Eight men found guilty of common assault after the tragic death of a young man in Nuku’alofa had been sentenced to three years in prison, but their sentences are fully suspended.
The Lord Chief Justice Malcolm Bishop KC has described the December 3, 2024 sentencing as “a merciful sentence” for some.
He ordered the court to reconvene to address this matter on 31 January 2025 at 10am. During this session, the Court is expected to review and assess the progress made regarding the conditions previously imposed in the judgment.
Toni Langilangi died after a brawl in the centre of Nuku’alofa in the early hours of 17 September 2023.
The deceased from Pahu suffered injuries and died shortly afterwards.
“It is asserted, and not challenged, that the deceased died of a preexisting condition and that the injuries he sustained did not cause or contribute to his death”, the court was told.
Sentencing, Mr. Bishop stated that Mesuilame Finau, Tevita Lisiate, Moana Masima, Richard Ervin Vea, Mafua ‘I Vaha Palu, Sosifa Vatuvei, Viliami Tongamana, and Salamani Filitonga acted jointly, causing grievous bodily harm to the deceased.
He imposed a sentence of three years imprisonment fully suspended for three years on the following conditions:
a. They must report to the Probation Office within 48 hours.
b. They must complete 100 hours of community service within 12 months
c. They must each pay a sum of $2000 to the family of the deceased within 6 months.
d. They must not enter any licensed premises serving alcohol or night club within the six months
e. They must complete a course on life skills and a course on drugs and alcohol misuse on the direction of the Probation Office.
“This matter is to be mentioned again before this Court on 31 January 2025 at 10am to follow up on the progress on these conditions imposed”, according to the judgment document.
“That concludes my sentencing remarks. I desire to say first that the presence of violent offences where drink plays a part needs to be addressed and if there is an established connection between accused consuming alcohol in licensed premises and then committing violence offences then steps may need to be taken affecting the license of those premises.
“I asked that the authorities bear this matter in mind.
“A very important reason for passing what some may regard as a merciful sentence is the steps which you have all taken to reform your lives.
“To this end, I appeal to the elders and members of the Church of Jesus Christ of Latter-day Saints to join together to support and guide these young Accused so that they may prove worthy of the faith they now profess.
“Finally, I desire to express my condolences to the family of the deceased”.
