A 42-year-old man from Nukunuku in Tongatapu was found guilty on three counts of sodomy, indecent assault and attempted indecent assault of a 13-year-old boy, in an incident that occurred in July last year after the offender grabbed the boy who was walking home.

Justice Robert Shuster found Tevita Kahula Niko Fotofili guilty on all three counts after a two-day trial by judge alone, at the Supreme Court in Nuku'alofa on August 31.

His judgement found the accused guilty on all charges after finding the young victim's evidence in court to be very credible and overwhelming.

He ordered that the convicted offender, who had been deported from the United States, to be remanded in police custody for sentencing in 28 days. In the meantime he is required to undergo psychiatric evaluation for a report on his mental health as well as a pre-sentencing report.

In Tonga under the Criminal Offences Act the crime of sodomy may result in imprisonment not exceeding 10 years.

Nukunuku

Crown Prosecutor Silivia 'Atiola in presenting its case told the court that the incident took place at the offender's home at Nukunuku where he lived alone.

She said at around 8pm on July 15, 2010 the young victim was walking home after walking his grandmother to the other side of the village. The offender who was standing in front of his house called out to him and the victim told him that he was going home.

But then the offender grabbed him and forcefully gripped him, and took him into his house and forcefully convicted the indecent criminal acts. Afterwards the young boy ran to the Nukunuku police station and reported the crime.

The offender who pleaded not guilty to all counts represented himself in court.