Nuku‘alofa — A knife‑wielding intruder who threatened to kill a senior business executive and Czech Honorary Consul, escaping only when her son intervened, has been found guilty in the Nuku‘alofa Supreme Court.
The court heard that around 1am on 15 December 2023, Ms Robina Eiko Elina Nakao, the victim, awoke to noises coming from her upstairs bedroom.
When she called out, the convict, Tali Me‘alahi Tu‘i‘ile‘ila, 42, of Sopu descended the stairs into the brightly lit kitchen area.
In court, Ms Nakao came face to face with the man who threatened her, telling the judge she had a clear and unobstructed view of him under six bright fluorescent kitchen lights.
She described the intruder as short and stocky, with a short afro hairstyle, and speaking only in English throughout the encounter.
According to her evidence, the intruder held a knife and threatened to kill her while ordering her to move around the living area.
Her son, Musashi, awoke during the encounter and briefly confronted the intruder before retreating into his room.
The man eventually left the home calmly, but Ms Nakao later discovered that her bedroom had been ransacked and several items stolen.
Tu’i’ile’ila was convicted on two charges of serious housebreaking and theft after the dramatic late‑night home invasion.
Justice Petunia Tupou KC delivered the verdict on Tuesday, concluding a long-running case that included delays due to the accused’s shifting decisions about legal representation and a late attempt to introduce an alibi defence.
Key Evidence and Witnesses
According to the judgment, the intruder stole $4,500 in cash, a Samsung A51 mobile phone, a pair of leather slip‑on shoes, and a Garmin watch during the break‑in.
Police later recovered a pair of black slippers speckled with white paint left at the scene — a crucial clue that investigators later linked directly to the accused.
Five prosecution witnesses testified, including Ms Nakao, her son, the investigating officer, and two witnesses — ‘Aisake and Fakalelu ‘Ananaiasa — who knew the accused well.
The court heard from ‘Aisake and Fakalelu ‘Ananaiasa that Tu‘i‘ile‘ila had been at their Sopu home only hours before the break‑in, appearing intoxicated and speaking exclusively in English — a behaviour they said was typical when he was under the influence of methamphetamine (“ice”).
They testified that he left their home around midnight, shortly before the time of the offence, and returned the following morning with his afro hair cut off.
The judge noted that much of their evidence aligned strongly with Ms Nakao’s description of the intruder, including hairstyle, behaviour, and demeanour.
Defence Evidence Dismissed
Tu‘i‘ile‘ila’s own cross‑examination failed to challenge most of their claims.
Justice Tupou dismissed Tu‘i‘ile‘ila’s alibi after he claimed he had been with his girlfriend, Ma‘ata Ngaue, continuously from 14–16 December 2023 and could not have committed the crime.
The judge found the defence entirely unreliable, pointing to clear contradictions between the accounts given by the accused and his alibi witness, his failure to provide the legally required advance notice of an alibi, and his lack of any challenge to prosecution witnesses about his whereabouts on the night.
Identification Evidence Strong
Justice Tupou concluded that Tu‘i‘ile‘ila had, in fact, been with the ‘Ananaiasas earlier that evening and left their home shortly before the home invasion occurred.
Justice Tupou said she was “left in no doubt” about the accuracy of Ms Nakao’s identification of the intruder, noting that she had ample time to observe him at close range under excellent lighting, and that her account was reinforced by consistent testimony from multiple witnesses.
The judge also pointed out that the accused failed to challenge key parts of the evidence against him, including his decision not to cross‑examine either Ms Nakao or her son — a silence the court interpreted as acceptance of their accounts.
The court found that Tu‘i‘ile‘ila had unlawfully entered Ms Nakao’s home as a trespasser, threatened her with a knife, and stolen property valued at $6,011, acting with clear intent to permanently deprive her of the items taken.
On this basis, he was convicted on both charges: serious housebreaking under section 173 of the Criminal Offences Act and theft under sections 143 and 145.
Sentencing will be delivered at a later date.
