A 23-year-old man, Halahone Taliai, was sentenced to 13-years imprisonment for the callous manslaughter of ‘Aiveni Tui, whom he struck with a machete in 2016. His younger brother, Sosefo Taliai, received two years and 3 months sentence, after being convicted on a lesser count in the death at Vaini in 2016.

The offence was committed at an area around a solar plant in Vaini where they had been drinking alcohol, including the victim.

Halahone Taliai (23) after a lengthy trial before a jury was acquitted of murder but was convicted of manslaughter.

His co-accused and younger brother Sosefo Malimali Vea (21) who was also jointly tried for murder or manslaughter arising out of the same incident, was acquitted by jurors on both charges, which were founded on common purpose or joint enterprise.

He was convicted of an alternative count of causing serious harm.

Hon. Mr Justice Cato in sentencing the brothers on October 19 at the Supreme Court in Nuku'alofa, said the victim was 36, married, with a young child.

He said the offence, on the morning of October 22, 2016 at Vaini, had involved the use of a machete by Taliai to inflict deep wounds to the victim’s left arm around the elbow area and a deep wound to the back of his right leg.

The judge said in this case the factors important in objectively assessing the starting point and the accused's culpability were: the death of the victim; the fact that the accused carried a machete in anticipation at least of a fight, as a bushman he would know the potentially lethal nature of wounds that could result as a consequence of a strike with a machete; the fact that he deliberately used the sharp edge of the machete when it seems he had used the flat edge earlier in intimidation of others, striking the accused twice on the ground when he was defenseless and posed no threat and callously.

Taliai was sentenced to 13-years after being convicted of manslaughter, backdated to when he was first remanded in custody.

However, he suspended the final three-years of his sentence after considering mitigating factors. The suspension is upon strict conditions.

Sosefo on the other hand, had carried a weapon namely a hammer to the fight and used it by striking the head of the victim causing a laceration and, according to the doctor, caused some internal bleeding.

The judge sentenced him to two-years and three-months imprisonment for causing serious harm.

After considering mitigating factors, the final six-months of his sentence was suspended.

His sentence too was backdated to the date he was first remanded in custody.

Both accused had apologized to the victim's wife and expressed remorse, the court heard.