Final submissions in murder trial [1]
Tuesday, January 29, 2019 - 15:33
The final submissions by legal counsel in the trial of ‘Atonio Moeaki (40) charged with the murder of Dr Sione Feo Lau’i (23) was completed on January 28 at the Supreme Court in Nuku’alofa.
A seven-member jury is expected to be released to deliberate on a verdict, after Hon Mr Justice Cato sums up the case and makes direction on the law today, January 29.
The murder trial, which began last week, nears the end after the Crown completed calling its witnesses, which included eyewitnesses, the doctor who examined the victim at Vaiola Hospital and police officers who dealt with the homicide investigation.
The accused represented by Sifa Tu'utafaiva chose not to give evidence in Court.
The Prosecutor in his submission said the accused's version of what happened on this night was on his record of interview conducted by Tonga Police.
The accused in answering some of the questions by Police said that he probably hit the victim on the head, but the victim had used his hand to shield his head and then landed on his head. In addition, the accused said he did not intend to hit the victim on the head just the arms, said the Prosecutor.
The Crown does not accept this statement and put to jurors to reject it because if this is what happened it would not have caused the injury on the victim's head and is inconsistent with the doctor's evidence, he said.
Not guilty plea
Pleading not guilty to murder and alternative counts of manslaughter and grievous bodily harm, the accused was a bouncer at the Nauti Ruby Nightclub on the night of February 9, 2018 when the assault took place.
The accused is alleged to have used a hard silver aluminum baseball bat to hit the victim on the head and on other parts of his body, while he was on the side of Vuna Road in front of the main entrance at the new Taufa’ahau Tupou IV Domestic Wharf in Ma’ufanga. This was after the two had a confrontation at the nightclub.
The victim who died a few days later on February 15, had sustained swelling on the right side of his head and subdual hemorrhage (blood in his brain). Despite urgent surgery to relieve the blood, his brain continued to swell and he passed away, the Court heard.
The Prosecutor put to jurors that based on the evidence provided by the Crown before the Court, the most reasonable verdict is to convict the accused of murder.
‘Aminiasi Kefu, the Prosecutor completed his submissions in the afternoon, after Tu'utafaiva held his in the morning.