Supreme Court acquits man over electrocution death; judge says gross negligence not proven

Tuku ange ‘e he Fakamaau’anga Lahi’ ‘a Ulisoni Falahola hili hono faka’ilo ia ki he’ene tau ha ‘uhila ‘i ha putu ‘i Kolomotu’a pea ne iku ‘o mate ai ‘a ‘Isileli Palu. Ne tukuaki’i ‘a Falahola ki he ‘ikai malu ‘a e ‘uhila tupu mei ai ‘a hono soki’i ‘o Palu. Pehē ‘e he ‘Eiki Fakamaau Lahi’ na’e ‘ikai lava ke fakamo’oni’i ta’etoeveiveiua na’e fakahoko ‘e Falahola ha ngāue ta’etokanga ‘o mate ai ‘a Palu’.

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.

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