A jury has found Sosaia Tū Maile (20) guilty of manslaughter in the death of Ned Samson Cook (67), the Salvation Army Team Leader, in Nuku'alofa in 2020.

The accused will be sentenced on July 29 at the Nuku'alofa Supreme Court.

The jury delivered their guilty verdict on the afternoon of June 24, after a four-days trial before Lord Chief Justice Whitten QC.

The Court heard from the Crown, that the offending occured on May 15, 2020 at around 9:00pm, when the accused punched Mr Cook on the head causing him to fall, which caused his death on Itafua’atonua Road at Ma'ufanga. 

Itafua’atonua Road is off Vuna Road, between the Davina Building and the Waterfront Restaurant.

Seven witnesses for the Crown gave evidence, including one that saw Mr Cook walking in the same direction as the accused on Itafua’atonua Road.

Another witness saw them arguing in front of her home, and shortly after she heard someone being hit.

She also told the court, that she came out of her house and saw Mr Cook lying down on the road.

One Crown witness also testified that he saw the accused, who was walking in front of Mr Cook, turn around and punched him to his face. Mr Cook fell directly backwards.

Mr Cook who was rushed to Vaiola Hospital died on May 17.

Brain injury

Meanwhile, the Director of Public Prosecutions James Lutui in his closing submissions, said the accused punch landed on Mr Cook’s nose, but not on his mouth as the accused said.

He said this was supported by the doctor's findings that a fracture on the bone of the right eye was noted.

In additiion, a fracture to Mr Cook's nose was identified and this injury was consistent with at least one punch to the face. This one punch to his face caused him to fall backwards and hit his head on the road, he said.

"The impact of Mr Cook's head hitting the road caused the skull fracture and an injury to his brain as identified by the doctor."

The jury convicted the accused after hearing the evidence from the Crown and defence, including that of the accused.

Mr Cook who was from New Zealand, lived in Ma'ufanga. His body was returned to his family in New Zealand for burial.

The Director  of Public Prosecutions was assisted by Joe Fifita.

Sifa Tu'utafaiva was counsel for the accused.