) was convicted of discharging a firearm with intent to intimidate his older brother at a home in Navutoka in 2022.

A jury found him guilty of the offence on 15 August, after a trial at the Supreme Court in Nuku’alofa.

Lord Chief Justice Whitten KC sentenced him to two-years imprisonment, which is fully suspended for two-years on conditions. The conditions include being placed on probation, completing an anger management course and carrying out 80 hours of community service. 

Failure to comply with those conditions may result in the suspension being rescinded, and the defendant being required to serve his prison sentence, ordered the LCJ.

Bad terms over land

In the summary of facts, the complainant, Paula, is residing at Ma‘ufanga. He is the older brother of the accused who lives at Navutoka on eastern Tongatapu. At the time, they were on bad terms due to conflict over rights to their familial land. 

The offending was on the morning of 9 December 2022, when the complainant along with his wife and two others all went to their (complainant and accused) older brother, Viliami’s residence in Navutoka, with the intention of cleaning it.

They arrived at Viliami‘s residence and the complainant got out of the vehicle and climbed the gate of the property and entered the residence. He noticed that the accused was at the back of the house and that the accused’s son had just left the residence.

The complainant returned to the vehicle and asked his wife if she noticed where the son went before entering the residence again. The accused then yelled out saying, “How many times have I told you never to step foot here again, and the Police have told you not to come here”.

Simultaneously, the accused, who was carrying a firearm fired it, hitting the louvers of the residence. The complainant then left the property and went straight to the Mu‘a Police Station and made his complaint, stated the Crown.

A search with warrant was conducted by Police of the accused’s residence, vehicle, and bush allotment. Police discovered a .22 rifle with a wooden handle as well as a .22 bullet casing inside the vehicle of the accused.

The Police then arrested the defendant who does not have any previous convictions.