A CROWN appeal against sentences initially imposed on the Ashika captain Makahokovalu Tuputupu and first mate Semisi Pomale was upheld by the Court of Appeal and resulted in a reduction of their sentences.

Justice Robert Shuster had initially sentenced Captain Makahokovalu Tuputupu to four years imprisonment, with suspension for three and half years, meaning he would serve only six months starting April 1, for six counts including one of manslaughter by negligence and five counts of taking an unseaworthy ship to sea.

The appeal judges on September 30, set aside the four years sentence imposed at the Supreme Court and imposed three and a half years sentence, of which the Captain serves only six months of his imprisonment from April 1 and the remaining three years of his sentence to be suspended for three years.

The captain completed his six months imprisonment in August .

First mate

The Court of Appeal ruled the same for the First Mate Semisi Pomale, who was initially sentenced to five years imprisonment with the final three years to be suspended for three and a half years.

The Crown again appealed on the basis that it exceeded the allowable discretion because the suspension exceeded the three years limitation.

The Court of Appeal ordered that the Crown's contention was unanswerable and allowed the appeal. They set aside the five years sentence initially imposed and ordered that he be sentenced to four and a half years in total and the last three years be suspended for three years.

He now serves 18 months imprisonment at Hu'atolitoli Prison starting from April 1 and will not be released until 2012.

Under Section 24 (3) (a) of the Criminal Offences Act Capt 18 states the court can impose a sentence of imprisonment and can suspend the whole or part of such sentence not exceeding three years.