By Linny Folau

Pesanimo Lolohea is serving one year in prison for causing serious bodily harm to another man in an act of violence using a gun and then a spade.

Lord Chief Justice Bishop sentenced him on 8 May in the Supreme Court, Nuku’alofa. This was after he pleaded guilty to the charges of causing serious bodily harm and presenting a loaded firearm within range and common assault.

On 9 September 2024 the defendant went to the victim, Pouvalu's house because he believed that he had been persistently stealing from his plantation.

“Whilst he was asleep you kicked open the door carrying a shotgun, demanded why the victim had cut down his tutu plants at his bush allotment. There was a verbal altercation in which the victim took up a hammer and told the defendant to get out of his house. The defendant backed away pointing the shotgun at the victim and threatened to shoot him,” state the judge.

“You kept pointing the shotgun at the victim who managed to close the door. You then discharged the shotgun at the door. The pellets from the shotgun fell through the door hit the victim on his left thigh causing injuries, which I accept were not life-threatening or very serious.

“Matters did not stop there because the victim got outside the property and a struggle ensued, during which the shotgun was discharged into the air. Still matters did not stop there because you then threw down the shotgun and picked up a spade which you used to beat the victim and eventually you left the scene but came back and took out your shotgun and pointed at the victim again and a neighbour became involved.

The. judge noted that the defendant ignored her entreaties and moved over closer to the victim still pointing his shotgun at him.

“The victim threw his hammer at you, and you told the neighbour to move to the side so that you could shoot him. A number of neighbours heard what was happening and entreated you to desist and you eventually drove off,” he stated.

“Now this was a very serious incident indeed. I accept that the injuries which Pouvalu suffered were not extremely serious, being swelling on the left forearm, multiple small puncture wounds on the left thigh and small superficial abrasions probably caused by the metal pellets when you fired your 12-gauge shotgun. Now, the ownership of shotguns in the Kingdom is widespread and is perfectly acceptable and understood for legitimate purposes among the agricultural community, however, this places a strong responsibility on those who are licensed to hold firearms from not using and abusing it as you did.”

The Lord Chief Justice considered the many letters of support and petitions and said it was plain that the defendant was, in normal circumstances, an upstanding member of the community and greatly respected.

“That makes what you did particularly unfathomable. I have considered the victim impact report and accept that your apology and payment of $2000 has been accepted by the victim, which is to his credit, but since this incident they have left Lapaha and returned to the Vava'u, that was a prudent step, but I accept that the victim who has become rather introverted about the incident must have suffered mentally as a result,” he stated.

“The use of a shotgun is a deadly weapon and self-evidently is potentially lethal. Although there were some provocations the sense of your suspicion that the victim been stealing your crops, but that was not in anyway justification for what you did. The incident itself was not a single act of violence but the use of a gun and then a spade. In addition, what you did must have greatly disrupted the peace of your local community. I accept that it was not premeditated in the sense of careful preplanning, but it was neither opportunistic nor accidental because you turned up at the premises with a loaded gun."

He said that the defendant pleaded guilty at the first opportunity, apologized and made the monetary compensation, surrendered his firearm, and had no previous convictions. “Balancing these factors, I have concluded that the overriding duty of the court is to seek to stamp out violence involving firearms in this Kingdom. For those reasons, no sentence other than an immediate custodial sentence is appropriate.

All sentences are to be served concurrently. He sentenced the defendant to two years imprisonment, with the last 12 months suspended for two years on conditions. This includes not committing any offence punishable by imprisonment, being placed on probation, must report to the probation office within 24 hours of his release from custody and must undertake a course of life skills and anger management under the direction of the Probation Office, ordered the Lord Chief Justice.

The defendant is now serving one year in prison. The 12-gauge shotgun was forfeited to Tonga Police.