By Linny Folau

Siosaia Taulahi (20) and Tevita Pasi (21) were imprisoned for serious housebreaking, theft and receiving valuable Tongan handicrafts worth around $231,700, stolen from the Tonga National Museum in 2022. Pasi was also sentenced for supplying methamphetamine to a minor.

Most of the items stolen were never recovered.

At the Supreme Court in Nuku'alofa, Justice Cooper sentenced Taulahi to four years and four months’ imprisonment, the last two years suspended for two years on conditions. 

Pasi was sentenced to six years and four months’ imprisonment, the last two years also suspended for two years on conditions,

On 16 May, the judge ordered that both sentences be back-dated to the date of their first remand. Taulahi was already sentenced in March.

The court was told that on 12 December 2022, Ms. Milika Pomana, the manager of the Tonga National Museum, in Nuku'alofa, arrived at work to find there had been a break in. The rear doors of the museum had been forced open. She took an inventory of the exhibits that had been stolen and identified 58 items were missing: that included kafa and ta’ovala and other valuable Tongan items valued at $231,700 pa’anga.

In February 2023, Ms. Pomana became aware that the Facebook page of Roselyn Tofavaha, who lives in New Zealand, was advertising some of those stolen museum pieces for sale.When police investigated, they were informed that Mrs.Tofavaha and her husband Lataimuli Vaka had purchased those items from the Talamahu Market in Nuku'alofa, for selling on in New Zealand. The next month the police recovered one one ta’ovala and two kato.

The investigation led police to Tevita Pasi (21) and his wife, and the information received was that they had received the stolen handicrafts. When Police went to their residence, they recovered some items of the stolen property. This included one fish hook; four vesa pa’anga (pair), one vesa pa’anga (only 1 pair found), two hina lolo tuitui haitelenisia (already used), one kafa fi ‘uli’uli, one kafa kula, fi mo e lou’ulu and one kafa lou’ulu.

On 31 March 2023, police arrested Siosaia Taulahi (20) together with Soane ‘Anitoni, a young teen. Both were interviewed by the police on 16 April 2023 and both admitted to breaking into the museum and stealing the handicrafts. They were charged with serious house breaking.

Pasi was interviewed by police on 17 April 2023. He admitted meeting with both his co-defendants, taking the stolen items from them in exchange for a gram of methamphetamine. He was consequently charged with handling the stolen goods.

Serious offending

The Crown submitted that the aggravating factors regarding Taulahi was the seriousness of the offending and the total value of the items is substantial, being $231,700. This was a break-in at a museum and the items belonged to various collections where the owners felt that their properties were being kept safe and are being preserved. The items that were stolen were very valuable and had sentimental value, hence it is kept in a museum; the offending was done at night;

Most of the items were never recovered by the Police.

For Tevita Pasi, he also supplied one gram of meth to Taulahi and 'Anitoni in exchange for the items. 'Anitoni was a child, under 18 years old.

“Drugs are a huge issue in Tonga, supplying the drug is even more serious, and as seen in this case, it prompted Siosaia [Taulahi] to commit these offenses, so that he may get drugs from Tevita [Pasi]. Their only mitigating features was their early guilty plea, they do not have previous convictions and they cooperated with the Police,” submitted the Crown,

Vandalism

The judge stated upon the Court making further enquiries it became apparent there was evidence of ransacking or vandalism caused during the break in. Photographs of the scene showed that in five areas of the museum, graffiti tags were sprayed on the walls, floor and a door, in one case using a marker pen. The museum was assisted by the Ministry of Tourism in restoring this damage. The cost of that to the Ministry was $1,067.94.

Taulahi admitted to police that he caused the vandalism. 

“Ms. Pomana provided a statement dated 14 February 2024, and detailed how she found the museum, its door open and graffiti on the walls and floor on the morning 12 December 2022, when she came into work. She assisted police as best she could with the value of the items stolen, and noted that the stolen property was traditional items/family heirlooms and individual items and because it is stored and displayed in the museum, it enhances their value.

“She also helped to clean the graffiti having lost items that came from her family that had been displayed at the museum,” stated the judge.

Ms Pomana did not want to talk about her mental distress, the emotional distress, and the spiritual stress that she felt, because she experienced a lot of hurt ever since it happened. She was still scared going to the museum by herself.

Ms Pomana felt keenly the loss of the artefacts, the loss of tradition/culture and felt guilty of the people who leant their artefacts to the museum and put their trust in her. Lady Dowager Aleamotu’a was one of those donors and she lost significant amount of her family’s heirlooms in the break in, as stated in her victim impact statement.

“She wanted her items to be displayed at the museum because a lot of people found her traditional handicrafts and mats interesting. For her, it was to share knowledge about the Tongan crafts.”

Expelled from Toloa

Taulahi at the time of the offence he was 19 years old. He started out being a promising student at Toloa, but was expelled for violence. The Probation Officer’s impression was that Mr. Taulahi was influenced by older boys.

He told the Probation Officer the promise of being given one gram of methamphetamine was why he committed these offences. The report writer is of the view that he has capacity to rehabilitate; his lack of previous convictions and his remorse and youth are all factors in his favour. 

Pasi was of previous good character.

He did not attend probation to arrange a pre-sentence report and none was compiled as a consequence. His early guilty plea was a sign of remorse and a wish to rehabilitate and the judge took these factors into account.

Wicked and cynical offending

“The museum was a soft target, and a place where people trusted their valuable heirlooms to be safe and where they wanted their culture to be shared and so endure. Breaking in and stealing these traditional handicrafts was a wicked and cynical thing to have done. The vandalism that Mr. Taulahi caused adds to this deeply offensive crime. I have no doubt that Mr. Pasi, the eldest, manipulated Mr. Talahi and he in turn Soane ‘Anitoni,” stated the judge.

“In the case of Mr. Taulahi, that starting point was increased to five years (60 months) to reflect the vandalism he caused; therefore, taking account of the appropriate discount of 30%; 60 months reduced to 40.

“Mr. Taulahi influenced Soane ‘Anitoni, in doing so manipulated a much younger boy to commit these offences. The vandalism of the museum was a terrible act. Some part of the sentence for the theft must be added to the sentence for the serious house breaking to mark the need for denunciation, punishment and deterrence for offences of such gravity.

“To the 40 months for count one, I add a further 12 months from the sentence for the theft, which gives a sentence of 52 months, or in other words four years and four months’ imprisonment. In adding 12 months from count 2 to make it cumulative with count one, I have taken into account overall totality,” he stated.

“In keeping with the principles of Mo’unga, a portion of the sentence must be suspended given his youth, remorse and his good prospects of rehabilitation.

“Whilst the Crown submitted 12 months be suspended, I note that Mr. Taulahi is of previous good character, his youth, references and recommendations in his pre-sentence report. These offences are so serious a custodial penalty must be imposed and one that cannot be wholly suspended, as the probation report submits. Though I have aimed to strike a balance in setting a two year period suspended for two years. Accordingly two years will suspended for two years, on conditions.

“For Tevita Pasi, on the offence of handling the stolen goods, the judge imposed a starting point of four years. So as to match the sentence for the theft of those same items passed on Taulahi,” he stated.

"This I increase to 5 years (60 months) to reflect the fact that he manipulated two younger people to commit these offences, one of whom was a child of 14 years old. There needs to be a 30 % reduction to reflect his early guilty plea and previous good character, 60 months reduced to 40 months."

Meanwhile, Soane was 14 years old at the time Mr Pasi supplied him with one gram of methamphetamine and there was in force legislation that specifically deals with offences of supplying illicit drugs to children. There have been no previous cases sentenced in accordance with the regime in section 5C.

"I acknowledge that Parliament did not impute into the tariff that it be influenced by quantity only that there be a supply of an illicit drug to a child. I also conclude the younger the child supplied to the more severe the penalty ought to be. A gram of methamphetamine is said to be worth in region of $400-600. In this case it was said to be worth $750. This Court frequently sees drug dealers supplying dealer bags of as little 0.05 grams methamphetamine or less."

The judge also stated that one gram of methamphetamine is a significant amount and a sentence for possession of that amount attracts a sentence of approximately one year imprisonment.

“Parliament intended a far more punitive tariff be applied for offences involving the supply of illicit drugs when children are targeted and supplied,” he stated.

"I conclude that a 30 year starting point must be reserved for the worst examples of this offending. That would include, but is not limited to, large scale supplies to younger or more vulnerable children.

“In this case Soane was 14, Mr. Pasi 20 years old at the time and so significantly older. Mr. Pasi manipulated Soane to become involved in a high value theft of significant cultural artefacts and used the allure of illicit drugs to do so. I acknowledge the methamphetamine was not just for Soane but jointly supplied to Siosaia Talahi a.k.a. Miki.

“When I consider these factors especially the disparity of ages between Mr. Pasi and Soane, as well as the significant quantity supplied and the targeting of a school child to be supplied illicit drugs to encourage him to commit breaking in to a museum and stealing the artefacts for profit."

Taulahi was then sentenced to four years and four months’ imprisonment, the last two years suspended for two years on conditions. 

Pasi was sentenced to six years and four months’ imprisonment, the last two years suspended for two years on conditions.