Semisi Lolohea (27) and Monalisa Manumu'a (25) were sentenced to nine-years imprisonment for the manslaughter death of ‘Eneasi Tu’ineau (48), a father of six children who was beaten to death with heavy sticks in 2013, at Afa in Tongatapu.

He said while they were drinking the two kept complaining about a person called Lotu Latu about how he had taken 'Ana Lupe Kama to a drinking party a week before where she got beaten up. They got more alcohol and continued to drink and at about 12:00am, Lolohea saw Lotu walking down the road in front of the house where they were drinking.

The court heard that Lolohea attacked Lotu and started beating him up, Monalisa also joined in and started punching him. Another person, Lolesio Valu intervened and stopped them, and Lotu ran off seeking help nearby.

Fight

The deceased ‘Eneasi Latu, who was Lotu's father, was walking back from a kava party. Lolohea collared him on the road telling him to go and check on his son as to whether or not he was still alive.

'Eneasi got angry and left returning a few minutes later with a machete in one hand and an iron rod in the other. He shouted outside the house where the accused were at, asking why they had beaten his son. They became angry and began to quarrel. Lolohea, Manumu'a and Lolesio started to throw rocks at the victim before walking out and attacking him.

He said in the process, the victim swung his knife and injured Lolohea’s leg, and he became more angry and continued to pursue the victim with Monalisa. They took turns beating him with sticks while the victim shielded himself. They beat him up until he fell on the ground and they continued to beat him while he lay there in front of another house. Another person called for help and someone came and tried to hold both men back.

'Eneasi was already injured and lying on the road and was rushed to hospital. He was pronounced dead on arrival and the cause of death was determined to be brain hemorrhage as a result of the impact to his face and head. He had also suffered multiple blunt impacts and fractures to other parts of his body.

Sentencing

Mr Justice Cato said said the nature of beating, involving heavy blows with two heavy tree branches to the upper body of a man who was defenseless and prone on the road, plainly was extreme violence. Each hit him with a number of blows to his upper body as he lay there.

He set a starting point of 11 years for both them. He then gave them two-years for mitigation for their pleas, expression of remorse, being first time offenders and the fact they have made compensation and apologies accepted in the Tongan way by the deceased family.

"I pass on them both for manslaughter nine-years imprisonment. I consider, however they both qualify for some measure of suspension."

For Lolohea, he suspended 18-months of his nine-year sentence and Manumu'a's final two-years of his sentence was suspended, under strict conditions.

Murder

The judge said the prisoners had initially been both charged with murder and in the alternative manslaughter.

On November 25, 2014 they had both pleaded not guilty to all charges.

On June 13, 2016 Manumu’a was re-arrainged and pleaded guilty of manslaughter. While Lolohea opted for trial and on July 1 this year he was found not guilty of murder.

The Crown withdrew the charge of murder and he was re-arraigned and pleaded guilty to manslaughter.

At the same time, Lolesio who was also charged in relation to this case was tried and discharged on charges of murder, manslaughter and greivous bodily harm. He pleaded guilty to a lesser count and the Crown offered no evidence on him towards the conclusion of his trial as evidence showed he had left the scene and had no part in the homicide.

The sentences are served from the date the prisoners were remanded in custody.