Suspended jail sentence for 16/11 crime [1]
Wednesday, December 19, 2007 - 18:50. Updated on Tuesday, July 21, 2015 - 16:37.
Kupufonua Folau, the only member of the first 16/11 group of accused to be found guilty by a jury, received a suspended sentence of nine months imprisonment on Friday, December 15.
Chief Justice Anthony Ford in his sentencing suspended the nine months imprisonment for three years, after considering Folau's good record, and noting that he had no previous criminal record, and he cooperated fully with the police.
Mr Justice Ford said that jurors on October 30 found Folau guilty of the housebreaking offence but discharged him on three more serious counts of attending a riotous assembly, damaging property and arson.
Chief Justice Ford said that Folau's offence related to a break-in at the Molisi Tonga Supermarket on the afternoon of November 16, and the evidence said that he picked up an ice-cream sign and smashed it into the supermarket's glass windows.
"Your offence is not at the top end of the scale of serious offences and in light of the circumstances you have done well to obtain a job at the 'Atata resort," stated the Chief Justice, who told the court that Folau was a first offender and although he pleaded not guilty to the charge, but due to strong submissions from his counsel Sifa Tu'utafaiva, he suspended the imprisonment for three years.
The condition for his suspended sentence is that Folau carries out 120 hours of voluntary community work.
The Chief Justice advised Folau that if he kept out of trouble for the next three years, the rest of the sentence would be terminated, but if he failed to complete the community work or committed an offence within this period he would be arrested immediately and sent to Hu'atolitoli Prison.
Folau was the only accused out of seven men charged in the first 16/11 group trial to be convicted by the jury.