Houses slashes penalties for firearms offences [1]
Friday, October 14, 2011 - 14:15. Updated on Friday, May 2, 2014 - 10:27.
From the House, by Pesi Fonua
In a year that has seen a dramatic increase in armed robberies in Tonga, parliament voted to massively reduce the penalties for the illegal possession of firearms - slashing the maximum penalty from $5,000 to only $1,000 and from five years imprisonment to only one year.
Tonga's first fully elected parliament voted 12-9 to stop public consultation on the Private Bill to reduce the penalty on the illegal possession of firearms, before going on to pass the Bill 10-8 on Tuesday, 11 October.
The House bypassed public consultation by defeating a motion that the Bill for the reduction in firearms penalties should go to public consultation first.
Crime involving the use of firearms is on the rise in Tonga.
The Private Bill to reduce the penalties was tabled into parliament by the People's Representative for Constituency 7, Sione Sangster Saulala, but it was resubmitted to the House after it began the process of law making through the parliamentary Standing Committee on Legislation, which is chaired by the Minister of Justice, Hon. Clive Edwards.
Members of the parliament Standing Committee on Legislation are:
1. Lord Lasike
2. Lord Tui'afitu
3. Lord Tu'iha'ateiho
4. Hon. Samiu Vaipulu
5. Hon. Dr 'Ana Taufe'ulungaki
6. Hon. Clive Edwards
7. Hon. 'Isileli Pulu
8. Sione Havea Taione
9. Semisi Tapueluelu
10. Siosifa Tu'utafaiva
Unusual
The Bill, somehow, took an unusual journey through the process of law making. It was not tabled into parliament before it was directed to be sent straight into the Standing Committee on Legislation. After that it was tabled into the House for its first reading.
When it was submitted to parliament on 10 October, the new Minister of Police, Hon Lisiate 'Akolo said that it was the very first time that he had seen the Bill, but because of the nature of the Bill and because it was a Private Bill he requested for it to be put through the government process of law making, that is through the Crown Law and various bodies that deal with firearms.
Sione Saulala said that his Bill was a request from individuals in his electorate who wanted the penalties for infringements of the Act to be reduced, and for the fine for the illegal possession of firearms to be reduced from $5,000 to $1,000 and the imprisonment from five years to one year
The Minister of Justice, Hon. Clive Edwards, a member of the Standing Committee told the House that the issue with the Bill is that a person will be found guilty for keeping a firearms and ammunition in his possession without a licence. The situation could be that the person used to have a license but forgot to renew his license, or that he was just keeping the firearm illegally. Clive argued that this person with the firearm under the law would become an offender and his future would depend on the mercy of the judges. He said that this offender had no righst and he would become just a thing with no rights and relying on others. "Let's not go to those Babylonian behaviour," he said and told the House that he supported the amendments.
Personal interest
The Speaker of the House, Lord Lasike also expressed his support for the Bill, and he was doing so not for his own personal interest. He told the House that he had been heavily criticized by the Tongatapu PR No. 8, Sione Taione since he had a pending case for the illegal possession of ammunition.
Sione Taione replied that he had never said such a thing to the Speaker. He was against the Bill, and favoured for the Act to remain as it was. He believed that the old Act gave the accused offender opportunities to prove his innocence in court.
Sitiveni Halapua wanted some clarification on why there was a move to amend the Act, bearing in mind the increased in the number of criminal
Offences, using firearms.
'Akilisi Pohiva also argued for the Act to remain as it was.
Sione Taione moved for the debate on the Bill to be deferred, awaiting a Public Consultation on the Bill but the motion was defeated 12-9.
Bill carried 10-8
The Chairman then called for votes on the Bill. It was carried 10-8.
For it were - Sangster Saulala, Hon. 'Isileli Pulu, Hon. Viliami Latu, Lord Tu'ivakano, Lord Vaea, Hon. Fe'ao Vakata, Hon. Clive Edwards, Hon. 'Uliti Uata, Lord Tu'ilakepa and Lord Tu'iha'ateiho.
Against were - 'Akilisi Pohiva, Semisi Sika, Sitiveni Halapua, 'Aisake Eke, Sione Taione, Falisi Tupou, Semisi Tapueluelu and Mo'ale Finau.
The decision was made only three days before the Speaker, Lord Lasike was due to appear in the Supreme Court today on a charge of illegal possession of ammunition. He was a member of the Standing Committee that recommended the reduction in penalties.