Man who partially blinded another convicted [1]
Friday, May 21, 2021 - 18:06
Vunga Fusikata (34) was found guilty of causing grievous bodily harm when he punched Pita Fuoleva (45) causing permanent blindness in his left eye.
Lord Chief Justice Whitten QC convicted him, after finding there was no case of self-defence in a trial at the Nuku'alofa Supreme Court, last month.
The offence occured on February 15, 2020 after a drink up at a home in Ha'ateiho.
He accepted the evidence of the Crown witnesses, in particular, Pita and Siositeni, that the accused effectively 'king hit' Pita in the shower.
"Such an act is often described colloquially as a coward's punch. On that finding alone, there was no lawful justification for the assault and therefore the charge is proved."
In addition, he accepted the Prosecution's submission, that the accused multiple punches to Pita's eye, which must have already been damaged for him to target only it, and if those punches caused the eye to rupture, he would have considered the accused actions an unreasonable and unnecessary response to defend himself.
He could have hit other areas of Pita's body or tried to push him off. As observed, the accused had the build and apparent strength to do so effectively. He also drank significantly less alcohol that night than the complainant, who described himself as fairly drunk, said the Chief Justice.
“I am satisfied that the Prosecution has eliminated, beyond reasonable doubt, any reasonable possibility that Vunga acted in self-defence.”
The accused will be sentenced on June 4.