Four Tongatapu men who charged with assaulting a soldier in September last year have been convicted on charges the Supreme Court found them guilty on.
In his ruling, Justice
Laki Niu said Walter Fangatua was guilty of the charge of serious causing
bodily harm brought against him and he convicted him of that offence.
The alternative
charge of assault against him was dismissed.
Mr Niu said
Lisiate Fonua was guilty of the charge of assault against him and he has
convicted him of that offence. The alternative charge of serious causing bodily
harm brought against him was dismissed.
Siope Niusini was
found guilty of the charge of assault brought against him and Mr Niu convicted
him of that offence.
The three accused
have been tried together in a joint trial after they assaulted Lehopoame Tu’utafaiva.
A fourth accused, Semisi
Tu’ineau, has already pleaded guilty to one charge of assault in respect of the
same person in the same incident.
Fangatua struck Tu’utafaiva
repeatedly with a hoe blade, and alternatively, assaulting him by striking him
with a hoe blade.
Fonua struck Tu’utafaiva
with a hoe blade and injuring his head, and alternatively assaulting him by
punching and kicking him repeatedly.
Niusini was
charged with assaulting Tu’ufaiva by punching and kicking him repeatedly.
The court was told
Tu’utafaiva was in the Tongan army and he and some of his army friends were
having a few drinks at the home of an army couple friend in Havelu.
Late at night, two
boys came into their drinking, namely Fonua and Niusini. The court was told
that as the two accused were leaving, they threw a piece of brick which hit the
bonnet of the vehicle which was parked at the front of the house.
Tu’utafaiva and
another soldier chased after them followed by some other five soldiers and three
women from their party. The two boys escaped.
As they were
walking back, a motor vehicle came up and stopped and boys got out of it and
fought with them. Tu’utafaiva told the court he was hit on the head by someone
from behind with a pipe and he fell down and he was then kicked and punched
whilst he was down.
Tu’utafaiva said
he did not know who hit him or who kicked and punched him on the ground (the
road) but that he received two cuts to the back of his head, one of which
measured 2 centimetres long and 1centimetre deep and it was stitched at the
hospital that same night. He said he also had a split lip. The cut to the head
bled profusely.
In
cross-examination Lawyer Sunia Fili, who acted for Fangatua, said Tu’utafaiva
admitted that he had shouted out to the people at the home of Teivi, “We are
soldiers, come and fight”, and by Atalasa Pouvalu who acted for Niusini said Tu’utafaiva
admitted that both groups of boys had consented to fight each other.
Mr Niu did
not accept Fangatua’s self defence claim and that there was consent to be
assaulted.
Mr
Niu Said: “As
I have stated, such fight was unlawful and any punch or kick thrown by any of the fighters was unlawful, and it cannot be justified by the fact that the person complaining had consented to fight in a fight in which the punch or kick
was delivered.”
Mr
Niu also said that having “considered the law and the evidence as I have stated above, I am satisfied beyond reasonable doubt that” the trio had
committed the offences.