A 52-year-old man was sentenced to two and a half-years imprisonment after pleading guilty to serious bodily harm and domestic violence committed on his 44-year-old wife in Vaini last year.

Hon Mr Justice Cato sentenced Sami Likiliki Fisilau on November 26, at the Nuku’alofa Supreme Court.

The facts were serious, in the evening of September 8 last year, the victim had returned home with her boyfriend, where already her relationship with her husband (a prisoner) was breaking up. There were three children who she had left with him at home.

“This is were the offences took place, when the prisoner assaulted the victim, that included hitting her left leg with an iron rod. She had an open wound to her leg of 1-1.5 cms and the doctor found an open fracture to the proximal tibia, periorbital swelling with conjunctiva redness, and she was hospitalized for several days.

“The fact that the relationship was plainly failing with a third party involved, I accept to be a motivating factor for the prisoner's apparently uncharacteristic violence. However, he had no excuse for taking an iron rod to the victim or in grabbing her eyes, and exacting his own form of retribution even if, as the probation report states, his wife had been having affairs for a long time and was continuing to do so when this incident arose."

The judge was told the wife had left Tongatapu and the children behind with the prisoner.

When the prisoner was questioned about the children, it transpired that being on bail pending sentence, he had made no efforts to arrange care for the children during the period of any imprisonment that was to follow. The sentencing was postponed so that arrangements could be made for their care.

The court was told arrangements had been made for their care.

Sentence

“The maximum sentence for serious harm is five-years imprisonment. Causing an injury such as this could also qualify for a more serious offence namely causing grievous bodily harm, an offence, which carries a maximum sentence of ten years.”

For serious harm, the judge sentenced him to two and half-years imprisonment, backdated to when he was remanded in custody.

"The message communicated by this Court is that domestic issues are no justification or excuse for violence and domestic abuse will be met with firm penalties."

The court heard he ws a first offender who was struggling to keep his marriage together and look after these children in what must have been a difficult period. He worked in a plantation and earned a living from this kind of work. His children are teenagers with the youngest aged five, who are all dependent on him.

The judge said it is unlikely that he would reoffend now that his wife was no longer living with him. He is a first offender and as a man now in his 50s, that is an important factor to consider.

"I have considered whether in the circumstances I should fully suspend the sentence, but I do not think that the public interest today in Courts taking a strong stand on domestic violence would allow this."

He then suspended the final 21-months of his sentence on strict conditions.

On the domestic violence charge, Fisilau was sentenced to eight-months imprisonment served concurrently with the first count.

In addition, the judgment was to be placed before the Solicitor General, Sione Sisifa to urgently confirm in a report that satisfactory arrangements are made to support the children and their welfare, until their father is released from prison or until suitable arrangements are made for their care and protection.