By Linny Folau

Salesi Fa’aoa (34) is serving two years in prison for receiving stolen property, valued at around $43,750, from the burglary of a warehouse belonging to a construction and road repair associated business in Tofoa.

Lord Chief Justice Bishop sentenced him on 23 January in the Supreme Court. This was after, he found him guilty of the charge on 26 November, 2024 in a trial, when the case against him was proved by Prosecution.

Noleen Blake, the complainant, runs BB Construction and Company Ltd. that had a warehouse where she kept a larger number of items. In January 2024, she noticed items being advertised on Facebook, which she suspected were stolen from her warehouse.

"The warehouse had been burgled on several occasions and on the present occasion she found that a large number of items had been stolen, and she traced them via Facebook to your premises. I rejected your defence that you had obtained these goods from someone who sold them to you at what you must've realised was a knockdown price and therefore not legitimately obtained."

The defendant has a previous record for dishonesty although his last offence for dishonesty was 10 years ago, since then he has appeared on several occasions for drugs offences. The last offence of that nature committed in 2021.

“I do not consider that your previous offending is of central importance to the sentence, which I must pass, but the amount of goods still, namely $43,750, is substantial. It was opportunistic in the sense that in your own admission, you purchased goods in the dubious circumstances which I have already indicated, and you maintained your innocence throughout.”

The judge did not give him credit for an early or any guilty plea as he did not. He also had in mind the helpful comparable cases set out in the prosecution sentencing submission but of course each case was determined on its own facts and merit.

“I do not consider the fact that most if not all the property was recovered is much in the way of mitigation. Certainly, that was not a result of anything done by your part. A sentence of imprisonment is inevitable, and I take as 36 months the starting point. I have considered whether any or all or any of that sentence should be suspended but in accordance with the principles set out in Mo’unga, I am unable to do so in your case, he stated.

The defendant is not young, did not cooperate with the police and has previous convictions.

“However having regard to the principle of totality in the hope that being 33 years old he may amend his ways in the future,” the Lord Chief Justice suspended 12 months of the sentence imposed, which means he is serving 24 months in custody. The time he had already served also count towards his sentence.

The judge sentenced him to 36 months' imprisonment with the last 12 months suspended for two years on conditions. This includes not committing any offence punishable by imprisonment, must report to the probation office within 48 hours of his release from custody.

The sentence was also backdated to 26 November 2024, when he was found guilty of the offence.

Offending

Meanwhile, in the Prosecution's summary of facts stated that on 4 January 2024, the complainant was on Facebook when she saw glass windows and doors being advertised, under a contact number. She suspected that the items, were items stolen from her warehouse. The complainant then contacted the number and the person who answered the phone gave the directions to Penisimani Fa'aoa's residence in Longolongo.

At this house, the complainant saw that some of these items belonged to her so she then told the two persons there that these were her stuff and that they had stolen these items. The complainant went straight to the Central Police Station and lodged a complaint.

On 5 January 2024, Police arrived at Penisimani's residence with a search warrant. Penisimani informed Police Officer and that the items were brought in by Salesi and that Salesi came in the night before and started to remove some of the items. The Police noticed the area behind and retrieved a brown-coloured drawer, metal table, a cupboard, and a computer.

Police also entered a shed behind the house and found a black tv screen, a silver fan, two golden coloured curtains, a mattress, a micro black box containing a KDS auto line laser with an ice-cream bowl containing three charges and a grey remote and other items.

At the same time, on the roof of the shed they found a weed-cutter, a black and red stroller, a black and red coloured hydraulic jack, then on the rear area found in an orange bin, working tools, a silver chain and parts of weight-lifting equipment and weight lifting equipment. A fridge, a blue cooler, two boxes of tools, black pieces of metal, an electric pan, a white door was also found. The complainant then filed her complaint with Police.