
A former Mormon missionary who once lived a 鈥減ositive and productive life鈥 joined a gang and terrorised an innocent motorist in a road rage incident while on the way to a pre-arranged fight.
Viliami Tonga is one of a number of gang members now facing the consequences of their actions on the day of the Point England gang fight in August last year, during which a man was shot and later died.
Tonga got into trouble in 2016 as a secondary student 鈥 he was expelled from school.
After that, he spent what a judge called 鈥渁 seven-year period of demonstrable good character鈥 learning the building trade, working in construction and even spending two years as a missionary for the Mormon Church.
But then his mother became ill with leukaemia. She died in June last year.
Tonga struggled with his mother鈥檚 death. The efforts he had made to keep on the straight and narrow began to unravel.
He started to drink and socialise with the friends from high school who he had been avoiding.
He became a member of Fitus, a gang based in Auckland affiliated with the Rebels Motorcycle Club.
On the day that the Rebels and the Head Hunters arranged to fight at the Taurima Reserve in Point England, Tonga made his way to the Rebels gang pad on Nikau Rd in Otahuhu.
He was a passenger in one of the vehicles that left the gang pad heading for Taurima Reserve 鈥 a convoy that became involved in a violent incident on Great South Rd on the way there.
Another driver, identified only as A in Tonga鈥檚 High Court sentencing decision, changed lanes, unwittingly merging his vehicle into the gang convoy, enraging the gang members keyed up ahead of the coming confrontation.
They got out of their cars at a red light, surrounding A and demanding that he get out of his vehicle, attacking it when he refused to do so.
鈥淵ou all accosted A,鈥 Justice Simon Moore told Tonga in the High Court at Auckland.
鈥淵ou all kicked the door panels of his vehicle. One of your co-defendants smashed A鈥檚 front passenger window with his elbow.鈥
Gun pointed at motorist
Another gang member kicked the driver-side panels of A鈥檚 car and while standing by his window, pointed a pistol at A, threatening to shoot him.
The gang members got back into their vehicles when the traffic lights changed and drove off.
A followed them, trying to memorise their registration numbers, but pulled over when another member of the convoy 鈥 not Tonga 鈥 pulled alongside him, pointed a firearm and told him to 鈥渇*** off鈥.
The convoy continued on towards the confrontation at the reserve.
During that fight, patched Head Hunter Charles Pongi was shot. He died later that day after driving himself to hospital.
Tonga was not charged with any offence in relation to the melee in the reserve. Others are due to face trial next year. However, he did plead guilty to a charge of assaulting A during the road rage incident that preceded it.
One of his co-defendants, Paula Lavemai, received a sentence of a month of home detention after he pleaded guilty to the same charge for the same incident.
Viliami Tonga was a member of a gang affiliated with the Rebels Motorcycle Club. Photo / Supplied
Defendant has residency visa
However, Tonga asked Justice Moore to discharge him without conviction.
He pleaded to be let off partly because a conviction might hinder his eligibility for New Zealand citizenship.
The defendant grew up in Tonga and came to New Zealand 12 years ago. He currently holds a residency visa.
He was also worried about his employment prospects, and what not getting citizenship might mean for his desire to move to eventually Australia.
Justice Moore turned him down, saying a conviction might delay him getting citizenship but would not prevent it.
鈥淓ven if granted a discharge without conviction, you would still have to disclose the fact of your offending in applying for citizenship,鈥 Justice Moore said.
鈥淚 also agree with the Crown that I should exercise caution and restraint before effectively taking over the function of the Minister of Internal Affairs, whose job it is to assess character-related issues for citizenship.鈥
The judge also said there was little evidence to suggest a conviction would seriously get in the way of Tonga鈥檚 aspirations to rejoin the construction industry.
"Don't let this most recent mistake define you," Justice Simon Moore told Viliami Tonga. Photo / Michael Craig
Justice Moore convicted Tonga and sentenced him to two months of home detention.
Before handing down the sentence, the judge told Tonga that he wanted to make some comments.
鈥淵ou made some unwise decisions about who you mixed with and you ended up in trouble as a result,鈥 he said.
鈥淵ou have shown you have the insight to recognise the dangers of that.
鈥淵ou have a very supportive stepfather and wh膩nau. It is obvious you are a young man with considerable promise.
鈥淵ou have goals and aspirations which you are on track to realising.
鈥淒on鈥檛 let this most recent mistake define you, because it is not who you are. You are better than that.鈥
Ric Stevens spent many years working for the former New Zealand Press Association news agency, including as a political reporter at Parliament, before holding senior positions at various daily newspapers. He joined 九一星空无限鈥檚 Open Justice team in 2022 and is based in Hawke鈥檚 Bay. His writing in the crime and justice sphere is informed by four years of front-line experience as a probation officer.
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