By Linny Folau
Solomone Kauvaka (29) is serving 18 months imprisonment for two charges of common assault and serious causing bodily harm to a six year old boy, when he threw him against a wall injuring his head, in what the judge described as brutal attack against a defenceless child, who suffered from achondroplasia, in July last year.
Justice Tupou sentenced him on 9 May in the Supreme Court, Nuku’alofa. This was after he pleaded guilty to the two offences committed on the victim, Sefili Kaafi in Sopu. The common assault charge was that he repeatedly punched the young victim's head and kicked his body.
The judge stated that the victim suffers from a medical condition called achondroplasia, and at the time of the offending the defendant was in an intimate relationship with the victim's mother, Sulieti, and had been since April, 2024.
They are from 'Uiha, Ha'apai and are usually residents there. On this occasion, they travelled to Tongatapu because Sefili was experiencing back pain after swimming with the defendant and slipped. The defendant followed Sulieti and Sefili to Tongatapu. On the day of the offending, Sulieti picked up the defendant to spend the day with them. While Sulieti was at the neighbours, the defendant attacked Sefili, then took his belongings and left the house.
Sulieti was alerted that the defendant was leaving. She rushed out and spoke with him before he left. Inside their house, she found Sefili covered in bruises and rushed him to the hospital. Dr. Pomale attended to him and filed a report with the police produced by Prosecution. The defendant later told Sulieti his conduct was motivated by anger because her relatives were gossiping about them.
He described to Sulieti that he punched and kicked her son until his mouth bled, strangled him by the throat until his eyeballs almost fell out and then threw him against the wall injuring his head. He apologised to Sulieti but said he still loved them and spoke about how his studies may be affected. Upon his arrest, the defendant admitted the offence and told the police that he was angry with Sulieti and while he was calming himself down, he saw Sefili's soiled nappy leaking and attacked him, stated the judge.
Meanwhile, the Crown submitted the aggravating features was the seriousness of the offending, multiple unprovoked violent attacks, the age and medical condition of the child, gravity of the child's injuries, the psychological effect on him, and the breach of trust as the child was in his care. His only mitigating feature was his early guilty plea.
The judge added that Dr. Pomale described Sefili as an achondroplasia child, weighing 19.1 kg with a height of 93.9cm and head circumference of 52cm. Consistent with his condition; he had delayed milestones such as talking and walking at the age of 4 years and is not toilet trained. As for Sefili's injuries, the doctor reported that he sustained a 3cm long parietal scalp laceration; significant swelling and bruising in both eyelids, had severe bilateral sub conjunctival haemorrhage, bruises, swollen and mild bruise on right earlobe, among other injuries.
She stated that the Victim Impact Report stated that Sefili is still living with his mother at Sopu. His mother reportsed that he has fully recovered from his injuries but he has not forgotten the assault. The defendant and Sefili's mother are no longer in contact.
Meanwhile, the defendant submitted to court that he had conveyed his apology and regretted his actions. He took responsibility for his behaviour and said he was aware of the consequences. As to the offending, he said he was angry and mad with Sulieti for playing with his feelings and he could not control himself. He had made a vow not to be violent and is taking steps to ensure what happened is not repeated.
“The maximum statutory penalty for serious causing bodily harm is five years imprisonment and for common assault, a fine not exceeding $5,000 or imprisonment not exceeding one year or both. This was an inexcusable cruel and brutal attack on a defenceless vulnerable child,” stated the judge.
“Frankly, the charges do not reflect what (by his own admission) the defendant did. He punched and kicked the child until his mouth bled, strangled him by the throat until his almost fell out and then threw him against the wall. Those in my view are acts of a depraved mind, especially when his victim was a 6 year old achondroplasia child that was no match for him.”
She added that having regard to maximum statutory penalty, the seriousness of the offending, the complainant's was injuries, the comparable sentences, the sentencing principles of punishments and deterrence, she set a starting point of two and a half years' imprisonment, which she lifted by 12 months for his violent and inhumane actions lacking of moral sense or regard for the child's vulnerability and dignity. This resulted in a final sentence of three and half years imprisonment for count one and 9 months imprisonment for count two to be served concurrent to countone.
“Meanwhile, the defendant in an attempt to justify his actions gave three different reasons to different people. He told Sulieti it was because her family were gossipiping about them, he told the police he was angry with Sulieti and while he was trying to calm down he saw Sefili's soiled nappy leak, and lastly, he told the probation officer that he was mad and angry with Sulieti for playing with his feelings,’ stated the judge.
“I find it unacceptable that he is more concerned about any disruptions, to his studies, as, a result if his offending over the damage he may have caused to the vulnerable victim. For those reasons I doubt his remorse."
“However, he pleaded guilty, saving the child from re-living the trauma he put him through if he were to give evidence and is a fist time offender.“
He was sentenced to two and a half years' imprisonment, with the final 12 months of the sentence was suspended for two years, on conditions. Failure to comply with any of those conditions may result in the suspension being rescinded, in which he will be required to serve the balance of his sentence, stated the judge.
The defendant is now serving 18 months' imprisonment.
