By Linny Folau

Salesi Fa’aoa (33) was found guilty of receiving stolen timber valued at around $35,572 from T Construction Company, in a judgement in the Supreme Court in Nuku’alofa, on 26 March. Two co-accused also pleaded guilty.

Lord Chief Justice Bishop ordered a police inquiry into Fa’aoa's allegations of police misconduct.

The Prosecution’s summary of facts stated that the company owns a timber yard at Fanga. In early June 2024, at around 1:00am, the defendant and another co-accused used a bolt-cutter to cut the fence and entered the timber yard. They took some timber and hid it in nearby bush to see if the workers would notice the missing timber. The two men returned later that night, took more timber, and used a truck to deliver the stolen goods, and went around advertising it.

The Lord Chief Justice noted that it was not contested that the goods were stolen, nor was it disputed that the defendant had possession, custody, or control of the timber. However, it was contested whether he did so dishonestly, meaning he did not know or believe the goods were stolen.

On 10 June 2024, Tevita Ma’u, the manager of T Construction, discovered the theft at the warehouse, with timber valued at $35,772 missing. Some timber was retrieved, leaving a shortfall of $20,375.

The court heard evidence from Olivia Niu, who owns a small shop selling clothes. In June, a white truck drove to her store, and the occupants, Charlie (the defendant) and Sione Ngaue, offered to sell timber. They spoke to her husband while she attended to a customer.

Another sale attempt was made with Unaloto, who arranged to purchase timber from the defendants. He eventually paid $80 when they asked for money for petrol. Although there was no clear evidence of the defendant's involvement in this transaction, it was undisputed that he later called Unaloto asking for the money owed for the timber. An arrangement was made to meet at a bus station for the payment, where the defendant was arrested.

Assault allegation

Police Constable Hefa testified about arresting the defendant, who alleged that he was subjected to a serious assault by officers at the police station.

“These of course are serious matters, and I will deal with it later in this judgement. The defendant declined to give evidence himself. This means that the allegations which were put to the witness, Police Officer Hefa, and which he denied, have not been supported by evidence from the defendant himself. In other words, his decision not to give evidence which is entirely matter for him and what he is perfectly entitled to make means that there is nothing to set against the denial, which have been made by the officer,” stated the Lord Chief Justice.

However, the defendant's co-accused, Sione Ngaue, testified that he was roughly handled during arrest and shown a video of the defendant being beaten to induce him to make full admissions, which he did.

Ngaue stated that he signed the confession implicating the defendant because he had been assaulted by the police.

The Lord Chief Justice based his findings on the totality of the evidence, excluding the allegations of police brutality. He was satisfied that the timber was stolen and that the defendant had possession, custody, or control of the goods. The defendant assisted in unloading the timber and sought payment for it, indicating awareness or belief that the goods were stolen.

The doctrine of recent possession allowed the judge to infer the defendant's guilt, as he had possession of the stolen items shortly after the theft and did not provide a satisfactory explanation. The defendant's actions, such as moving the timber at night and quickly dropping the price, suggested a guilty mind.

The defendant was found guilty and convicted, pending sentencing in May.

Regarding the allegations of police misconduct, the Lord Chief Justice ordered a transcript of the evidence from Sione Ngaue and Police Constable Hefa to be sent to the Police Commissioner for an inquiry. The results of the inquiry are to be communicated to the Court.