Siokivaha Timani was sentenced to four-years and nine-months imprisonment for causing grievous bodily harm when he stabbed Tesimoni Funaki with a knife, causing injuries to his back and right lung in February last year, at Navutoka.

On 8 July, Hon Mr Justice Cato found the prisoner guilty after a trial, at the Nuku’alofa Supreme Court and remanded him for sentencing last week.

The court heard the complainant in his evidence said on February 7, 2015 he was drinking with friends on the foreshore near a bench at Navutoka on the eastern side of Tongatapu.

He said the Timani had joined them later that evening, and took what seemed to be the remaining alcohol bottle with him without permission, which was retrieved but angry words were exchanged between him and one member of his group. Timani then walked to his home nearby, and later he came back to the area with a large knife. 

According to Yimani, Funaki challenged him to a fight. Funaki disputed this and said it was Timani who challenged him.

Stabbing

The judge said the two men fought adjacent on the road, a few punches were thrown by each of them.

The prisoner on his own admission pulled out the knife from his back pocket and as the complainant bent forward, he stabbed him in the upper mid area of the back a few inches below his neck with his right hand. The complainant thought he had been punched and the fighting lasted about 20-30 minutes, when he started to have difficulty breathing. His friends intervened and stopped them from fighting.

Funaki was taken to the hospital where he was operated on and drips were placed into his body. The doctor had said without the operation he could have died within one to two-hours, he said.

Mr Justice Cato said he did not believe the prisoner told the truth when he said in evidence that he used the knife in self-defence.

“I find that the stabbing was beyond reasonable doubt an act not carried out in self defence. It was an unreasonable response."

He said the willful act of stabbing was life threatening and unlawful and convicted Timani of the offence.

In sentencing the prisoner, to four-years nine-months, he suspended the final two-years on strict conditions.