The ringleader of an armed robbery who shot and injured a man at a Nuku'alofa carpark, was a professional criminal who had been let out of prison early for previous armed robbery and then reoffended.

"Why the Prison Authority released you early is beyond me," Tonga's Chief Justice told the convicted robber Samuela 'Alatini, in sentencing him to 18 years imprisonment today.

At the sentencing in the Nuku'alofa Supreme Court, the Chief Justice said that the accused had learnt nothing from his previous imprisonment and now he was facing yet again more serious charges for this armed robbery where he shot the victim in the leg. "I see you as the ringleader in this crime", he said.

Five accused

Chief Justice Anthony Ford sentenced five young men for armed robbery, imposing terms from eight years to 18 years imprisonment.

The Chief Justice told the accused Samuela 'Alatini, Tevita 'Alatini, Pita Latu, Lei'ataua Foliaki and 'Opeti Fekau, aged between 23 and 26 years, that the deterrent imprisonment sentence was to deter others from resorting to such violent crime.

The five men were charged with multiple offences of armed robbery, causing grevious bodily harm, conspiracy to armed robbery, abetment to armed robbery and possession of illegal firearms and ammunitions.

S'i Kai Ola carpark

These charges were all related to an armed robbery that took place outside the Westpac Bank of Tonga Branch at the Si'i Kae Ola center on May 26 this year.

Four of the accused Samuela 'Alatini, Foliaki, Fekau and Latu used a disguised rental car to drive into the bank's parking lot while the fifth accused Tevita 'Alatini remained at a tax allotment in Hofoa.

Fekau first got out armed with a .12 shotgun and tried to snatch a bag of money from a woman cashier of the Discovery Corporation who was on her way to deposit the money in the bank. While struggling, the clerk's co worker Sitiveni Lei got out of their vehicle to assist her, but he got shot on the leg by Samuela 'Alatini who was also armed with a shotgun. The robbers then fled with the $3,000 cash.

The accused were also sentenced for other crimes committed prior to this armed robbery but their sentences were to be served concurrently.

Ringleader

The longest sentence of 18 years imprisonment was imposed on Samuela 'Alatini, for shooting Sitiveni Lei and for another robbery he committed on March 20 when he and others stole a delivery truck from a Chinese businessman in Nuku'alofa.

"It was clear this was a well-planned armed robbery and you decided to take the risk that you would not get caught but that did not happen. And the police commendably tracked you down and arrested you at Vava'u," said Chief Justice Ford. "You are nothing but a professional criminal and, as the probation report stated, you were targeting the businessman who was running the Discovery Corporation and you planned the robbery weeks ahead."

The Chief Justice Ford told the court that this is not the accused's first offence as he was previously sentenced to eight years in prison in December 2004 for armed robbery. That sentence was reduced to seven and a half years, later reduced to four and a half years but then he served only two and a half years and was released early.

The Chief Justice pointed out that the prison authority needed to re-look at their policy in this regards to this because it is not much use if the court set a deterrent sentence for such a crime to only be undermined by them.

"Your release remains unjustified," he told the 'Alatini.

The Chief Justice initially imposed a concurrent sentence of 15 years imprisonment but then he reimposed the three years sentence 'Alatini was supposed to serve in 2004, making it 18 years in total.

He also took into account Mr Justice Shuster's sentencing of an armed robber earlier this year, when he imposed on him an 18 years deterrent sentence.

Other accused

The second accused Pita Latu, charged with conspiracy to armed robbery, and abetment to armed robbery was initially sentenced to 15 years imprisonment.

The court was told Latu had 11 previous convictions, which included a one year suspended sentence imposed on him in 2007 and was existing when he committed this crime. Therefore the Chief Justice added the one year suspended sentence making it 16 years in total.



The third accused 'Opeti, was the first who got out with the gun and tried to take the money away from the woman clerk as she was making her way to the bank. He was sentenced to 13 years imprisonment.

But the Chief Justice - after considering that he was a first offender, that he entered an early guilty plea and had cooperated with the police - suspended the last four years of the sentence for three years from date of release. This means 'Opeti will serve nine years in prison.

Lei'ataua Foliaki, who faced the charges of conspiracy and abetment to armed robbery, was also sentenced on separate counts of housebreaking from a previous incident, was sentenced to 15 years in prison to be served concurrently. But because he re offended while on an 18 months suspended sentence, the Chief Justice added that to his initial making a total of 16 and a half years sentence to be served.

Tevita 'Alatini who was charged with conspiracy to armed robbery and abetment to armed robbery as well as a separate indictment for housebreaking in Mataika in June, was sentenced to serve eight years in prison.

The Chief Justice added that even though he committed both cases, he had no previous conviction and had pleaded guilty at the earliest opportunity so he therefore suspended the last four years for three years from date of release meaning he will serve four years.

Chief Justice Ford emphasised that the number of armed robbery cases was increasingly evident in the country nowadays. His sentencing is to deter others who were thinking of committing such a serious crime.