Man jailed for relationship with first cousin [1]
Saturday, June 6, 2009 - 14:37. Updated on Sunday, May 11, 2014 - 11:25.
Peauafi Halapio was sentenced to six and a half years in Hu'atolitoli Prison for incest committed with his first cousin who was similarly charged with the criminal offence but was given a suspended sentence.
The Nuku'alofa Supreme Court was told that Peauafi and Sepiuta Mo'onia (31) are first cousins (Peauafi's father is the brother of Sepiuta's mother) and this is their second incest charge.
In the sentencing, on June 5, Chief Justice Anthony Ford clearly pointed out Peauafi as the instigator of the crime and sentenced him to five years in prison.
He then added a first 18 months suspended sentence for the first incest charge in 2007, which he violated when recommitting this same offence, making it six and a half years in total and effective today.
The Chief Justice said Sepiuta's offence was of a different nature because it was clear she was not the instigator of the offence. She tried to end the relationship and Peauafi at one point threatened to commit suicide.
After considering all factors the Chief Justice revoked the previous suspended sentence and therefore sentenced Sepiuta to three years imprisonment for the current offence, which he suspended for two years on condition she does not commit any criminal offence and she is to complete 120 hours of community voluntary work.
First cousins
Chief Justice Anthony Ford emphasised under the Tonga Law carnal knowledge between first cousins is a criminal offence that carries a maximum imprisonment sentence of 10 years, applying to both men and women.
He said the case is a major concern since this is not the first time they appeared in court for incest charges.
"You knew your family relationship before committing this and your families were horrified when they found out what was going on between you two and made efforts to counsel you.
"And I too had hoped that you learnt from the first offence. Sadly you have let the court down, your family and especially yourself ", he added.
Children
The court was told that in the first sentence in March the court specifically issued an order for the couple to cease relationship but they must have resumed straight after because from March 2007 up to January 2009 when they were arrested, Sepiuta mothered two children and one died just after two days.
The Chief Justice added because of the unusual nature of the case he sought the advice of the Solicitor General.
The Solicitor General submitted that prohibition of incest is deeply embedded in the Tongan society because the Tongan society is small and closely knitted and you do not marry into your own kind.
The defendant Peauafi in his final submission said he questioned God why he gave them children.
"In reality that is a selfish attitude and it is too late to ask for mercy now", said the Chief Justice.