By Linny Folau

A man accused of the theft of a tractor and other items from Mosese Uele in March this year, was found not guilty after a trial at the Supreme Court in Nuku’alofa.

Lord Chief Justice Bishop in a verdict on 11 October found the defendant not guilty of the charge, after the Prosecution failed to prove beyond reasonable doubt the charge,

On 10 September, the defendant was arraigned where he pleaded not guilty on the theft. The trial started on 10 October with evidence from both parties concluding on 11 October, with no further submissions.

The LCJ in his verdict stated that before he couldn convict the defendant on the offence charged, he must be satisfied beyond a reasonable doubt that on or about 18 March 2024: that he did dishonestly take the tractor and other items without any colour of right to permanently deprive Mosese Uele, and without his consent intended to convert it for the use of others.

The Crown in this proceeding tendered in one exhibit. No further exhibits were tendered in by the defendant. Exhibit 1 were photos of the tractor.

He stated that in this case, which has been well argued on both sides, he was left with the position that the sole case against this defendant was the contents of a conversation with a relative of the person who lost their tractor.

“One of the matters that was not clear to me at the time is that it was suggested that the defendant has apologised for what happened, the inference sought to be, that in some way implicated him in the theft. However, the word which counsel accepts he used was “kataki” which I’m told is Tongan that can either mean “sorry” or “please.”

“In that event, there’s no way that, I could be satisfied so that I am sure, or a jury properly directed taken at its highest could safely conclude that the defendant was admitting involvement in the theft.

“But even if the words used meant “sorry”, and even if he was apologising, it does seem to me a properly directed jury taking the prosecution’s case at its highest could amount to an admission of guilt because it’s equally possible that the defendant was apologising for the fact of the theft, the fact that the complainant lost his tractor albeit temporarily, or that the tractor was found in circumstances which might cause the complainant to be suspicious of him.”

He added that taking those matters together, he did not think that any jury properly directed could possibly convict the defendant, it followed therefore that the case could not go any further and a not guilty verdict must be entered.

The LCJ then acquitted the defendant, Maka Vaka’uta, on the first and only count charge of theft.