Appeals in Valali Tonga and Lolo Liavaa sentences dismissed over brutal southwest Sydney kidnapping

Appeals against the sentences of two men involved in a brutal southwest Sydney kidnapping where the victim was subjected to horrifying “corporal punishment” have been heard. Read the result.

Arrest being made over the kidnap of a man held for six days at a southwest Sydney home in March, 2023. Picture: News Media Network

Appeals against the sentences of two men involved in a brutal southwest Sydney kidnapping where the victim was subjected to horrifying “corporal punishment” has been dismissed.

Valali Tonga and Lolo Liavaa were among six men who forced their way into a man’s Smithfield home he shared with his partner and family on the early morning of March 9, 2023.

Brandishing a sledge hammer, some members of the group threatened the victim with a pistol before driving him to a vacant house on Canterbury Rd, Belmore, where he was held captive until his rescue on the evening of March 14.

Shocking details of the kidnapping previously revealed in court revealed the victim was tortured for six days during which three of his teeth were yanked out with pliers, in a bid to secure a $5m ransom.

It was heard the victim was blindfolded and interrogated about the wealth of a relative, punched and threatened that they would cut off his fingers.

Valali Tonga was jailed for the kidnapping that led to a man being held captive for six days at Belmore. Picture: YouTube

The house at Belmore where the man was held for 6 days. Picture: Jonathan Ng

Liavaa pleaded guilty to specially aggravated breaking and entering to commit a serious indictable offence in company, specially aggravated kidnapping with intent to hold for ransom in company and occasioning actual bodily harm and armed with a dangerous weapon and

Tonga pleaded guilty to the same charges as well as a charge of possessing an unauthorised pistol.

One of the men arrested during a major police operation. Picture: News Media Network

Court documents stated both Tonga and Liavaa entered the Smithfield home, Tonga armed with a pistol, when the group went to forcibly remove the victim.

However it wasn’t established if Liavaa had gone inside the Belmore home where the victim was subjected to violence, instead acting as a courier for the men on numerous occasions.

But it was stated that he was aware the man was being held for ransom and in an injured and distressed state.

It was also found that on 14 March, the police conducted a covert operation that involved placing $150,000 in cash inside a parked vehicle which was collected by Tonga, who was holding a pistol in plain sight with another man.

Both received the same jail term of at least five years and four months, making them eligible for parole in July 2028.

The Crown Prosecutor lodged an appeal in the Court of Criminal Appeal (CCA) alleging ‘manifest inadequacy’ in the sentencing of both men by Judge Sharon Harris and said that it was too lenient and below the range.

The Crown contended that the nature of the offending was of the “upmost seriousness” and given it was undertaken by a highly organised criminal group, featuring extortion and torture, the sentence could undermine confidence in the administration of justice.

Liavaa also appealed against the severity of his sentence on the grounds of mental health and parity.

During the hearing, it was stated the judge failed to make a causal link between a diagnosis of PTSD and his offending.

It was also argued that he should have received a significantly lower sentence than co-offender Tonga because of his reduced moral culpability given his mental health issues and disadvantaged life.

But in the Sydney courtroom on Wednesday the panel of three justices’ swiftly dismissed all appeals.

Court findings found that while the sentences were lenient it didn’t risk undermining public confidence in the criminal justice system.

It also stated Liavaa played an “active role” in the joint criminal enterprise, involved in the planning of the kidnapping, ferrying people to and from the house and that he was present when violence was inflicted.