By Linny Folau

Two men have been jailed for the theft of Tongan koloa worth over $30,000 pa’anga and a vehicle in two separate incidents. While, a co-accused received a fully suspended sentence for receiving one of the stolen goods.

On 28 February this year, the first defendant, Mateni Mila Finau (27) pleaded guilty to one count of abetment to the theft of his neighbour’s vehicle at Kolomotu’a.

Then in July, he pleaded guilty to serious housebreaking and theft of the Tongan crafts from another couple at Ha’ateiho. The outstanding goods to be recovered were valued at $8,960.

Meanwhile, a second defendant, Maikolo Sinoti (32) pleaded guilty to one count of theft of the vehicle, and third defendant, Kalolaine Fainga'a (31) pleaded guilty to one count of receiving the stolen vehicle.

Acting Lord Chief Justice Tupou sentenced them on 20 September, at the Supreme Court in Nuku’alofa.

Theft of vehicle

The A/LCJ said on Saturday 4 June 2022, at around 10:00 pm, the complainant, Lopeti Fakalata returned to his home at Kolomotu'a and discovered that his vehicle, a silver Honda van, valued at $23,000 was missing.

On the Friday night before, the complainant had lost his car keys and was unable to use his van. Unknown to the complainant, his car keys fell right outside his gate and was found by the first defendant, Mateni, who is his neighbour. Mateni then approached the second defendant, Maikolo and another in front of the Costlow store at Kolomotu'a and asked if they would steal the complainant's vehicle.

An argument ensued at first but Maikolo eventually agreed to enter the complainant's premises and steal the vehicle.

Maikolo took the car keys from the first defendant and drove out in the complainant's vehicle from his driveway. He picked up the first defendant and another and went for a drive to the third defendant, Kalolaine's home at Tofoa.

In exchange for the vehicle, Kalolaine gave them smokes and $50. Kalolaine then used the vehicle and abandoned it at Tokomololo near the Government Primary School, she said.

On 5 June 2022, the complainant lodged a complaint with the Police.

Housebreaking and theft of Tongan items

On 19 July 2023, Mateni pleaded guilty to serious housebreaking and theft.

The complainants live at Ha'ateiho next door to the defendant's in-laws where he was residing at the time. He admitted to breaking into the complainants' house and stealing the Tongan ngatu and mats. The stolen items were valued at a total of $31,860 pa'anga.

After stealing the items, the defendant and his wife solicited the assistance of another at Fasi to sell some of the items pretending they belonged to the defendant's wife. That person was able to sell three white mats to one at Lapaha for $1,300, one white mat and one ngatu (tapa) to a loan business at Veitongo for $1,100. The defendant left five mats, two ngatu and three waist mats with a person at Tokomololo as security for a loan of $300. This person needed money and sold on the waist mats to another person. The defendant and his wife used one fihu fatufa as security for a loan of $600 from another loan business at Patangata.

The defendant initially lied about seeing a person breaking into the Afu's home. He said he chased the person who left some of the items behind and claimed he took and pawned them, said the A/LCJ.

The defendants all had previous convictions.

Sentences

Mateni is serving a total sentence of 42-months imprisonment. The final 12-months of the sentence is to be suspended for a period of 2-years on conditions.

He will serve a total of 30-months imprisonment for all three cases with the sentences imposed in the instant matter and CR85/23 to commence at the end of his existing sentence. The balance of these sentences will be served concurrently, said the A/LCJ.

Maikolo was sentenced to 22-months imprisonment for theft. The final 10-months of his sentence was suspended for two-years on conditions. He is also to serve a total of 12-months imprisonment to start at the end of his existing sentence in CR 118/2022.

Kalolaine who was sentenced to 22-months for receiving stolen goods had her sentence fully suspended for two-years, on conditions.

The A/LCJ said that it came to light after the Crown's initial sentencing submissions were filed that the defendant was then serving a sentence of 2-years imprisonment with the final 8-months suspended for 2-years on conditions for serious housebreaking and theft.

She committed the present offending while on bail for the previous offending.

“The Crown considered this as an aggravating factor. However, the Crown submitted that taking into account the defendant was released on 18 June 2023 as a result of her participation in the remission program, its initial sentencing submission in line with its Indicative Sentencing Submissions filed on 21 February, 2023 was maintained.”

The A/LCJ said the influence her now divorced husband's drug use had on the defendant, the attempt to take her own life, among other factors, she is persuaded that her early release from prison and realisation her neglect of her children and desire to be a better person indicate her ability to respond positively to the deterrent effect of a suspended sentence.

“For those reasons, with a degree of caution, I suspend the defendant's sentence in full on conditions. With the support of her family, she should take this opportunity to fully rehabilitate herself. She is to understand that this opportunity is unlikely to be available if she appears before any of the courts in future,” she said.