A Tongan prison officer who served for 24 years has been sentenced to 18 months in prison after illegally importing a .22 rifle, 1,655 rounds of ammunition and a large quantity of fireworks into Vavaʻu.
Spencer Masaniai Loloma Sikalu was ordered to serve eight months in prison, with the final 10 months of his sentence suspended for 12 months, following sentencing in the Supreme Court at Neiafu on September 16.
Justice P. Tupou KC said Sikalu’s long service as a prison officer placed a higher responsibility on him to obey the law and be a model citizen, rejecting arguments that his professional humiliation and reputational damage should mitigate his sentence.
Sikalu pleaded guilty to five charges involving the unlicensed importation of the rifle, ammunition and fireworks, and failing to declare the ammunition and fireworks.
The prohibited goods were discovered after a crate consigned to Sikalu arrived in Vavaʻu on January 3 and was flagged for inspection by the Dog Detector Unit.
When Sikalu and a customs broker arrived to release the crate on January 19, he declared that it contained a firearm and told officers he had packed the crate himself. During the inspection, officers discovered the .22 rifle and fireworks.
The Court said that as an officer moved towards another black suitcase inside the crate, Sikalu quickly grabbed it and was asked to hand it over. Customs officers opened the suitcase and discovered ammunition and more fireworks.
Justice Tupou found Sikalu knew what the suitcase contained and said that, had the customs officer not approached it, the ammunition and fireworks would have escaped inspection.
“That, in my view, was dishonest if not an attempt to conceal,” the judge said.
Police later examined the seized weapon and ammunition and found the .22 rifle was in good condition and capable of firing, while all 1,655 rounds were in good condition for use. Sikalu did not hold a licence to import either the rifle or ammunition, and authorities also confirmed he had no permit to import the fireworks.
The Crown argued that aggravating factors included the large quantity of prohibited goods, Sikalu’s failure to be forthcoming about the ammunition and the potential use of firearms and ammunition in criminal offending.
The Court said there had been a shift in sentencing for illegal firearm and ammunition imports, from fines towards imprisonment, because of the need for deterrence. Justice Tupou said such offending was increasing and warned that inadequate sentences risked allowing it to “get out of hand”.
The judge initially calculated an aggregate starting point of six-and-a-half years across the five offences but reduced this to two-and-a-half years to avoid a “crushing first period of incarceration”. A further 12 months was deducted for Sikalu’s early guilty pleas and cooperation with police, leaving a final sentence of 18 months.
Ten months of the sentence were suspended, meaning Sikalu must serve eight months, subject to any remission under the Prisons Act.
After his release, Sikalu must remain offence-free during the suspension period, be placed on probation, report to the probation office within 48 hours and complete a life-skills or other course directed by his probation officer.
The Court also ordered the rifle, ammunition and fireworks forfeited under the Customs and Excise Management Act.
