A 56-year-old man convicted of second degree murder in 1992 has come before the court again on child molestation allegations involving a 5-year-old. He’s charged with child molestation, sodomy, deviate sexual assault, endangering the welfare of a child, unlawful possession of a firearm, unlawful use of weapons and possession of unlicensed arms. If convicted of all seven criminal charges Tinoifili Tavoi of Masefau is looking at more than 40 years in jail.

According to the government’s case, on July 17, 2015 police were contacted for assistance regarding the alleged sexual incident. The mother of the young girl informed the police that she was sleeping with her two children when the defendant came to her house intoxicated and woke her because her wanted to ask her something. It’s alleged that defendant told the woman he had been out pig hunting.

It’s alleged that the defendant sat next to the mosquito net where she and her children were sleeping, when the defendant asked her to marry him. She told him no, which made Tavoi upset. Allegedly he then told the woman “you wait and see what I do to you.” Court filings say the woman got up and walked towards her husband’s grave site, thinking the defendant would follow her. “Then she heard her five-year-old daughter crying out load, and she rushed to her house and turned on the lights.”

“She saw her daughter’s pants were off and she was naked from the waist down.” The government’s case claims the woman told the defendant she was going to call the police and defendant was then seen walking around her house with a rifle. The little girl told her mother that defendant had allegedly put his hand over her mouth, pulled her pants down and kissed her on her private areas and when she screamed the defendant allegedly stopped.

Court filings say the police went to the defendant’s residence, however his brother stated that Tavoi was not there because he was out pig hunting. The brother did take the police to where the defendant could be found and they observed him sleeping with a rifle by his side. The police secured the rifle, which was a 12 gauge shot gun with the label “old navy” made in Brazil with no serial number due to the rust on the gun.

Defendant was advised of his rights and agreed to answer any questions. “Defendant stated that he didn’t know if what the woman and her daughter stated was true because he was too drunk. He admitted the rifle was his, saying it was a gift to his father from a friend and he did not believe it was registered,” say court filings.

The government further alleges that defendant does not have a license to carry a firearm. Defendant was convicted in 1992 for second degree murder and was sentenced to ten years imprisonment.