Tonga’s Court of Appeal has today dismissed an appeal by the Crown against a fully suspended sentence imposed on Sau’iluma Guttenbeil, who was convicted of manslaughter at the Supreme Court.

In the case in question, Mr Justice Cato acquitted Guttenbeil of murder but found her guilty on manslaughter for the death of her husband Michael, whom she ran over with her vehicle to stop a fight in 2012 in Vava’u.

She was sentenced to two-years and nine-months imprisonment, which was suspended in full but subject to conditions which included attending anger management courses and 160 hours of community service

The court heard Guttenbeil has seven children ranging from 2 to 13-years-old, with the two eldest saying their mother was the best person to take care of them.

"The Crown contended that the aggravating features of this case outweighed mitigating factors and the judge should not have suspended the whole sentence. The Crown has not satisfied us that clear and compelling grounds exist for increasing the sentence by reducing the period of suspension."

Police Inspector

in another appeal case the court upheld an appeal by a former Police Inspector Veimau Leone against his conviction and sentence after he was imprisoned for fraudulent conversion of diesel fuel.

The appellant’s guilt was not proved beyond reasonable doubt and the conviction and sentenced quashed, stated the Appeal Court.

The Appeal Judges included the Vice-Chairman Mr Justice Hon Salmon with Mr Justice Hon Moore, Mr Justice Sir Blanchard and Mr Justice Hon Tupou.

Mr Justice Salmon had his final sitting in this session after 11-years. Mr Justice Moore will take over as Vice-Chairman in the second appeal session later this year.