Teenage Murder Suspect Confessed, “Freed” and Turned Crown Law Witness ^Featured

Today I witnessed the trial proceedings of the murder case of two elderly Chinese immigrants Sujie Wen and Fengsheng Pei who were killed on February 25, 2018, near Lakepa.

Two teenagers Semi Kaho, 15, and Sitiveni ‘Esi Muli, 17, were escapees from the Nukunuku Police Station jail that same morning have been charged with the cruel murder. Since then, Semi Kaho is told to have confessed, and turned Crown Law witness.

Held at Chamber #3 of the Tonga Supreme Court, today’s proceedings were not without controversies though scrutinized under the watchful eyes of Supreme Court Justice Cato.

During the jury selection of four men, three women in the morning session the victims’ Chinese family members were told they were not welcome. Meanwhile, the accusers’ family members were admitted in.

The victims were guest immigrants who came to Tonga seeking a better life than they had in China, said cousin Ms. Na Deng acting as translator. “They grew vegetables and sold their produce at the Talamahu Market, and to restaurant customers,” she said. “They were very happy with their vegetable garden successes, and their new life in Tonga.”

I asked Ms. Na Deng, who accompanied the victims’ son Chi Chi and daughter-in-law Bai Xue how they felt. “Why the accused family members were admitted into the jury selection while keeping us out did not seem fair treatment,” Ms. Na Deng explains. “The clerk who substituted in as court translator ordered us to stay out while the family of the accused were allowed to stay in.

“It made us feel like we are lower-class human beings, but it is supposed to be fair to all people living under Tongan law. We have a right to witness the jury selection to judge the trial of our murdered relative,” Ms. Deng said. “The Chinese community is saddened,” Ms. Na Deng added. “They’re watching the trial with hope that justice will be achieved under Tongan law.”

Jail Escapees Accused of Murder

The accused allegedly escaped from the Nukunuku Police Station jail in the early morning, Sunday, February 25, 2018. They were originally booked under suspicion of breaking in and robbery. I asked Investigative Inspector Taniela Vea, the Officer-on-Duty that February 24th evening, how did the two teenagers managed to escape from jail.

The younger accused, Semi Kaho, allegedly slipped his smaller hand between the prison bars and unhinged the lock, which was not dead-bolted. “They slipped out with other inmates while I dozed off at about 4:00 AM. I was working a 24-hour shift and I was tired, I admitted it,” he said. “The inmates’ families returned them to the Nukunuku Police Station the next day, and were released a day later.”

Inspector Vea is also the Police leading investigator, a 31-year veteran of the Police force, and the Crown Law material witness. In his testimony he revealed that Police did not get their “smoking-gun” break of the murder case until March 01. While Police served a search warrant at accused Sitiveni ‘Esi Muli father’s residence for illegal drugs, the murdered victims’ cellphones were among the confiscated evidences.

The teenagers were immediately arrested for the murder of Sujie Wen and Fengsheng Pei, testified Inspector Vea. Subsequently, the younger Semi Kaho confessed to the crime, but Sitiveni Muli denied having anything to do with it, thus entered a not-guilty plea to a Magistrate judge on March 01.

Day Two: Defense Legal Team Objects to “Witness Interview” Admissibility

Crown Law legal counsel Acting Attorney General ‘Aminiasi Kefu is heading the prosecuting team. Legal Counsel Sifa Tū‘utafaiva is the defense lawyer. AG Kefu confirmed to the family members of Sujie Wen and Fengsheng Pei that the younger Sam Kaho confessed and turned Crown Law witness.

AG Prosecutor Kefu agreed to free Sam Kaho in exchange for his testimony against Sitiveni Muli. He was freed yesterday. Semi Kaho will appear in court tomorrow, Wednesday, to begin testifying against Sitiveni Muli. The latter dressed casually sitting behind his lawyer, attorney Sifa Tū‘utafaiva, without handcuffs yesterday, but he returned wearing a ta‘ovala today.

Defense Legal Counsel Sifa Tū‘utafaiva argued in Justice Cato’s courtroom  yesterday afternoon, and all day today  against the “admissibility” of a signed document, “Witness Interview” which was signed by the accused, Sitiveni Muli on March 02, 2018. The Police document was recorded by Investigative Officer Vea, and the accused personally signed it in the presence of Vea, another Police officer, and his father, Pita Muli.

Legal Counsel Tū‘utafaiva pressed Investigator Vea on the witness stand incessantly in an apparent effort to discredit the Police “Witness Interview” document. Investigator Vea is a heavyset man dressed in a coat and tie, and ta‘ovala, dodging the defense counselor’s barrage of questioning for two days in the witness stand. He’s also a preacher in the Free Church of Tonga and continuously keeping his face dry from perspiration with a hanger-chief. The small Supreme Court Chamber #3 has two air-conditioning units high above the back wall, but even Justice Cato had to remind the court clerk, and translator, to request repairs.

“I take my job seriously because I have legal, moral, and ethical responsibilities to the public,” Inspector Vea told me in Tongan during the break today. “I admitted to dozing off during my watch in Nukunuku (February 24-25, 2018) because I’ve been working a 24-hour shift, and I got tired.

“I told the Disciplinary Committee Inquiry that a human being is made to work only eight hours a day. Beyond eight hours he would most likely feel tired,” he said. “I was not guilty of opening the jail and freed the inmates, therefore, I was reinstated to my job. Plus, I have reported the need for a new jail lock to management, but they never replaced the lock.”

The trauma of the day came from the victims’ family. Lunch break at 1:30 PM began after Justice Cato exited the courtroom. The two Chinese ladies (cousin Ms. Na Deng and daughter-in-law Mrs. Bai Xue) standing a few feet away from accused Sitiveni Muli and his mother crying loudly, “Please ask your son to tell the truth.” The court Police Officer had to escort them outside with a warning they’ll be barred from entering the courtroom if it happens again.

Lady Fusitu‘a who is a friend and confidant of the Chinese victims’ family said to me as she exited the courtroom. “It’s faka‘ofa because I don’t know what I would do if it was my relatives who were murdered.” This reporter is certain that Tongan ladies are capable of showing their emotions in a similar situation, given the same scenario. Members of the Chinese community comforted the sobbing ladies outside the courtroom and urged them to stay calm.

Justice Cato will announce his decision regarding the admissibility of the “Witness Interview” document tomorrow at 1:00 PM. The jury will be summoned to sit in for the trial commencement at 2:00 PM Wednesday.

End of Day 2…

(With all rights reserved by the author, this report is authorized to be published by Nepituno.to.)