A Fātumu man has been jailed after the Supreme Court ruled that he deliberately pursued a family’s vehicle, assaulted a woman and fired two gunshots in an attempt to intimidate the occupants, including a 12-year-old boy and a baby.
Acting Lord Chief Justice Tuʻinukutavake Barron Afeaki sentenced Tulimi Tuʻitupou on Thursday to two years and six months’ imprisonment for discharging a firearm with intent to intimidate, together with a concurrent sentence of eight months for common assault.
The final 12 months of the sentence were suspended for two years, meaning Tuʻitupou must serve 18 months in prison.
The incident occurred on 5 July 2025 after an argument on a road at Fatumu.
According to the Court, complainant Sosefina Sili was travelling in the front passenger seat of a vehicle driven by Pelaitia Mataele. Her then 12-year-old son was sitting in the back seat holding a baby when their vehicle encountered two vehicles blocking the road, including one driven by Tuʻitupou.
After a verbal exchange, Tuʻitupou chased the complainants’ vehicle, forced it off the road, grabbed Sili through an open window, dislocated her arm and threatened to retrieve a firearm and shoot the vehicle’s tyres.
He later stood in the roadway and fired two shots, with the second striking a hibiscus tree above the vehicle, causing foliage to fall onto its roof as the family fled to Haʻasini Police Station. Police later found two firearms and ammunition in his vehicle.
In his sentencing remarks, Acting Lord Chief Justice Afeaki described the offending as a serious escalation from a verbal disagreement to violence involving a firearm.
“The Court has an important responsibility to ensure that members of the community, particularly women and children, are protected and are able to go about their daily lives in safety and without fear of violence,” he said.
The judge said the case highlighted growing concern over firearm-related offending in Tonga.
“The use and display of firearms to intimidate or threaten others appears to be becoming more common and this trend is deeply troubling,” he said, stressing that firearms have no place in resolving personal disputes.
The Court warned that the consequences could have been catastrophic if the defendant had accidentally fired into the vehicle, potentially killing or seriously injuring its occupants.
Justice Afeaki also rejected the defence argument that abusive language from the complainant substantially mitigated the offending.
“Whatever words may have been exchanged, they provided no justification for the Defendant’s actions,” the judge said, noting that Tuʻitupou chose to pursue the victims, assault the complainant and then resort to using a firearm.
While acknowledging Tuʻitupou’s previous good character, genuine remorse, customary apology to the complainants, strong community support and responsibilities as the sole caregiver for his four children, the Court held that those factors could not outweigh the seriousness of the offending. The complainants had written to the Court seeking leniency after accepting his apology.
The Court ordered Tuʻitupou to complete an anger management programme, report to the Probation Office upon release and remain on probation for two years. It also ordered that the firearms and ammunition involved in the case be forfeited to Tonga Police.
