By Linny Folau

Kelekolio Fonua (23) and Andy Fukofuka (38) were jailed for charges that included serious housebreaking, theft and receiving stolen goods worth $15,403 from Tupou High School at Nukunuku.

Justice Cooper sentenced Fonua to three-years imprisonment and Fukofuka to 16-months imprisonment on 28 March, at the Supreme Court in Nuku’alofa. In addition Fukofuka’s 12-months’ suspended sentence was activated to be served in full, before he serves the sentence for the instant offence. Neither will have any part of their sentence suspended.

On 14 December 2023 both appeared for their arraignment, where Mr. Fonua pleaded guilty to serious housebreaking and theft, and Andy Fukofuka to two counts of receiving stolen goods.

The court heard that on 29 July 2023 at around 11 am, the Tupou High School at Nukunuku was broken in to. The following items were stolen included: projector, monocular microscope, 48 test tubes $600, 12 beakers, eight glass tubes, eight bottom flat flasks, lawnmower $1,600, two-cylinder gas bottles, one weighing scale, one storage bin, one two-faced stove burner, three sets of HP computer valued at $15,403.  Later that same day, at around 3pm, Mr. Fonua went to a friend's house in Nukunuku. He had with him a brown and white school bag. This caught the attention of others at the address and Mr. Sinipata Peau, who also lives in Nukunuku and works at the school, was informed that something was amiss; Mr. Fonua appeared to have property taken from the school. Consequently, the police were contacted.

Shortly thereafter the police located Mr. Fonua and questioned him. He admitted to the break in and the thefts. Working on information they received the officers obtained a search warrant for the address where Mr. Andy Fukofuka lived. Inside the bedroom of Irvin Fukofuka and his de-facto partner was recovered: black Dell computer screen; 1 computer mouse, 1 laptop; 3 external hard drives; 2 black dell keyboards; 1 black dell projector; 1 microscope set box.

In the other parts of the house other items found were two dell computer screens; 1 sony computer screen; one 13 kg gas bottle; two lawn-mowers and others at a shed at the tax allotment. Mr. Andy Fukofuka was arrested.

Meanwhile, on 9 August 2023, the school Head Teacher of Tupou High School at Nukunuku identified a number of the recovered items as having been stolen in the break in of his school. Both men were charged. Mr. Fonua with the break in and thefts, Mr. Fukofuka with receiving the stolen property namely (count 3) two gas bottles and a stove valued at $340.00 and (count 4) a microscope set values at $2,500.

In a pre-sentence report, Mr. Fonua dropped out of school in form 3 and is said to have struggled with inadequate support from his family. Most recently he has not had a settled home address and has stayed with friends. Alcohol and illicit drug abuse have been a feature of life since 2017.

Andy Fukofuka

Mr Fukofuka was 12 years old his family moved to Hawaii. Initially, he did well in his schooling and supported his family as they settled into their new life. He entered a military academy, but was not suited to that type of schooling and he dropped out.

The Town Officer, Mr. Fotu, provided a report to the Probation Officer. It is not good. Mr. Fukofuka is said to be associated with illicit drugs, dealing illicit drugs and thefts. He does not support his community and is a malign presence. He has previous convictions for possession of a firearm without a licence and possession of ammunition without a licence. He was given a 12-month sentence on 18 November 2022, which was fully suspended for 12-months. He is now in breach of that sentence by virtue of these convictions.

In the Magistrates' Court he was sentenced on 21 August 2022 to a community penalty for two offences of cultivating an illicit drug. But, he did not complete his community order. He was assessed as being at a high risk of re-offending and posing a significant risk to the community as well as showing little if any remorse.

Imprisonment

The judge stated the offence of serious house breaking, the maximum sentence is 10-years' imprisonment. For the offence of theft, where the value of the property taken is over $10,000, the maximum sentence is 7 years' imprisonment. For the offence of receiving stolen goods, the value in both counts 3 and 4 was below $10,000 and so the maximum sentence is 3-years' imprisonment.

The judge stated that for Fonua for the offence of serious housebreaking a starting point of 3-years. “This is reduced by a third for the timely guilty plea. For the thefts, a 2-year sentence, reduced to 18 months for the guilty plea. A year will be added to that for the thefts, in keeping with the approach of Whitten LCJ in R v Tevita Tupou, CR 13/2023. That makes a term of 3-years.

“For Fukofuka for the offence of receiving stolen goods, count 3 to 12 months, reduced to 8 for his early guilty plea. Likewise for count 4, 12 months reduced to 8 for his timely plea. This is a rare case were both sentences must be served consecutively, albeit the two counts 3 and 4 relate to the same offending. I consider that must be because this was the handling of property taken from a school; the seriousness must be marked.

“The suspended sentence must be activated and therefore he will need to serve a year's sentence before the 16 months for this offence. I have considered the principles set out in Mo'unga v R [1998] Tonga LR154. Mr. Fonua's record for this type of offending is so bad that to a suspended portion of that sentence would not be appropriate. He breached his suspended sentence and, likewise, in those circumstances he cannot be given a suspended sentence,” the judge ordered.

Mr. Fukofuka will have his sentence back dated to the date of his first remand on 14 December 2023 and must complete the sentence he is serving before serving the sentence for these offences.