By Linny Folau

Maka Sole Funaki (38) was jailed for nine months for the theft of a red Massey Ferguson tractor worth at $56,200 and possession of a 12 gauge shotgun and ammunition in two separate offences on Tongatapu.

In the Prosecution’s summary of facts, the tractor theft was committed in March this year at Veitongo.

On 17 March, the accused, who was waiting at his bush allotment at Toloa, was picked up by his co-accused and they drove back to Veitongo and went towards the complainant's bush allotment. They parked from the opposite side of the road. 

A day later, Mosese, the complainant, went to his bush allotment and found out that his tractor was missing. He lodged a complaint to the Police for the theft of his tractor valued at $56,200

The accused later told the Police that the tractor was at a certain bush allotment in Veitongo. Police went and found the tractor at a bush allotment then took it to the Central Police Station, with the complainant later confirming that the seized tractor was his.

Lord Chief Justice Bishop sentenced the accused last month at the Supreme Court in Nuku’alofa. This was after, he pleaded guilty to the theft in September. Then a month later, he and a co-accused also pleaded guilty to two counts including possession of the 12 gauge shotgun without a license without a license and a 12 gauge ammunition.

 “You must have realised that would have caused considerable financial distress and operational difficulty for the owner concerned who is a farmer. It was obvious that the source of the theft would be quickly traced, as indeed it was, but this is a serious matter of a valued agricultural implement and must be marked by a term of imprisonment,” he said.

He told the accused that the possession of the 12-gauge shotgun and shotgun ammunition without a license was very serious matter and control of a lethal instrument is necessary for the well-being of the community at large is of utter importance, again a sentence of imprisonment was unavoidable.

For the theft of the tractor, the accused was sentenced to one year and three months imprisonment. For the other two charges of being in possession of firearms and ammunition, he was sentenced to 12 months' imprisonment to be served concurrent (together) with the theft sentence.

The overall sentence was 15 months' imprisonment, with the last six months suspended for two years on conditions.

The accused is to serve a total sentence of 15 months' imprisonment with the last six months suspended for two years, on conditions. Both arms and ammunitions are to be forfeited to Tonga Police, ordered Lord Chief Justice Bishop. This means that the accused is now serving nine months in prison.