Sioeli Tapueluelu (37) was sentenced today to 12-years imprisonment for manslaughter in the death of a 27-year-old, whom he punched and hit on the head with a wok frying pan, at Havelu. 

Lord Chief Justice Whitten QC sentenced him at the Nuku’alofa Supreme Court. This was after the accused changed his plea to guilty on the day of his trial, on July 19.

The deceased was Harilal Vamanrav was a 27-year-old man from Ngele’ia.

The offending was on the evening of March 8, 2020 the defendant and Harilal were at the residence of Semisi Tapueluelu, where the defendant lived. They were having a drink-up with others.

The court was told that around midnight, Harilal went to the kitchen to prepare food.

The defendant followed him. They were then heard arguing about a t-shirt. Harilal was facing the stove cooking with his back to the defendant, and without warning, the defendant then punched Harilal to the back of his head causing Harilal to fall to the floor in a sitting position.

The defendant then took a wok frying pan and hit Harilal on the head with it. The defendant then punched and kicked Harilal’s head, while he was on the floor. As Harilal was trying to shield himself with his hands, the defendant picked up a small steel stove and hit Harilal with it. 

Semisi tried to intervene but the defendant hit him causing him to fall to the ground. Semisi then went to his neighbour, a police officer and told him of the assault.

The officer called for assistance and walked towards Semisi’s house, and intercepted the defendant on the driveway. When the officer went inside the house, he found Harilal unconscious and unresponsive but still breathing.

Harilal died the next day. An autopsy revealed the cause of death as severe swelling of the brain caused by blunt force trauma.

Savage attack

Lord Chief Justice Whitten in assessing the overall seriousness of the offending, took into account the lack of any relevant provocation by the younger victim; the defendant’s gutless act of cowardice in initiating the assault by punching him in the back of his head, when he was not looking.

This included, the defendant’s savage and sustained attack delivering multiple blows to the victim’s head, his continuous beating of the victim when he was on the ground relatively defenceless and the use of the wok and stove as weapons.

He had previous convictions for violence in New Zealand.

The Lord Chief Justice said, according to the summary of facts provided by New Zealand Police, his last crime there, which resulted in him being deported to Tonga, initially involved a minor road rage incident with the victim.

However, instead of leaving it at that, the defendant and his associate followed the victim for 1.5 kms to a petrol station where they then ambushed him. The defendant punched the victim repeatedly while his accomplice struck the victim repeatedly with a hammer.

As a result, the victim suffered multiple fractures and was hospitalised for five-days, he said.

"In my view, the instant offending cannot be regarded as an ‘uncharacteristic aberration’. Rather, the defendant’s criminal history demonstrates that he has manifested a ‘continuing disobedience to the law’ and a ‘dangerous propensity’ for violence."

He did not co-operate with the authorities and in fact lied to them when first asked about what had happened.

Lord Chief Justice Whitten then sentenced him to 12-years.

"The defendant’s history and senseless outburst of violence in this case, resulting in the death of an innocent young man, make him a serious danger to society, which this Court must strive to protect."

At the same time, there was nothing in the material before the Court to indicate that he would be likely to take the opportunity offered by a partially suspended sentence to rehabilitate.

“For those reasons, I do not consider it appropriate to suspend any part of the sentence,’ he said.

The accused was given credit for any time served, while remanded in custody for this matter.