Two men convicted of assault on brothers in 'Utui [1]
Thursday, June 3, 2021 - 19:44. Updated on Thursday, June 3, 2021 - 20:08.
By Linny Folau
Samisoni Tu’i’onetoa and Sitiveni Pomale Moala have been found guilty of causing grevious harm and assault on two brothers, during an altercation in 'Utui, Vava'u last year.
Hon. Mr Justice Niu convicted both men on May 29. This was after their joint trial in March at the Supreme Court in Neiafu.
The offence occured on February 15, 2020.
Tu'ionetoa was charged with three counts, and was found guilty of causing grievous harm to Lotolua Fisi'ihoi (65) when he hit him on the head with an iron rod, causing a fracture.
He also assaulted Lotolua's younger brother Halemoana (55) by punching him in the face.
The judge was satisfied beyond reasonable doubt that Tu'i'onetoa caused grievous bodily harm to Lotolua by hitting his head and causing hairline fracture to his skull with a metal pipe, although it is described in the charge as an iron rod.
As for Moala, he was convicted of assault when he kicked Halemoana.
Halemoana said in his evidence that he was tired from trying to stop the fight and he went and stood by a fence and rested.
While he was standing there he saw four people coming towards him and one of them was Tu'i'onetoa, who punched him on the left cheek and he fell down.
At this time, the other three, including Moala, kicked him while he was on the ground. The kicks landed on his ribs, face and jaws, he said.
The doctor's report stated that Hale sustained an injury to his left eye causing periorbital swelling and sub conjunctional haemorrhage, periorbital swelling and bruising extends down to involve his left upper cheek bone.
Both men will be sentenced in August 13.