Three brothers who were accused of serious bodily harm when they allegedly attacked another man during a fight at Hofoa in 2017 were found not guilty, at the Supreme Court on January 30.

Lord Chief Justice O.G. Paulsen acquitted the trio after the charges against them had not been proven beyond reasonable doubt from the evidence provided by the Crown, during a trial on January 22-24.

The brothers ‘Amoni, Tu’iano and Filipe Pau’uvale who pleaded not guilty, had elected to be tried by judge alone.

The Court heard on September 11, 2017 allegedly in an attack on Dave Kanongata'a at Hofoa, 'Amoni had used an iron pipe, Tu'iano used a rock and Filipe used a piece of wood to inflict wounds on him.

The Chief Justice said the prosecution case proceeded on a different basis than the indictments suggested would be the case in two respects. 

He said first, although the indictments alleged that the three accused took part in a joint attack upon Kanongata'a and that each had used a certain weapon (an iron pipe, timber or rock), at trial the prosecution evidence was that only the iron pipe was used on the victim.  

Also, the indictments alleged the infliction of wounds upon Kanongata'a (although this may be a typographical error) but at trial it was alleged that he suffered one wound to the head from being struck by the iron pipe wielded by 'Amoni, albeit as part of a joint attack by all three accused, he said.

In addition, the Chief Justice did not accept the evidence of two Crown witnesses, namely Kanongata'a and another, that the three accused had jointly attacked Kanongata'a.

“I find also that throughout the three accused were independent actors and that there is no basis to infer that they reached an agreement, express or tacit to participate in the joint attack.”

Among other findings, the Chief Justice accordingly discharged the three.