Extradition from Tonga to the United States—John Wilfred Penitani

John Wilfred Penitani, who is wanted in Hawaii for allegedly beating Mikiala Kahalaewai to death in 2004, has been found and arrested in Tonga.^[1] Mr. Penitani left Oahu before a state grand jury could charge him with second-degree murder.^[2]

The US Marshals were able to track Mr. Penitati from Hawaii to New Zealand, then to Australia, and finally to Tonga.^[3] He is now facing an extradition hearing in Tonga.

Extradition from Tonga to the United States is conducted under the 1935 extradition treaty with the United Kingdom, and under the exchange of notes conducted from March 14 to April 13, 1977. The exchange of notes makes it clear that the 1935 treaty was extended to Tonga on August 1, 1966, and furthermore, it would remain in force and continue to “regulate extradition arrangements between” the United States and Tonga “pending any new treaty which might be concluded.”^[4]

The 1935 UK treaty is relatively straightforward and highly representative of extradition treaties executed in the first half of the 20th century. Rather than the modern “dual-criminality” clauses seen in treaties conducted in recent years, the treaty contains a laundry list of offenses for which extradition can be had. Murder, of course, is among those offenses.^[5]

Another man, who was wanted in Spokane, Washington on child sex assault charges, has been deported from Tonga after “[c]lose co-operation between the United States and the Tongan Government” resulted in the arrest of that man.^[6] “Unlawful carnal knowledge” of a girl under the age of 16 is an extraditable offense under the treaty, but not “unlawful carnal knowledge” of a boy.^[7]

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[1] Hawaii Fugitive Arrested in Tonga, Associated Press (via KPUA.net), Feb. 10, 2006.
[2] Rod Antone, Oahu Man is Wanted in Fatal Beating, Honolulu Star Bulletin, Feb. 3, 2006.
[3] AP supra, note 1.
[4] Exchange of Notes, Mar. 14-Apr. 13, 1977, U.S. Tonga, 28 U.S.T. 5290, T.I.A.S. No. 8628.
[5] See Extradition Treaty, Dec. 22, 1931, U.S.-Tonga, art. 3, para. 1, TS 849, 12 Bevans 482.
[6] Tonga: Fugitive Deported for Child Sexual Assault in the U.S., Pacific Magazine, Feb. 10, 2006.
[7] Treaty, art. 3, para. 5.