Man acquitted of manslaughter in electrocution death [1]
Tuesday, June 25, 2019 - 18:57
Uilisoni Falahola was acquitted of manslaughter in the electrocution death of a man in Kolomotu'a in a verdict delivered by the Lord Chief Justice in his on June 19 at the Supreme Court in Nuku'alofa.
The case arose from events on August 3, 2017 when Falahola loaned and setup a double fluorescent light (the light fixture) in a tent that was used for food preparation at a funeral in Kolomotu'a. The light fixture was unsafe and because of its manner of installation caused the metal tent poles to be charged with electricity.
'Isileli Palu who touched the tent pole received an electric shock and died.
The Chief Justice found Falahola not guilty because the charge has not been proven to the required standard.
He said the particulars of the offence was that Falahola made an electrical installation in the tent, while not being registered as an electrical contractor under the Electrical Contractor By Laws.
Falahola is alleged to have been grossly negligent in making such electrical installation because he did not ensure proper and safe installation of electrical tube lights and wiring on to the metal frame of the tent, which caused the metal frame of the tent to be charged by electricity and when Palu touched it, he was electrocuted causing his death.
The Chief Justice said one witness had said Falahola is known in the village as a handyman, plumber and electrician and even referred to building projects where he did electrical work.
The Crown had two lines of argument in relation to this issue. The first that Falahola was grossly negligent because he did re-wiring work without permit.
Crown counsel relied on the Electrical Wiring By Laws, which makes it an offence for any person to install electrical wiring without the permission of Tonga Electric Power Board, he said.
“I dismiss this argument. I find that Falahola did not require the light fixture but in any event the absence of a permit to do such work says nothing at all about the standard or quality of work performed.”
He said the second argument was that, Falahola had held himself out as an electrician, which requires proper training and certification and in doing this electrical work, he must be judged by the standard of a trained electrical.
“There was an issue whether, in a legal sense, Falahola's actions caused the death. The evidence of Falahola, which again I accept, was that Palu was told that the tent was live and went ahead and touched it anyway,” said the Chief Justice.
"Doing the best I can with what is before me, whilst Falahola unknowingly created a dangerous situation when he installed the light fixture, Palu voluntarily touched the tent pole in full knowledge of the danger."
Not negligent
The Chief Justice said, Palu's deliberate conduct, in the face of an obvious danger, distinguishes this case from other cases where a deceased has simply been negligent in some fashion and thereby contributed to the circumstances leading to his death.
“The evidence fell well short of satisfying me that Falahola held himself out as an electrician, or, of possessing particular skill and knowledge in that field, to the people of the village. A witness said that Falahola was known to be an electrician but he did not say that Falahola ever held himself out as such.”
He said prosecution proceeded on the basis that Falahola had re-wired the light fixture “but he said he did not do so and I accept his evidence.”
“Falahola supplied a light fixture and an extension cord (as a favour) and hung the light fixture in the tent. That is all he did. To my mind, it is entirely artificial to Falahola is not therefore to be judged by the standards of a qualified electrician; but that is not an end of the matter,” said the Chief Justice.
He said there is still the question whether, judged against the standards of a reasonable man, he was grossly negligent in installing the light fixture.
“Having seen and heard him give his evidence, I do not regard him as a man who would be reckless with the safety of others. The light fixture is plainly old and the re-wiring has not been done professionally and there is no earth wire,” said the Chief Justice.
"Falahola said, and I accept, that after installing the light fixture he touched the tent and did not get a shock. In those circumstances, I can understand that he would be satisfied that the installation had been completed safely."
“Standing back and looking at all the circumstances, I was not satisfied beyond reasonable doubt that Falahola was grossly negligent. Falahola did not show such a disregard for the life and safety of others as to be guilty of the crime of manslaughter,” he said.
“The charge has not been proven to the required standard and Mr Falahola is acquitted of the one count in the indictment."