By Linny Folau

A prisoner, Mikaele Hoponoa Pahulu (41) is charged with manslaughter in the death of Nafetalai Latu (71), who was a patient at the Psychiatric Ward in Vaiola Hospital in 2019.

Pahulu, a former security guard at the ward, is already serving a three-years prison sentence for causing grievous bodily harm to the victim in October 2019. He was imprisoned on 28 August 2020.

However, less than two-months from that sentencing on the charge of grievous bodily harm, the victim died on October 10, 2020. The Crown then sought to charge Pahulu with manslaughter.

Hon. Mr Justice Cooper, after hearing arguments last month, ruled in favour of the Crown.

The defence had objected to the manslaughter charge based on clause 12 of the Constitution that the defendant cannot be charged with the same offence, arising out of the same facts, or commonly known as the double jeopardy rule.

However, Mr Justice Cooper said that there were special circumstances in this case that differed from the first, that being the death of Mr Latu. “It is a fact that did not exist at the time of the first indictment,” he said.

“Taking all these arguments together in the instant case the offence charged in the second indictment had not been committed at the time of the first.”

He therefore ruled that the Crown was not barred from proceeding to charge the prisoner with manslaughter by way of autrefois convict.

Offence

The court was told that the offence occurred on October 18, 2019 when the defendant was working as a security guard and stationed at the hospital's psychiatric ward.

The judge said he was seen to attack Mr Latu, the patient. He kicked Mr Latu and knocked him to the ground. He then went on to pick up his body and threw him to the floor.

“This was all seen by medical staff at the hospital, via a CCTV screen. They ran to the ward and Mr Latu was found lying on his back. The defendant was simply sitting in a chair,” he said.

“Mr Latu was taken for emergency treatment. He sustained severe head injuries that meant, albeit he regained consciousness, he was left unable to speak or to understand what was said to him.

“In addition, he could not feed himself any longer and had to be fed by nasogastric tube and was unable to move. Between that time and when the defendant was sentenced for the original offence his condition did not change,” said the judge.

That matter was reported to police on October 25, 2019 and the defendant was charged with a single count of causing grievous bodily harm.

As a result of this latest ruling, the defendant is expected to be arraigned in the courts on the charge of manslaughter on a later date.