Anyone who sets fire to buildings or vehicles will go to jail, states Chief Justice [1]
Friday, March 13, 2009 - 18:45. Updated on Friday, September 12, 2014 - 15:09.
"I have made it clear in previous 16/11 cases that anyone who sets fire to a building or vehicle will go to prison even if they are first time offenders", Chief Justice Anthony Ford told Sione Mohuanga in sentencing him to two years in prison today.
The 31 year old accused from Ma'ufanga appeared in the Nuku'alofa Supreme Court and was sentenced for three counts of riotous assembly, abetment to the destruction of a motor vehicle and the destruction of a motor vehicle, arising out of the events of November 16, 2006.
The Chief Justice sentenced the accused to three years imprisonment but after considering his early guilty plea, having no previous conviction and his cooperation with the police, he suspended the final year of his sentence for three years effective from the date of his release.
In a summary of facts read out by Crown counsel Semisi Lutui he said on this particular day, the accused and two friends returned to Nuku'alofa in the afternoon after having a picnic at Veitongo Beach.
When they arrived at the Tungi Arcade, the accused saw two vehicles overturned on Taufa'ahau Road. He gave a match to one person where he set on fire the first vehicle before the accused then lit a waist mat from the burning vehicle and set on fire a second vehicle. Both vehicles were completely destroyed.
The Crown accepted the accused was not a ringleader but he was directly involved in the destruction of these vehicles.
Shame
The Chief Justice in passing sentence told the accused, the two charges of abetment to destruction and the destruction of a motor vehicle is a very serious offence carrying a maximum of 15 years imprisonment.
You are a 31 year old single man living at home with your parents who are church stewards at the Free Wesleyan Church; obviously they are decent people who must be horrified by your action, which has brought shame to your family name.
"The Probation report said you have no regular employment but you help out at the family plantation. It appears you had a problem with alcohol in the past because on the day in question you were drinking but that is no defence.
"I accept you are remorseful and are not a ringleader and your counsel Mana Kaufusi said you were not present at the political rally at Pangai Si'i. That is why it is so mysterious why you committed these criminal acts. But despite the favourable things said about you, the fact of the matter is you provided the match to set the first vehicle on fire and then you set fire the other," emphasised the Chief Justice.
He told the accused it was not for his guilty plea he would have sentenced him to four or five years imprisonment.
"You are therefore as convicted and sentenced to 18 months imprisonment for riotous assembly, and three years each for the two remaining counts. The sentences are to be served concurrently making three years in total."
But after hearing submission from the defence counsel, the Chief Justice suspended the final year of this three-year sentence meaning the accused will only serve two years in prison.