By Linny Folau
Viliami Taukei’aho has been found guilty of causing serious bodily harm and common assault following a machete attack during a family dispute at Pea in 2024.
Justice Tupou delivered the verdict on 20 February, following a trial in November last year. Taukei’aho was convicted on two counts of causing serious bodily harm to Tomasi Kitekei'aho, his sister-in-law’s brother, and one count of common assault after attempting to strike his sister-in-law, Vaokakala Tupouhia, with a machete and missing.
The court found the charges proven beyond reasonable doubt.
“Sadly, the offending here has clearly arisen from an unresolved family dispute that got out of hand. However regrettable these situations turn out in the end the courts do not sympathise with people who insist on taking the law into their own hands,” Justice Tupou said.
The court found that on 13 February 2024, at about 3pm, Vaokakala was at her husband Kaloni’s home in Pea with her brother Tomasi and his family. They were frying homemade cakes. Around 5:00pm, her father-in-law, Sioeli Tupouhia, approached and demanded she leave the house. She refused, and Sioeli left for the accused’s residence.
Shortly after, Taukei’aho arrived with a machete, shouting at Vaokakala and demanding to know what had happened between her and Sioeli. When she told him to ask his mother, he headed toward the house yelling for her to get out “or he will chop them into pieces.”
At the veranda, he pushed open the wooden gate and swung the machete at Vaokakala. She ducked and the blade struck the gate, leaving a visible mark. He then pushed her aside and chased Tomasi, who jumped over the veranda railing but became stuck. Taukei’aho struck the base of Tomasi’s right foot with the machete before Tomasi managed to escape after the accused slipped on a pile of rocks.
Tomasi was taken to hospital, where Dr Ma’u confirmed injuries to the first and second toes on his right foot.
Police later arrested Taukei’aho. In custody, he claimed he had discarded the machete at Ha’ateiho beach, but a search failed to locate it. He later admitted it was in his vehicle, where it was seized.
Evidence
The prosecution relied on evidence from Tomasi, his wife Fai’ana, and Dr Ma’u. A trial booklet included the indictment, police investigation diary, medical report, photographs of the injuries and scene, and witness statements. Taukei’aho was the sole witness for the defence.
The court found the dispute stemmed from earlier arguments between Sioeli and Vaokakala. Evidence showed Sioeli had gone to his son visibly upset after learning he and his wife were allegedly told to move out. Taukei’aho drove him back to the property in a work truck carrying tools, including a machete.
Fai’ana testified she saw the accused take the machete from the truck while “cursing, swearing and threatening that he would cut them up with it.” She maintained her evidence under cross-examination, and the judge found her to be a reliable and credible witness.
Tomasi’s evidence was largely accepted, though the judge preferred Fai’ana’s account where inconsistencies arose.
Ruling
In his ruling, Justice Tupou said:
“Sadly, the offending here has clearly arisen from an unresolved family dispute that got out of hand. However regrettable these situations turn out in the end the courts do not sympathise with people who insist on taking the law into their own hands.”
The judge found the accused partly admitted shouting threats and foul language, saying under cross-examination that he intended to scare them because they were mocking him.
“The accused accepted he swung the machete for the first time outside of the entrance gate to the veranda of the house and I find that he did so in the immediate presence of Vaokakala to scare her, as he said. I believe that he did not intend to injure Vaokakala and as he said it would not have been difficult for him had that been his intention.”
On the defence argument that Vaokakala was not called to testify, the judge said her absence did not damage the prosecution’s case and that, based on the evidence of Tomasi and Fai’ana, the charges were proven beyond reasonable doubt.
“I find this was the motive behind the conduct that amounted to the offending against Vaokakala and Tomasi here.”
Taukei’aho was found guilty on both counts and remains to be sentenced at a later date.
