Suspended sentences for accused in assault case after court rules violence was provoked

The Supreme Court has sentenced four men to suspended sentences for assaulting a man in September 2018.

The court was told that Walter Fangatua, Semisi Tu’ineau, Lisiate Fonua and Siope Ma’u Niusini assaulted Lehopoame Tu’utafaiva.

Fangatua was convicted of causing grievous bodily harm by striking Tu’utafaiva with a hoe blade, causing a head injury.

Tu’ineau struck the victim with a hoe handle. Fonua and Niusini repeatedly kicked and punched him.

Judge Niu said Tu’utafaiva and his friends had provoked the violence by mistreating Fonua and Niusini.

After an altercation, two soldiers who had been drinking with the complainant chased and caught Fonua and Niusini and beat them up.

They then challenged the people at Tu’ineau’s place to come out and fight. The court was told that  Tu’utafaiva’ shouted out: “We are soldiers, come and fight.”

Judge Niu said Tu’ineau was the only one of the accused to show any remorse.

Fangatua was sentenced to 16 months’ imprisonment, suspended for two years on condition that he attended a Salvation army course on alcohol awareness.

Fonua was sentenced to three months imprisonment, suspended for two years on condition that he attended a Salvation Army course on alcohol awareness.

Niusini was sentenced to three months imprisonment, suspended for two years on condition that he attended a Salvation Army course on alcohol awareness.

Tu’ineau was released on probation on condition that he promised to be of good behavior for five months.

The main points

  • The Supreme Court has sentenced four men to suspended sentences for assaulting a man in September 2018.
  • Judge Niu said Tu’utafaiva and his friends had provoked the violence by mistreating Fonua and Niusini.

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