On the second day of a jury trial of four accused charged with multiple offences arising out of the November 16 riots, a witness told the jury on April 6, that he saw one accused smash the glass windows of the Molisi Supermarket.

The four accused are 'Etuate Uata, 'Asiata Masima, 'Onitulei Manu and Kata Leleifua who are charged with serious offences of riotous assembly, damage and destruction of buildings and housebreaking.

Initially, there were five accused, including a business woman 'Ofa Simiki who faced two counts of riotous assembly and abetment to the destruction of buildings, namely the Phoenix Chinese shop.

Crown Prosecutor 'Aminiasi Kefu advised the court this morning they had decided that her trial be held separately on May 4.

He called his first witness Police Inspector Tupou 'Otutaha to give a general evidence of the events he saw on November 16, 2006.

The witness told the court he saw the accused, 'Asiata Masima throw an object at the glass window of the Molisi Tonga Supermarket on that day.

He also identified the accused in court as one of the rioters he saw throwing objects at the glass windows of the supermarket, as he was standing from the veranda of the Onetale Store beside the supermarket.

Masima is charged with seven counts, including the damaging of the Prime Minister's Office, Treasury, Parliament, Molisi Tonga Supermarket, Pacific Royale Hotel and a government vehicle.

The witness added he was initially called to stand guard at Parliament on the morning of this day alongside other police officers.

He followed people when they moved from Pangai Si'i to the Prime Minister's Office in the afternoon and the trail of wreckage, which continued to the Treasury, Parliament, the courts, Molisi Tonga Supermarket, Shoreline and Leiola Duty Free Shop.

Crown's case

Crown Prosecutor 'Aminiasi Kefu in his opening address told the jurors he intended to call a total of 11 witnesses to give evidence according to each accused.

They would include police officers and other people who were eyewitnesses to the offences allegedly committed by the accused.

He said all four accused were charged with riotous assembly at various areas arising out of 16/11, and evidence would be presented to confirm there was a political rally at Pangai Si'i and at one time it went to the Prime Minister's Office where objects were thrown at the building and some angrily shouted and cursed at the Prime Minister, before continuing to other places.

"The Crown says all those who committed these actions riotously assembled, including the four accused."

The Crown must prove four essential elements in relation to a riotous assembly charge; that there were three or more people gathered, they had a common purpose to commit an offence, in execution of that purpose they breached the peace and lastly they caused fear among the people in the area.

Three accused are charged with the damage and destruction of buildings namely Uata, Masima and Manu. The Crown will call witnesses to give evidence on their behalf

While Manu, the only accused charged with the abetment to the destruction of the Rainbow Store, the Crown would call a witness who directly heard him encourage people to burn down Rainbow.

The last offence of housebreaking in relation to Molisi, which Leleifua is charged with, the Crown intended to call witnesses and present photos that showed him coming out of the supermarket with a box of beer.

The Crown anticipated his case would finish on Thursday, April 9 but the remaining trial of the others would continue to next week, after Easter.