By Linny Folau
A former soldier, Seteone Mu’asika (26) is serving six months imprisonment for causing serious bodily harm, when he struck a 17 year old on the back with a machete, in an alcohol-fuelled attack at Lapaha in July last year. A co-accused, who escaped, has not been caught by Police.
Lord Chief Justice Bishop sentenced Mu'asika on 29 May at the Supreme Court in Nuku’alofa.This was after the accused pleaded guilty to the charge together with co-accused Soane Tatola in April this year. However, on arraignment it was made known that the co-accused (Tatola) had escaped the jurisdiction and had not been apprehended.
The offence was committed on 13 July, 2024. The Prosecution told the court that the complainant Fe'ofa'aki Pouono, of Lapaha, was drinking alcohol with others near the bakery in the village, while the defendant was also at a drink-up with others at his home. Earlier that evening the complainant got into fist fight with Tatola.
Later that evening the two accused and another person approached the complainant who was standing on the road near the bakery. Mu'asika held a machete. Tatola held a broken bottle and attacked the complainant and stabbed him in his lower back, the Prosecution told the court.
Mu'asika chased and struck the complainant on the lower left side of his back. The complainant managed to escape after being struck and injured. He was taken to hospital the same day with two puncture wounds - one on the right side of his arm and the other on the lower left side of his back.
The Lord Chief Justice accepted that the defendant Mu'asika approached the complainant who is well known to him while holding a machete and with Tatola, who had a broken bottle in his hand. He tried to attack the complainant but missed and then stabbed him again. The complainant ran towards a fence and attempted to climb over.
“It was then that you pursued him with a machete and as he was attempting to mount the fence, you struck his back with the machete. He fell to the ground but managed to get up and escape. You then quit.
“The complainant’s wounds were caused partially by you and partially by your co- accused. So far as you were concerned, I am satisfied that the injury sustained to his back was consistent with the assault by the machete. Fortunately, no serious injuries ensued, and he was treated conservatively.”
Lethal weapon
The Chief Justice expressed his concern over an increase of offences with machetes.
“What is serious about your case is the use of a machete which is becoming more frequent in the Kingdom and particularly as here when accompanied by prior bouts of drinking alcohol.
“The Courts must do all they can to stamp out this invidious practice because let the facts be faced, a machete is a lethal weapon. It could cause catastrophic and indeed fatal damage, the fact that no such damage was caused here is not determinative of the final outcome of the case because the Courts must do all it can to stamp out the increasing use of machetes during disagreements."
Although the defendant’s actions, apart from using the machete was essentially an alcohol-fuelled revenge attack, he pleaded guilty early, delivered a single blow, cooperated with police, surrendered voluntarily, and reconciled with the complainant's family who accepted his apology
The Chief Justice started with 36 months imprisonment as the headline sentence and reduced it by 18 months by reason of the defendant's prompt admission of wrongdoing in cooperation with the police. After considering mitigating factors, including that the defendant is likely to take the opportunity of his sentence to rehabilitate to himself, the Lord Chief Justice suspended the final 12 months of his sentence for two years on conditionshat includes not committing any further offence punishable by imprisonment, must report to the Probation Office within 48 hours of his release from custody and will be placed on probation.
The defendant was ordered to complete a life skills course on anger management with the Salvation Army at the Direction of the Probation Office, or any similar course that is available.
He is now serving six months in prison followed by 12 months suspended for two years on the conditions mentioned, ordered the Lord Chief Justice.
