A convicted murderer, who had received a life sentence for murdering his fiancé in New Zealand in 2003, killed again in Tonga only a few months after his release and deportation to Tonga in December 2013.

Last week in the Nuku'alofa Supreme Court, Patrick 'Unga (39) was sentenced to 12 years and six months imprisonment after being convicted of manslaughter for the death of Sitanilei Sime, whom he struck repeatedly on the head with a metallic torch on 12 April 2014, in the Nuku’alofa Central Business District.

‘Unga was previously sentenced to life imprisonment at the age of 27 years in 2003 for killing his fiancé by repeatedly hitting her over the head with a dumbbell. He was deported to Tonga in December 2013 and lived with his family until committing this homicide on April 12, 2014 when he was aged about 38 years.

Mr Justice Cato, in sentencing ‘Unga on Thursday, 5 November suspended the final 18-months upon several conditions.

He said the prisoner was convicted of manslaughter after a jury trial on June 19, 2015. He had defended both murder and manslaughter charges. 

His defence, however was principally aimed at resisting the murder verdict namely whether in beating the deceased (Sime) he knew that death was likely a consequence. He was found guilty on manslaughter.

Manslaughter

Justice Cato said it was proven that in the early morning of April 12, 2014 the prisoner had been working as a watchman for Dataline business in the CBD.

In the late evening, he had gone to Digicel Park and at around 2:00am drank alcohol from a bottle of spirits he had. A group of youths approached him and asked to borrow his phone and he gave it to them. He also shared some alcohol with them. Later, when he asked for his phone back and it was not returned, a fight broke out during which he used a large torch to hit Sime.

"Medical evidence from pathologist suggested that there had been three or four blows to the back of the head causing a large comminuted depressed fracture of the left parietal bone and hemorrhage into the soft tissues of his scalp. As a consequence, there was bleeding into his cranial cavity and the deceased died soon after at hospital."

In 'Unga's record of interview, he admitted his involvement and that he was angry when his phone was not given back to him.

Previous murder

The judge said it was only after the trial, that he learned the prisoner had been convicted of murder in New Zealand where he had lived and worked as an overstayer for some time in his early 20s.

The sentencing was delayed to get further information from New Zealand on his previous murder conviction and also for a report from Dr Puloka, forensic psychiatrist at Vaiola Hospital. The prisoner was then transferred to the secure unit at Vaiola Hospital for some months for Dr Puloka to examine him and a report was received recently.

The judge said in these, circumstances, he considered whether he should suspend any part of this sentence.

“At first I considered I should not. On further reflection, I consider that I should. He has expressed remorse, has apologized for causing the death, and has been co-operative with police. His family speaks of his otherwise gentle character,” stated Mr Justice Cato.

Supervision

He said that a suspension of the last 18 months imprisonment would ensure in the public interest that there is proper and orderly supervision of his release into the community and his rehabilitation.

The suspension of the final 18-months suspension was upon the conditions that he does not commit an offence punishable by imprisonment for three-years; is placed on probation for 18-months; lives where directed by his probation officer; not to consume alcohol or drugs during probation; is to be placed under the care of a qualified psychiatrist for follow up counseling; and to undergo further counseling with the Salvation Army on drug or alcohol abuse on his release.

The judge also recommended to the Commissioner of Prisons that in the very early part of his sentence he be transferred to the secure wing of Vaiola Hospital for a reasonable period as Dr Puloka considered is required for him to further his psychological treatment. He is also to undertake counselling for alcohol and drug abuse, and anger management in Vaiola.

The judge said the doctor was of the opinion that psychological treatment in order for the prisoner to reform his life should be one of the main purposes of the expected sentencing in order for him not to harm others or to commit homicide again in the future.

"The prisoner here, does not suffer, however from a mental disorder but a personality disorder, but not so extreme, according to Dr Puloka as to be regarded as an abnormality."

Manslaughter carries a maximum sentence of 25-years in Tonga.

Counsel for the prosecution was Mr Aho, and counsel for the defendant was Mrs Taufateau.