By Linny Folau

Motekiai Taufahema (48) was jailed for three years after being found guilty of two offences that included serious causing bodily harm, when he threw a machete injuring a man in a confrontation outside his home in Navutoka. Police also found drugs utensils inside the home.

Lord Chief Justice Bishop sentenced him on 7 May in the Supreme Court, Nuku’alofa. He was earlier found guilty of two offences.

In his judgement via audio visual link in the Supreme Court on 24 March, the defendant was found guilty on the two chargess. Due to insufficient evidence, he was acquitted on three other charges of common assault, discharging a firearm with the intent to intimidate and using an arm without a licence.

The Prosecution told the court that on 20 July 2024 Nuku, Lemoto and two others were walking along the main road in Navutoka near a cemetery when a vehicle drove past them, and someone inside swore at them. The vehicle continued driving, later stopping at the defendant, Taufahema’s residence, where the individuals approached. Nuku entered the premises after being beckoned by Taufahema.

The defendant shouted at Nuku to wait there. He entered his house and returned with the machete, which he swung at Nuku, causing Nuku to flee. The defendant threw the machete at Lemoto, which struck him on the right foot. It was alleged that the defendant then went into the house and returned carrying a small pistol, discharged one shot into the air, and fired three to five shots in the individuals’ direction, causing them to flee. Police later arrested the defendant at his residence. 

The Lord Chief Justice stated that in finding the defendant guilty of serious causing bodily harm it related to what happened outside the premises, when he brandished the machete intending to hurt Nuku, who the defendant believed had been rude to him and threw it towards him but missed and struck a third-party on his leg causing injuries, which were quickly tended to at the local hospital.

“I accept that in the words of the report that he caused a wound, which was not severe. From his probation report it was reported that he primarily worked as a construction contractor, and he was deported back to Tonga from Australia in 2016, due to charges there for manslaughter, together with his brother. He expressed remorse over the offending.

The Lord Chief Justice stated that this incident was entirely of the defendant’s own making as there was no need for him to escalate what he perceived to be a passing insult by producing what looked like a gun and later using a machete, which caused some though not severe injuries. 

“What is particularly serious about your case is the recklessness with which you used a potentially lethal weapon. On this occasion, it caused injuries to an entirely innocent third- party, but it could have been fatal, and behaviour of that kind must be condemned. Furthermore, you have an appalling record for serious violence. There are five offences of assault including firearms offences and a conviction for murder and manslaughter, which I infer involve two victims on the same occasion.”

“The court heard that since then, he had married, and found a wife who is both supportive and impressive. It had been hoped that moving back to Tonga you would have changed your ways, but your short temper has got the better of you and I am satisfied that nothing other than an immediate custodial sentence is possible here,” he stated.

He was then sentenced to three years imprisonment backdated to start from 19 March. It was further ordered that the utensils be destroyed.