Results for From the Courts

An application by the Tonga Development Bank for an “ex parte” injunction, seeking return of the materials seized in a police search of its premises in May, was refused by a Supreme Court judge. The applicants claimed that the seizure went beyond the scope of the warrant and included documents “belonging to Project Polata'ane”. A judge ruled that if this is to be pursued it must be made ‘inter partes’ meaning both parties present, since the urgency of the matter claimed was not demonstrated.

A child sex offender was sentenced to 24 years imprisonment by the Supreme Court of Tonga, after the 42 year old father pleaded guilty to six counts of sexual offences to three young female children. “The Courts have a duty to protect our children from sexual predators,” said the judge.

Fetu’utaha Sikalu (34) was jailed for charges including possession of 0.15 grams of methamphetamine seized at Ha’ateiho. While, his 22-year-old co-accused, Sefo Tonga received a suspended sentence for possession of drug utensils.

Ma’ake Kali will be re-tried at the Magistrates Court for the theft of an engine valued at $7,000, from a boat anchored on the shore of Tatakamotonga, in a successful appeal by the Crown to the Supreme Court in Nuku’alofa, after the accused had been earlier acquitted by a magistrate.

Falakiko ‘Asisi Mafi, who was serving 12 months imprisonment for reckless driving, causing the death of his wife in a road crash in 2023, had his jail time increased by the Appeal Court, in a successful appeal by the Crown that the sentence was manifestly inadequate.

Matafonua Tupou (36) was sentenced to eight months imprisonment, fully suspended on conditions, for unlawful possession of drugs utensils, at Tu’atakilangi.

Siosaia Taulahi (20) and Tevita Pasi (21) were imprisoned for serious housebreaking, theft and receiving valuable Tongan handicrafts worth around $231,700, stolen from the Tonga National Museum in 2022. Pasi was also sentenced for supplying methamphetamine to a minor. He manipulated a child to become involved in a high value theft of significant cultural artefacts and used the allure of illicit drugs to do so. It was a “deeply offensive crime”, said the judge. “The vandalism of the museum was a terrible act.” Most of the items stolen were never recovered.

‘Etuate Lavulavu was fined $15,000 to be paid within four weeks, after he was found guilty of contempt of court, for the comments he made when he went on a program live-streamed on Facebook and YouTube and alleged bias against a trial judge. In sentencing him on 8 May, Acting Lord Chief Justice Tupou ordered that if the defendant failed to pay the fine within the appointed time, he shall be imprisoned for two weeks.

A widowed mother of seven, Mele Havea (35) received 18 months imprisonment, fully suspended, after pleading guilty to charges of impersonating a customs officer in Vava’u. The judge said it was the first case of its kind in Tonga. “If she had not been caught in time, she may have eventually been able to scam more out of the Chinese shop owners.”