The Supreme Court has acquitted a man of causing serious bodily harm.
Salesi Makafilia appeared before the Hon. Justice Cato in the Supreme Court at the beginning of this month charged with having caused grievous bodily harm to a man with a machete during a fight outside his home.
Hon. Justice Cato reserved his decision.
The fight began about 2am on August 21 last year when Makafilia e that group of men had been chasing his brother, Lautaimi.
Makafilia took his machete and went outside his house to disperse the group of about six or seven young men who had gathered there. Two of them the men in the crowd began throwing rocks at him. One of the men, Mosese Piutau, also punched Makafilia several times. He then struck Piutau, cutting his arm and chest.
Makafilia said he was sorry he had hurt him.
Makafilia’s lawyer argued that his client was entitled to claim self defence and that he was acting to protect his brother, who he felt was in danger.
Hon. Justice Cato said he accepted that Makafilia honestly believed that his actions were necessary.
Even though Piutau had been cut, these were not life threatening injuries.
“I am unable to say beyond reasonable doubt that his use of the machete to inflict the injuries he did for the purpose of dispersing the group was unreasonable or an excessive, or disproportionate use of force,” Hon. Justice Cato said.
Makafilia was then acquitted and discharged.
The main points
- The Supreme Court has acquitted a man of causing serious bodily harm.
- Salesi Makafilia was charged with having caused grievous bodily harm to Mosese Piutau with a machete during a fight outside his home.
- The fight began in the early hours of August 21 last year when Makafilia learned that a group of men had been chasing his brother, Lautaimi.
- Justice Cato said he accepted that Makafilia honestly believed that his actions were necessary.
