By Linny Folau
Motekiai Taufahema (48) was found guilty of two offences after he threw a machete, which injured a man in a confrontation outside his home in Navutoka. Police found drugs utensils inside the home.
Lord Chief Justice Bishop in a judgement via audio visual link in the Supreme Court on 24 March, found him guilty on charges of Serious causing bodily harm and possession of utensils. Due to insufficient evidence, he was acquitted on three other charges of common assault, discharging a firearm with the intent to intimidate and using an arm without a licence.
The Prosecution told the court that on 20 July 2024 Nuku, Lemoto and two others were walking along the main road in Navutoka near a cemetery when a vehicle drove past them, and someone inside swore at them. The vehicle continued driving, later stopping at the defendant Taufahema’s residence, where the individuals approached. Nuku entered the premises after being beckoned by Taufahema.
The defendant shouted at Nuku to wait there. He entered his house and returned with a machete, which he swung at Nuku, causing Nuku to flee. The defendant threw the machete at Lemoto which struck him on the right foot. It was alleged that the defendant then went into the house and returned carrying a small pistol, discharged one shot into the air, and fired three to five shots in the individuals’ direction, causing them to flee.
Police later arrested the defendant at hisresidence.
The victim, Lemoto, who suffered a moderate laceration on the right leg near the knee cap, was admitted to the Kolonga Hospital Centre for treatment of his injuries.
During a search of the defendant's residence, Police found two empty plastic packs on a door frame, three packs in a bag, and a white weighing scale under a baby bed. The defendant has previous convictions.
The Lord Chief Justice in referring to the evidence related to what happened outside the premises, convicted him of “serious causing bodily harm”.
"The evidence, which I accept, is that the defendant whilst outside brandished the machete and did intend to hurt Nuku with it, but in fact missed him and it struck a third-party in his leg causing superficial injuries, which were quickly tended to at the local hospital. Thus, what the defendant did, caused a wound which is not severe. I therefore hold that what the defendant did outside the property was plainly unlawful."
“He could have retreated indoors if he thought he was under threat or remained indoors when the assailant left. He did neither but came out swinging his machete and throwing it recklessly at the man he intended to injure. I am satisfied this constitutes an offence of serious causing bodily harm. It was an assault, it caused a wound, and there was no lawful excuse for doing so,” he stated.
In regards to the possession of the drug utensils there were five transparent plastic packages, three in the bedroom and two in the doorframe that are typically used in connection with drugs. They were in close proximity to the kitchen scale.
“Of course, I totally accept that kitchen scales are often used for lawful purposes, but in that case, they would be found in the kitchen and not in a bedroom. The location of the scale in the bedroom near the empty packs found as they were is a strong indication that, taking the scene as a whole, these were instruments used to connection with illicit drugs and accordingly, I find count proved to the criminal standard,” he added.
He then found the defendant guilty and convicted him of serious causing bodily harm and possession of utensils. He is expected to be sentenced in May.
