Two men were convicted of murder, after repeatedly beating Fanaafi Misifani on the head with metal pipes, at Holonga on 5 October 2019. A third man was convicted of manslaughter.

Hon. Mr Justice Cooper at the Nuku'alofa Supreme Court found Motuku Ve'evalu Kafalava and Maka Manase Filihia guilty of murder, while Meili Valele was convicted of manslaughter.

At the start of the trial in October, each defendant faced a joint indictment alleging three counts: murder and then in the alternative, manslaughter and grievous bodily harm. They are all aged in their 20s.

Kafalava pleaded guilty to manslaughter. Filihia pleaded guilty to grievous bodily harm.

Valele maintained his pleas of not guilty.

The victim, Fanaafi Misifani, had returned from Australia that day, 5 October 2019, after six months seasonal work. His widow, Kalo Misifani, gave evidence that her husband had five guests to their house that night and they were drinking beer in the kitchen at the back. Their home is close to the cemetery at Holonga.

Kalo was at home that evening with her husband and children. Her husband had arrived back at 4:00pm and they went into town to do some shopping, including buying the beer, and they returned to their home about 9:00pm. They started drinking and had about three cans and they were all in a happy mood.

Both Filihia and Kafalava joined the party uninvited and stirred up trouble by going back repeatedly to the house, after they were told to leave.

She said at one point, Kafalava, who was drunk when he crashed the party, had a disagreement with her husband. Her husband asked Kafalava why he was there and told him to leave. Their guests followed outside and the arguing continued. Kafalava was punched by a guest and was chased twice. She said her husband was trying to protect the uninvited driver of the car from their guests and to get Kafalava back into the car that had come.

The argument continued outside the house and eventually onto the road later on. Other witnesses said, at this stage, various parties were hurt and injured.

After chasing Kafalava away, her husband returned home and called for her to prepare food. She was tending to a sick child and unaware when he left the house again. The next time she saw her husband he was lying on the road, dead.

This was after another brawl that took place late Saturday into early Sunday morning.

Witnesses gave evidence of the brutal beating of the victim on the road, with metal pipes, which continued after he had been struck down.

One witness said that the group the victim was amongst came running as if to hit someone. She saw Kafalava was face to face with the group and he swung and hit. She could not see if the person struck had anything in his hands.

As she saw Kafalava swing and hit, it was clear to her someone was going to die. She called 922 and at the same time she cried out "There's a killing taking place!"

Kafalava's blow she saw connect with the victim on the left side of his jaw/neck, his head spun to the side. Kafalava then said, "This ends today". She said it was clear the victim had passed away.

Medical evidence showed there had been inflicted an open skull fracture; separated and open. Brain matter was visible. Numerous teeth had been loosened and skull depression fracture that would have needed significant force to have caused it, very likely with a metal pipe. The injuries on the other side of the head, the medical examiner believed were caused by multiple strikes and a different weapon had been used. The severe trauma on the left probably caused death, while the depression fracture on the right would not necessarily have caused death. 


Defence of provocation rejected

The judge found that in the case of Kafalava there could be no defence of provocation. “He was intent that night in causing a violent disturbance by his pugnacious conduct from the start.

“Even on his own word in interview he challenged Fanaafi Misifani to a fight, he being that set upon violence.

“Further, I accept the evidence of Mrs Misifani that he refused to get into Maka's [Filihia's] car as they were being asked to leave for what was the third time and his staying on foot at that moment, I infer was so as to be more able to engage in the violence that he was encouraging the guests at Fanaafi's to, firstly by his conduct; drunkenly attending their party repeatedly against their wishes and trying to take their drinks and then resisting leaving each time they bade him to.

“He was set upon confrontation and brought it out in this group of private people who wanted to drink and enjoy their company undisturbed and on their own private land,” said the judge.

Valu Kafalava

In his verdict, Mr Justice Cooper said that he had absolutely no doubt, when considering these strands of evidence and the medical findings, that it was Kafalava, who repeatedly beat the victim to the head with a metal pipe causing severe head trauma and contributed to his death.

"He did so with every intention of killing him or, at the very least, was reckless whether death ensued or not. Therefore on analysing all the evidence I am of the clearest view that he is guilty of the murder of Mr Fanaafi Misifani and I find him guilty of count 1."

Maka Filihia

As for Filihia, the judge said again, analysing what he said he said during his police interview, it is plain that he also attacked Mr Misifane with a metal pole.

“Taking all this together and adding the medical evidence; there can be no doubt that the single strike of Mr Filihia towards Mr Fanaafi struck him on the right side of his head, above his temple and caused the depression fracture,” he said.

"I find that Mr Filihia clearly intended the death of Mr Misifani or, at the very least, was reckless whether death ensued or not, and conclude this by virtue of the weapon he used, its size and weight, where he aimed on his victim's body and struck his victim and that his victim was on the ground both defenceless and unmoving at that moment."

Both Filihia and Kafalava had joined the party at Fanaafi's uninvited and were stirring up trouble by going back repeatedly.

Filihia was found guilty of murder.

Meili Valele

The judge said to understand Valele's involvement he turned first to the evidence Finau Filimoe'atu, an independent witness. He accepted her evidence.

She saw Meili Valele run from where the attack on Fanaafi was taking place, arm himself with a branch and run back to where Mr Misafani would have already been lying incapacitated.

“Having considered all the competing evidence I conclude, so that I am sure, that Meili ran and struck the helpless Fanaafi to his head at a time when he was defenceless and his head pouring blood from open wounds. The strike was of such a force to stain the branch, but also to mark it with splatters of blood.

“I note that Valele’s involvement, as I have found it to be, came at the time of the bludgeoning of Fanaafi by his co-defendants with metal pipes to his head. When he joined the attack there could have been no defence of another, as the victim was on the ground incapacitated,” he said. It took place as his mother screamed out that she feared the victim was being killed.

"On the evidence before me, I am satisfied that he contributed a single strike with the tanetane branch."

“Given his later involvement, that he was not with his co-defendants goading the guests and Fanaafi at his home and not part of the group challenging them to a fight; given that his weapon was a stick that would very unlikely ever cause a serious injury nor could it kill, as the pipes surely can and did; and even though he struck where and when he did and as his very own mother shouted that warning; on careful analysis I find that I only think it probable his intention may have been to kill,” he said.

“Given all I have found about the actions of Mr Meili Valele on that night, I conclude he is to be found not guilty of murder but guilty of manslaughter.”

Custody

The defendants were remanded in police custody to be sentenced on 17 December 2021.

Mr Justice Cooper concluded his verdict by urging the police and emergency services to work together to make vital evidence available to the courts in future.

 “I would like it noted in this case, as with many other criminal cases, the ability to present to a court the audio recording of a witness who telephoned the emergency services and was recounting what was happening at the scene, as Mrs Mele Valele did in this case, would be of vital importance; and the police and emergency services should work together to make such vital evidence available to courts in the future,” he said.

Counsel for the prosecution was Mr Finau, while Mr Fili represented the defendants.