11-year jail sentence for rioter who lit fire [1]
Friday, February 15, 2008 - 20:54. Updated on Wednesday, July 22, 2015 - 14:04.
Today, in handing down prison terms ranging from 11 years to six months on a group of seven 16/11 rioters, Chief Justice Anthony Ford said that everyone in Tonga would remember this day, "as a day of infamy and shame where there was no law and order and anarchy prevailed."
In the Nuku'alofa Supreme Court Timote Pekipaki (35) of Vaini, received 11 years imprisonment for setting fire to the Molisi Tonga Supermarket, and other crimes.
Fiula 'Atuhekaho (21) of Ma'ufanga, received 11 years imprisonment for destroying the Molisi Tonga Supermarket and the Island Mobile Shop and other crimes.
They were among a group of seven accused, convicted by jurors on December 5 for serious offences in the second 16/11-group trial.
Their Hu'atolitoli Prison terms are effective from today.
17 charges
Chief Justice Anthony Ford imposed prison sentences on all seven on a total of 17 charges that ranged from attending a riotous assembly, housebreaking, to the damaging and destruction of government and private properties in the November 16 riots in Nuku'alofa.
The six men and one woman also included Siuta Ngahe of Pea, Mekiloni Fotu of Navutoka, Nikolasi Fiu of Hofoa, Tavake Tafolo of Halaleva, and his niece Taufa Tafolo.
Mob violence
The Chief Justice in his introductory general remarks to the court said everyone in Tonga would remember this day, "as a day of infamy and shame where there was no law and order and anarchy prevailed."
He said the destruction was carried out by hundreds of people who were not initially premeditated but it was an example of "the mob violence feeding upon itself.
"Over 50 percent of the Central Business District was destroyed on this fatal afternoon. It had a very dramatic impact on the economy with losses amounting to millions of pa'anga."
Sentencing
In his sentencing the Chief Justice then imposed a sentence of 11 years of imprisonment each for Fiula 'Atuhekaho and Timote Pekipaki.
'Atuhekaho was convicted of one count of riotous assembly, one count of housebreaking and two counts of destruction of building namely the Molisi Tonga Supermarket and the Island Mobile Shop.
The Chief Justice said the destruction charges are extremely serious and used to carry a maximum imprisonment for life but now carry 15 years imprisonment.
The probation report indicated 'Atuhekaho was at a high risk of re-offending, he denied the destruction he did although the evidence against him was overwhelming and the jurors were right in their verdict, said the judge.
He was sentenced to 21 months imprisonment for riotous assembly, 6 years for housebreaking and 11 years for the two counts of destruction. The sentences are concurrent, making a total of 11 years in prison.
Benzine
Pekipaki was convicted of one count of riotous assembly, one count of housebreaking and one count of destruction namely Molisi.
The evidence showed he lit a sofa with benzine as well as a stack of toilet rolls. "The evidence against you is quite overwhelming and it is no doubt that you set the fire to Molisi Tonga, which is now gone," said the Chief Justice.
He imposed a sentence of 21 months imprisonment for riotous assembly, six years for housebreaking and 11 years for the destruction of Molisi to be served concurrently making it
11 years in total.
Others
Tavake Tafolo (56) was sentenced to four years imprisonment for the charges of riotous assembly, destruction of a government vehicle and two counts of damaging the Treasury and Court building.
His niece Taufa Tafolo was convicted of one charge of riotous assembly and was sentenced to 12 months in prison but because she showed genuine remorse and did not challenge the jurors ruling, the Chief Justice suspended the last six months, meaning she will only serve six months in prison.
Mekiloni Fotu (31) was sentenced to four years in prison for the damaging of the Prime Minister's Office and a government motor vehicle. No suspended sentence was granted because he did not cooperate with the police.
Nikolasi Fiu who was convicted of riotous assembly and housebreaking of a Chinese Shop formerly located at Victor Mataele building was sentenced to three years imprisonment.
The Chief Justice accepted that Fiu's offence was not as serious as the destruction of buildings; he suspended the last year for a period of two years from date of release.
Siuta Ngahe who was convicted of riotous assembly was sentenced to 15 months imprisonment, but the last six months was suspended for two years from date of release, meaning he will only serve nine months in prison.
More 16/11-group trials are currently being arraigned at the Nuku'alofa Supreme Court.