The Supreme Court has acquitted a man on a charge of manslaughter following a death by electrocution.
Lord Chief Justice Paulsen said the charge had not been proven to the required standard.
The court was told that on August 3, 2017 Uilisoni Falahola set up a double fluorescent light in a tent being used for food preparation at a funeral at Kolomotu’a. The light fixture was unsafe and because of its manner of installation, caused the metal tent poles to be charged with electricity.
Matiu Faletau and others were in the tent. He was cleaning cow intestines and slicing them into a pot. When he touched the lid of the pot he got an electric shock.
‘Isileli Palu came from the back and grabbed the tent pole, shouted “oiaue” and fell to the ground.
A later investigation showed the light fixture had been tied to the tent’s metal pole and there were two extension cords to run the power to a neighbour’s property. The extension cords were found to follow approved standards, but the light fixture was not safe.
The power cord of the light fixture had been extended. It appeared the power cord had been cut and two wires spliced on to it so as to lengthen it. These wires were a live wire and a neutral wire. These additional wires were in turn connected to the light fixture.
The additional wires were not properly insulated – or insulation tape that was used had, over time, come away in places – because the live wire was exposed at one point. There was no protective earth wire connected to the light fixture.
Part of the wiring was exposed and touching the tent’s metallic frame when Pulu touched the frame.
Lord Chief Justice Paulsen said the principle in this case was whether it had been proved beyond reasonable doubt that Falahola breached his duty to take care in the circumstances.
He said it would be necessary to prove that gross negligence had occurred.
“The standard of negligence presumes that a reasonable man would have foreseen some particular consequence as the result of doing or omitting to do some act,” the judge said.
“This is not a case where Falahola knew that the light fixture was unsafe and went ahead to install it anyway, nor do I consider that he was indifferent to whether it was safe or not.
“Having seen and heard him give his evidence, I do not regard him as a man who would be reckless with the safety of others.”
The judge said Falahola gave evidence that the light fixture came from Tonga High School where it was in use and that he had used it himself at home without incident. Having a great deal of previous experience in the safe use of this light fixture it was not unreasonable that Mr Falahola would consider it safe to use on this occasion also.
“Falahola said, and I accept, that after installing the light fixture he touched the tent and did not get a shock,” he said.
“In those circumstances, I can understand that he would be satisfied that the installation had been completed safely.
“The evidence of Falahola, which again I accept, was that Palu was told that the tent was live and went ahead and touched it anyway.
“Falahola unknowingly created a dangerous situation when he installed the light fixture, Palu voluntarily touched the tent pole in full knowledge of the danger.
“It was not therefore proven beyond reasonable doubt that Falahola’s conduct was, in law, the cause of Palu’s death.”
The main points
- The Supreme Court has acquitted a man on a charge of manslaughter following a death by electrocution.
- Lord Chief Justice Paulsen said the charge had not been proven to the required standard.
