By Linny Folau

Sione Ngaue and Salesi Fa’aoa were sentenced to imprisonment for charges that included theft and receiving stolen timber valued at $35,572 from a builder’s warehouse. Their co-accused, Steve Koloamatangi received a suspended sentence.

Lord Chief Justice Bishop sentenced the men on 7 May in the Supreme Court, Nuku’alofa.

The matter was set to proceed to trial on 24 March, however all defendants were re-arraigned. Ngaue pleaded guilty to theft and similarly, Koloamatangi pleaded guilty to receiving stolen property. While, Fa'aoa was found guilty, after a trial for receiving the stolen property.

Ngaue then stood for sentencing on the theft, while Fa’aoa and Koloamatangi for receiving stolen goods, namely timber from a builder's warehouse at the value of $35,572, of which only goods to the value of $15,197 were recovered.

The Lord Chief Justice after being advised accepted that the owners had sustained a substantial financial loss because the construction work that they were undertaking could not be completed in time and they had to pay a penalty of $30,500 to the World Bank, who were subsidizing the operation in question, which was the erection of a boarding school dormitory in Tonga.

“In addition, the complainant had to obtain from abroad a load of timber costing $20,500 as that type of timber was not sold here in Tonga so he lost $35,000 but recovered about $15,000 a loss of $20,000 and had to expand a further $20,000 on replacements as well as the $30,500 penalty all because of what you all did.”

He stated that a large amount of timber was stolen from a company warehouse with Fa’aoa and Kolomatangi taking the timber and sold some of it to an unsuspecting shop owner. They tried to sell some further timber but the customer sensibly declined and suspected that something was up, and Fa’aoa was arrested.

“I make it clear that you have every right to put the prosecution to proof and I impose no penalty for that however it does suggest a lack of remorse on your part which bodes ill for future rehabilitation. Each of you Sione and Salesi have a bad criminal record, you Sione for theft drunkenness, assault, drugs housebreaking, and you Salesi for theft and drugs.”

Report from Probation stated that Ngaue was assessed at high-risk of re-offending and recommended a custodial sentence. 

Fa'aoa was also high-risk, was not remorseful and refused to make amendments in relation to this offending. Similarly, a custodial sentence was recommended.

Koloamatangi had no relevant previous convictions, and he had pleaded guilty and given every indication that the prospects of rehabilitation in his case was good.

“Receiving stolen property is a very serious offence. It is trite but true that without receiving, theft would be less common,” siad the judge.

He sentenced Ngaue to three years imprisonment with the last six months suspended for two years on conditions, backdated to 13 June 2024.

Fa'aoa was sentenced to three and half years imprisonment sentence effective on this sentencing date in partial cumulation to his current sentence, he is now serving for another case. 

Koloamatangi received a sentence of 18 months' imprisonment fully suspended for two years on conditions. This includes completing a course on life skills and 60 hours of community service within 12 months, as ordered.