Suspended sentence for 16/11 rioter [1]
Thursday, February 12, 2009 - 11:34. Updated on Thursday, July 30, 2015 - 15:26.
Paula Fonoifua received a suspended sentence of two years today for riotous assembly and breaking into the Molisi Tonga Supermarket and Leiola Duty Free Shop during the riots of November 16, 2006, in Nuku'alofa.
The accused, who is in his twenties from Ma'ufanga, pleaded guilty to three charges of riotous assembly and two housebreaking charges into Molisi Supermarket and Leiola Duty Free Shop when he appeared before Chief Justice Anthony Ford at the Nuku'alofa Supreme Court.
Crown Prosecutor Semisi Lutui told the court on the morning of November 16, 2006, the accused was working at the Tonga Water Board. In the afternoon he came to town to see what was happening and saw Molisi was being damaged.
He joined the riot at the supermarket and went in with looters before heading to the Shoreline building. He then followed the rioting crowd to the Leiola Duty Free Shop where he joined in the damage and entered the shop with looters before moving on to other places.
The Crown Prosecutor accepted that Paula was not a ringleader of the events that took place and that he had no previous convictions.
Tragic and sad
Chief Justice Anthony Ford in passing the sentence told the accused his involvement in the 16/11 events is tragic and sad, but typical with the many accused who had appeared before the court.
"You were not involved in the political rally in Pangai Si'i, neither the march from OBN television but your action has cost you your job and that is a severe punishment in itself.
The Chief Justice therefore sentenced him to one and half years imprisonment for riotous assembly and two years imprisonment each for the housebreaking charges but he ordered that they be served concurrently making it two years in total.
After hearing the Crown's submission that the accused was not a ringleader in the events and considering his early guilty plea and that he was genuinely remorseful of what he did, the Chief Justice suspended the whole sentence for two years effective immediately.
He ordered this is set on the condition that Fonoifua completes 80 hours of community work.