By Linny Folau

Penisimani Foukimoana Koli Moa (33) was imprisoned for one year and eight months imprisonment after he entered the Emerald Hotel and pointed a .22 pistol at the forehead of an employee.

The offending occured in January this year.

Justice Tupou sentenced him on 18 July at the Supreme Court in Nuku’alofa, on charges of trespassing with arms and common assault.

On 23 May 2025, the accused pleaded guilty to four counts of possessing 0.92grams of cannabis, possession of arm without a licence, when he had in his possession a .22 semi-automatic pistol, trespassing with arms, when he entered Emerald Hotel with the .22 pistol.

He also pleaded guilty to common assault, when he pointed the .22 pistol at the forehead of Sonatane Havea, who believed on reasonable grounds that he was going to be shot.

The judge stated that the offending was on 4 January 2025, at around 1:45am, when Sonatane was working at the front-desk of the Emerald Hotel, when the defendant entered. He was drunk and bellowing foul language and approached the front desk and asked for keys to a room. Sonatane told him there were no vacancies at the hotel and the front desk had closed.

The defendant took out the pistol from his pocket, pointed it at Sonatane’s forehead, poked his forehead with it while screaming and swearing, then he put the pistol back in his pocket and left the hotel. The complainant lodged a complaint with the Police.

Thent at around 2:45 am that same morning, the Police stopped a black Voxy vehicle at Hala'ovave. The defendant and three others were removed from the vehicle. The defendant was seated at the back on the right side of the vehicle. During his search, police uncovered the silver pistol in his trouser pocket. Police Officer ‘Aho also noticed a pack which he suspected was cannabis and the Drugs squad were alerted.

Another Police Officer Fifita of the Drugs Squad arrived and informed the defendant and his companions’ of the suspected pack of cannabis and were informed that a search would be conducted at the Central Police Station. When questioned, the defendant volunteered, the pack was his. He also admitted that the pistol belonged to him.

On 7 January, the pistol was examined by Police Officer Tomu, who confirmed it was a real firearm, in good condition and capable of firing a projectile. It was also confirmed that the accused held no licence for a .22 pistol or .22 ammunition

Meanwhile, the Crown’s submitted that the aggravating features of the offending were: the accused threatening the complainant with a firearm at a public place; the firearm was licensed he was found with an illicit drug Class B. He alo had a previous conviction for drug offending. His only mitigating features was his early guilty plea and cooperation with the police.

In his Pre-Sentencing Report, the defendant came from Kolofo’ou, and his family migrated to the United States of America when he was 11 years old. However, he was deported to Tonga on 19 March, 2015 after being convicted for burglary and assault. It was reported he became addicted to alcohol and drugs in the United States and after deportation to Tonga, it had not stopped.

The Victim's Report stated that the complainant was  traumatized from the event and quit his job as a result. 

The judge stated that the Prosecution was correct that count three was the more serious offending and the appropriate head count for the common assault, when he pointed the .22 pistol at the forehead.

“This Court has previously expressed the view that serious consequences should follow a conviction for possession of an unlicensed firearm and that it is almost inevitable that a custodial sentence will be imposed for offences involving firearms.

“Possession of unlicensed firearms is increasing and dangerously common, which is often linked to drug offences as in this case. Here, the defendant foolishly thought it appropriate to carry in his trouser pocket an unlicensed .22 pistol, while out drinking. It seems there was no ammunition inside the pistol, but only he knew that. Then to go on and point it at Sonatane’s forehead, poke him with it, while intoxicated and screaming profanities turned Sonatane’s night into one of terror and so much that he left for his home after the incident and quit his job a week later.

“No punishment imposed here can undo Sonatane’s experience in the early hours of the morning in question. Hopefully, the impact will subside with time.”

The judge also did not think it was appropriate to suspend part of his sentence as the defendant is not young and is a recidivist. He had the benefit of the court’s leniency in the name of rehabilitation on previous occasions and has continued to re-offend.

In 2015, he received a fully suspended sentence of three months for theft and a discharge without conviction in 2016 for trespass. He was convicted in 2020 for possession of an illicit drug and was sentenced to six months imprisonment, fully suspended. He had also been in custody since 21 April, 2025 for breaching conditions of his bail in this matter. Additionally, the judge considered relevant the seriousness of the degree of harm inflicted on Sonatane by the defendant’s conduct here.

The defendant was sentenced to one year and eight months in prison to be backdated to reflect his time in police custody. While, the firearm was ordered to be forfeited to the Crown and the illicit drugs to be destroyed.