Three jailed for horrific manslaughter [1]
Monday, August 22, 2011 - 21:28. Updated on Monday, September 9, 2013 - 18:40.
THREE young men were sentenced to six years imprisonment each for the manslaughter of a 23-year-old man killed in a drinking party at Talafo'ou in 2009, in what was described as a horrific crime.
Kisi Tokotaha died after he was beaten and hit on the head with a rock.
The three who admitted causing Tokotaha's death, were Suliasi Filimone (21), Fangatapu Ngavisi (18) and Lisala Tu'aefe (17) all from Talafo'ou. They were sentenced on Friday August 19 at the Supreme Court in Nuku'alofa.
Justice Robert Shuster said his starting point for such a crime for an adult over 18 years would be 12 years imprisonment on a not guilty plea. But the men had pleaded guilty at the first opportunity, so he reduced the sentence to nine years.
He then said because of their young age at the time of the offence and the fact that an apology was accepted by the family of the deceased, he again reduced the nine years to six years for each of them.
Justice Shuster declined to further reduce the six years sentences by way of suspended sentence because the circumstances revealed this was a particularly horrific and serious crime.
They were ordered to serve their six years jail time effective on Friday, August 19 but backdated to July 26 when they were remanded in police custody.
Homebrew
The court was told on the night of December 11, 2009 at Talafo'ou, Suliasi met with his friend Vito Suluka and the deceased Kisi Tokotaha who were from the neighbouring village of Navutoka.
They went to the beachfront at Talafo'ou and drank homebrew. The other two convicted offenders Lisala and Fangatapu joined the drinking party later.
At the end of the drinking party the deceased began swearing and assaulted his friend Vito who then left the party and returned to Navutoka. The deceased then abused and assaulted Suliasi who told his co-offenders they should beat him up.
As the deceased turned away, Lisala then picked up a big rock followed him and struck him from the back hitting him on the right side of his head.
The deceased fell to the ground and Suliasi and Fangatapu ran over and continued to punch and kick the deceased. Lisala called out to stop the beating and Suliasi stopped but Fangatapu ran towards the deceased with a rock. As he approached the deceased, Suliasi took the rock from him but it dropped on the left side of the deceased's head.
Kisi was rushed to the hospital in an ambulance but he died on the way.