By Linny Folau
A 51-year-old woman suffered a fractured skull and permanent damage to her arm, while her daughter’s nursing studies were disrupted, after a violent machete attack that the Lord Chief Justice described as intolerable domestic brutality.
Samisoni Toliseli has been sentenced to five years’ imprisonment after pleading guilty to two counts of causing grievous bodily harm following the attack in Nuku’alofa.
Lord Chief Justice Malcolm Bishop sentenced Toliseli on 4 February at the Supreme Court of Tonga. In November last year, the defendant changed his plea to guilty.
The court heard that after a night of heavy drinking, an argument developed between Toliseli and his partner, Hu'avai Vaokakala, 51. During the altercation, he attempted to strangle her before throwing her to the ground. Her 21-year-old daughter, Pelelina Vaokakala, responded to her mother’s cries for help.
“You then grabbed a machete and swung it at the daughter who raised her right hand to shield herself and you struck her right hand causing her to fall to the ground. You then repeatedly struck the first complainant with a machete causing injuries to her head, left hand and the side of her stomach. When her daughter attempted to pull you away you turned on her with the machete and chased her away until her cries for help were answered by neighbours. The injuries these ladies suffered were severe and are fully set out in the medical report which I have read,” the Lord Chief Justice said.
The first complainant suffered an open depressed skull fracture with intracranial bleeding, a deep laceration to her left flank, a comminuted fracture of the left distal humerus and a severe fracture affecting the flexor tendon of her left arm. She required surgical intervention and is now unable to continue weaving Tongan mats, depriving her of income.
The court was told she has forgiven the defendant and received communications from him expressing an intention to compensate her.
“This, I take into account as an indication of your remorse, but it cannot of course anyway reduce the seriousness of what you did,” the Lord Chief Justice stated.
The second complainant sustained a right mid-shaft ulnar fracture. Her arm movement remains limited, with her forearm angled between 140 and 150 degrees instead of 180 degrees. She continues physiotherapy and experiences ongoing pain.
Medical evidence indicated the injury may take six months or longer to heal, with uncertainty over full recovery. The injury has affected her studies at Tonga National University, where she was in her final year of a three-year advanced diploma in nursing.
“Again, she has had to suspend her training and when she returned has had to work extra time to catch up. She, not surprisingly, still continues to have nightmares and sought help from counselling. She makes the following submission to the court: she hopes that the sentence can reflect a permanent condition as she feels as this is how she has to live for the rest of her life. She is also anxious at the accused returning after serving your sentence. She describes you as a violent man with a bad temper and has not received an apology from you."
The prosecution cited aggravating factors including the seriousness of the offences, the use of a machete, the attack occurring in the victims’ home, and the life-threatening nature of the injuries.
“You are a man of a violent disposition. You have been before the courts for separate occasions, assaults some of which occurred in a domestic setting. I must make it plain to you and everyone else in Tonga, assault on women particularly in a domestic situation will not be tolerated and strong punishment must follow,” the Lord Chief Justice said.
The court adopted a starting point of seven years’ imprisonment for the first count, deducting three years in recognition of the defendant’s apology, offer of compensation and the first complainant’s forgiveness, resulting in four years.
On the second count, three years will run consecutively and one year concurrently, bringing the total sentence to seven years’ imprisonment. The final two years are suspended for three years on conditions.
Toliseli will serve five years in custody. Upon release, he must not commit any offence punishable by imprisonment, will be placed on probation, must complete drug and alcohol awareness courses as directed, and live where directed by a probation officer.
Failure to comply with the conditions may result in the suspended portion being activated and the balance of the sentence being served, the court order;
