A Kolonga man who callously shot a woman shopkeeper at point blank range deserved life imprisonment for the extremely serious crime, but Tonga's statutes do not allow a life term, a Tongan Supreme Court judge said on September 5.

'Alani Langi (34), who shot 55-year-old Ying Jin at point blank range in an attempted armed robbery last year was sentenced to 18 years imprisonment by Mr Justice Shuster in the Nuku'alofa Supreme Court.

Ying Jin was shot at close range and left lying in a pool of blood in her small fale-koloa on Vaha'akolo Road, Tofoa on October 26, 2007 by her cold-blooded attacker who fled without taking the money he demanded.

Mr Justice Shuster in his sentencing strongly said because of the extreme seriousness of the crime his sentence would deter others from such attempts, "and to protect ordinary members of society, particularly isolated shopkeepers who work hard late at night to earn money, from criminals such as these," he said.

Langi of Kolonga was charged and convicted on two counts of firstly causing grievous bodily harm when he wilfully used a .22 rifle and shot Ying in her lower abdomen causing wounds to her stomach; and secondly on a second charge of attempted robbery.

Constrained by statute

Mr Justice Shuster said if he had the power, he would have imposed on Langi a sentence of life imprisonment because of the extreme seriousness of the crime when he shot someone at point blank range.

"But I am constrained by statute to a term of no more than 20 years imprisonment," he said.

Mr Justice Schuster also pointed out the Tongan Parliament should revisit this statute in relation to the sentencing of an armed robbery case such as this.

Deliberate shooting

In relation to Langi, the judge said the starting point of his sentencing is 20 years imprisonment because he severely injured someone who will suffer for the rest of her life.

"You shot someone deliberately and in the count of grevious bodily I sentenced you to eight years imprisonment and then 10 years for attempted robbery. The sentence will be served consecutively meaning you will serve a total of 18 years imprisonment," said the judge.

"You wilfully and in a callous act shot someone about one foot away and fled."

"The crime of armed robbery is increasing in Tonga," added the judge.

Second accused

A second accused Kelepi Maile (21) of Houmakelikao who was charged in relation to same incident was also convicted of one count of abetment to the armed robbery. He was sentenced to 10 years in prison. Maile was given no credit because he pleaded not guilty.

The hearing of the two men was held at the Supreme Court on September 1-2 before Mr Justice Shuster alone. Both men pleaded not guilty to all charges but were found guilty and convicted at the conclusion of the trial.

Langi was initially charged with attempted murder but this charge was dismissed because the Crown offered no evidence, but he remained charged with causing bodily harm and attempted robbery.

Shooting

The judge said he accepted the evidence of witness Kusitafu Pohahau who testified during the hearing he was picked up by the two men in a blue car on the Friday night of October 26.

He gave evidence that they drove around with Langi as the driver and around 10:15pm they parked the car in a dark spot opposite Ying's store at Tofoa.

The judge said he believed the witness' evidence that the two men went with the armed gun with the intention to steal goods or money from the shop. Langi got the gun from the boot of the car.

The witness added Langi wore a red hood and this was clearly identified and confirmed by the victim in court and was not challenged by the defence.

Victim still suffers

The judge said Ying also testified that she was doing her stock when she heard someone say, "give me the money"; she thought it was a joke but then she saw the gun and was shot just after a few seconds in a close range of about one foot from her.

The victim was hospitalized for four weeks but her intestines were damaged and she still suffers from the pain.

The two men will serve their sentencing effective from Friday September 5.

The Crown Prosecutor was Semisi Lutui. Counsel Tesina Fifita aced for Langi. Maile represented himself in court.