By Linny Folau
Sosefo Vai Mafi (20) is serving three years and three months in prison for causing grievous bodily harm to Tone Fatongiatau (28) when he repeatedly punched him on the face, causing him to fall and hit his head on a cement floor, causing a fracture to his skull.
He was sentenced on 29 October at the Magistrate’s Court in Nuku'alofa.
The offending occurred in November 2022 at Matahau.
The court was told that after a drinking party the the accused went to his house in Matahau to sleep. His de-facto partner Angelica continued to drink alcohol with the complainant and others at Tapuaki Manu’s house in Matahau
At around midday, Angelica also went to the accused’s house and slept. Sometime later the complainant also went to the accused’s house. By around 3:00pm, the complainant left and went to look for some food to eat at Mohulamu Tuiaki’s house, across the road.
While the complainant and Mohulamu were eating, they heard Angelica screaming and crying from the accused’s house. The complainant went to help her while Mohulamu stayed behind.
When the complainant entered the house, he told the accused that he would take Angelica back to her house. The accused refused and shoved the complainant. The complainant did the same back to the accused. The accused then punched the complainant on the face. This was inside the bedroom. They then proceeded to fight inside the bedroom, and then into the living room. He then again punched the complainant’s face, this time cutting his face, causing it to bleed.
Angelica tried to stop them, but she got hit in the process. The accused once again punched the complainant in the face. Angelica held the accused back and at the same time saw the complainant appeared to be dizzy. He then fell down at the entrance of the house, inside the house, and became unconscious.
The accused then grabbed Angelica’s hand and led her out and they left.
Helen To’a, who was one of those who had been drinking with them earlier on, stopped by the house and found the complainant lying in the front entrance. Helen went and informed the complainant’s family who lived nearby. The complainant’s family took him to the hospital where he received medical attention.
Injuries
Dr. ‘Akauola attended to the complainant. In a report on 16 November 2022, he observed that the injuries of the complainant were: severe head injury; there was a fracture at the base of his skull, at the right side behind his ear at the mastoid area; and there was bleeding and leaking of spinal fluid from his right ear. Both his eyes were also bruised (raccoon eyes). It was likely that the injuries were caused by a large blunt force trauma to the back of the head just behind his right ear.
Police later arrested the accused. He chose to remain silent when invited to be questioned by Police. The accused had no previous criminal convictions.
Sentence
In a written sentence, the Magistrate stated that from the evidence the accused knew that he punched the accused’s left face and he didn’t punch back because he fell down. He fell on his back resulting in the injury on the back of his head.
Angelica's evidence was that the accused punched the complainant on the left side of his face and she jumped in to try and stop and she didn’t know whose punch landed on her left side of her face and she stepped back, then she saw the accused again punch the complainant and he fell down and did not move. There was also evidence from Detective Tausinga in his work diary.
The Magistrate stated that the sentence must reflect the seriousness of the injuries the complainant sustained including the impact to his head regarding his dizziness, sense of smell and hearing. The accused was sentenced to six years imprisonment, with one year taken off because this was his first conviction and he is young. In addition, the final 21 months was suspended for two years on conditions. This meant he is now serving three years and three months in prison.
