By Linny Folau

‘Atonio Moeaki (40) has pleaded not guilty to the murder of Dr Sione Feo Lau‘i (23) on February 9, 2018 in a murder trial that started on Monday, January 21 in the Nuku'alofa Supreme Court before Hon Mr Justice Cato and a jury.

The accused is alleged to have hit the victim on the head with a silver aluminum baseball bat on the side of Vuna Road, after a confrontation at a nightclub.

The alternative counts are manslaughter and grievous bodily harm.

Acting Attorney General and Director of Public Prosecutions, ‘Aminiasi Kefu the Prosecutor in opening the Crown’s case on January 22 put to the jury the one proper verdict is to convict the accused of murder.

He said this occurred at around 9:00pm on a sidewalk situated outside the entrance of the new Taufa’ahau Tupou IV Domestic Wharf on Vuna Road, at Ma‘ufanga.

He said evidence would show that Dr Lau‘i from Vava‘u, who was living at Havelu, went to Nauti Ruby’s Nightclub on Tu‘imatamoana Wharf.

On this night Lau‘i was very drunk and had tried to enter the nightclub. 

He was stopped by the accused, working as a security guard or bouncer at the door, because he was too drunk.

Lau‘i was upset that he was not allowed to enter and started to argue with the accused in a confrontation that allegedly saw the accused attacking Lau‘i and then Lau‘i punching the accused, at one point.

The Prosecutor said the accused then went to the entry of the nightclub and retrieved a silver aluminum baseball bat. 

He returned and hit Lau‘i on the hand causing him to stagger back. Lau‘i at this time did not persist to enter the nightclub but went and stood from Vuna Road and allegedly yelled out to the accused to wait there.

The Prosecutor said the accused then chased the victim on the sidewalk towards the Nuku’alofa area passing Davina Lodge, Waterfront Lodge and Noa Nightclub. 

He was on the sidewalk at the entrance of the new domestic wharf where the alleged assault is said to have taken place. 

The court heard at this time two women who were inside a car outside Nauti Ruby’s had followed the chase.

“One of them is a Crown witness who alleged that she saw the accused had repeatedly hit Lau‘i on the head with the baseball bat causing him to bend on his knees and fall on the ground.”

Death

The Prosecutor also told the court Lau‘i was rushed by Tonga Police to Vaiola Hospital. He was admitted to the Emergency unit where the doctor found him to be unconscious.

The doctor had also found a swelling on the right side of Lau‘i’s head and abrasion on his right arm and left knee and ordered a CT scan, which confirmed there was subdual hemorrhage (blood in his brain).

The court was told that an emergency surgery was carried out to relieve the blood but his brain continued to swell.

Lau‘i died on February 15.

Police had arrested the accused on the same night and the baseball bat was seized from the nightclub.

On January 22, the first of the Crown’s nine witnesses, an eyewitness to the alleged assault started her evidence.