A party of excessive drinking resulted in a man getting so drunk that he killed his cousin, the Nuku'alofa Supreme Court heard.

On February 3 in passing a sentence of life imprisonment on convicted murderer 'Alekisanita 'Ake, the Chief Justice Robin Webster quashed a submission by the defence that a lesser imprisonment sentence could be imposed. He said the court had no power to impose a lesser sentence. The choice was between a death penalty or life imprisonment.

'Alekisanita first appeared for trial in December 2005 in the Nuku'alofa Supreme Court. charged with the murder of his cousin Fekumi Matakuolava, whom he killed on May 4, 2005, by hitting him on the head twice with an iron rod, after a drinking spree that went on all night and then the next day.

In finding 'Alekisanita guilty of the murder, by causing severe head injuries leading to Fekumi's death, the Chief Justice said he did not accept the defence that there had been extreme provocation by Fekumi.

"You were provoked by Fekumi, though I found that your reaction went beyond the reaction to extreme provocation, which the law allows," he said, adding that intoxication did not constitute a defence or excuse to a criminal charge.

"I think I must comment on the evils of going on a drinking party which lasts all day. This is my 5th year in the Courts in Tonga and I know that such drinking parties are all too common, with the result that the people concerned end up in Court because unimaginable things have been done which nobody in their right mind would even think of doing. The point today is not that you are a well-mannered young man...but that you got yourself so drunk you killed your cousin," the Chief Justice said in his sentencing decision.

Mandatory sentence

Chief Justice Webster dismissed the submission by the defence counsel Tesina Fifita for a shorter sentence and said that in Section 91(1) of the Criminal Offences Act it said, "“Every person who commits murder shall be sentenced to death or to imprisonment for life."”

"That is most certainly written in mandatory terms and there is no mention that the Court had to impose a sentence of imprisonment for a lesser period than life, the only discretion that the Court has under that subsection is whether to impose death or life imprisonment."

He also said that because he did not find 'Alekisanita's offence was of an exceptionally depraved and heinous manner, he therefore sentenced him to the life imprisonment in Hu'atolitoli Prison. He recommended that 'Alekisanita undergo an alcohol awareness course.

"You are a young man with your life before you and a life sentence will last a very long time," said the Chief Justice, who also noted that if 'Alekisanita's conduct in prison remained good and he avoided further violence, he should be considered for parole or release on licence after serving 10-15 years.

The counsel for the Crown was Linda Simiki.