Security guard jailed for manslaughter of psychiatric patient [1]
Saturday, January 15, 2022 - 09:59. Updated on Saturday, January 15, 2022 - 10:02.
By Linny Folau
Mikaele Hoponoa Pahulu (42) was sentenced to 11-years 7-months imprisonment for manslaughter in the gutless attacks on a 71-year-old patient at the Psychiatric Ward in Vaiola Hospital.
Hon. Mr Justice Cooper sentenced him on January 7 for the death of Nafetalai Latu, a male patient in the psychiatric ward.
"This was manslaughter just short of murder, possibly only because that was not charged. Why murder was not charged has never been explained."
The judge said this “was indeed a gutless attack.”
Pahulu repeatedly assaulted the victim. “Aiming at victim's head and using shod feet to kick into his head and face and the flinging of his body to the ground and leaving the victim terribly injured on the floor,” he said.
Security guard
On 18 October 2019 the defendant was working as a security guard at the psychiatric ward.
The judge said nurses Sosefina Tafa and Taniela Talanoa were on duty during that afternoon started their rounds at approximately at 5:30pm.
As nurse Tafa looked at the monitor for the award CCTV she saw a fight on the screen. A person was kicking another man and throwing him to the ground. She recognised the defendant was the attacker.
Nurse Talanoa looked at the monitor when she heard her colleague's cries and she saw the defendant throwing the victim to the ground. Calling for help from security and staff they ran to where this was taking place. When they got there they found the accused sitting in a chair and the victim lying prone on the ground, face up.
They rushed him to the Emergency Ward and he was examined to have a severe head injury as well as some associated minor injuries.
Later, the defendant was as charged with one count of causing grievous bodily harm, which he pleaded guilty to. On August 28, 2020 he was sentenced to three-years' imprisonment, with the final 18-months suspended.
Then on 10 October 2020, the victim died. A doctor reported that the material cause of death arose from the injuries Latu sustained as a result of the defendant's attack on him.
The prosecution then charged Pahulu with manslaughter in relation to the victim's death, he said.
Video
The judge said there is video footage of the attack. It is a single clip and is seemingly a film of the footage being played on a monitor then filmed on a mobile phone. This clip lasts for 32 seconds.
“It is not clear to me whether this was available to the judge when he originally sentenced the defendant as it is not referred to in his sentencing remarks. I have watched it over a dozen times, slowing it down to follow exactly what happened.
“What it shows is that there were three people present. The victim (Mr. Latu) and another figure that must be the defendant, Mr. Pahulu, though the upper part of his body is never in shot. There was also a third person; perhaps male. Again this person's face is never in frame. That person was wearing what looks like black jeans and trainers.
“For the attack itself: what is captured on the footage is first the victim being knocked bodily to the ground. After he landed and raised an arm to apparently protect himself and it was grabbed by the defendant, it is quite clear that the defendant started his attack with throwing his victim to the ground,” said the judge.
“The difference in their sizes is also clear. The defendant with a large frame and stout, wearing what appear to be heavy soled shoes. The victim was thin, elderly and bare footed.
“As I have noted, Mr Pahulu was wearing what looks like heavy shod shoes. That kick lifted Mr. Latu's top half of his body up off the ground from the waist and his body then dropped to the floor.
“After that kick, Mr. Latu appears to no longer be responsive. That did not deter Mr. Pahulu from continuing his attack. He then stepped along side Mr. Latu and with his right foot, drew it up and then backwards into his face. That kick made the whole of Mr. Latu's prostate body convulse.
“Then two further back-kicks, with then his left foot followed by his right, both less powerful, though each connecting with Mr. Latu's head; they were still forceful enough to throw Mr. Latu's body around on the ground.
“Mr. Pahulu then lifted Mr. Latu bodily to waist height and threw him on the ground,” he said.
"It is clear that Mr. Latu was unconscious at that time, as when he was lifted up his left leg hung limp. He was thrown with enough force that his body can be seen to bounce up from the ground on impact. Only the bottom half of his figure can be seen, so the effect on his head from being slammed on the ground cannot be seen."
“From the moment, that he is thrown to the ground the first time to the last, the figure with black jeans and trainers stood close by to the prone figure of Mr. Latu moving in and out of frame.
“That means Mr. Latu was flung to the ground, kicked to the head five times and then flung to the ground a final time before the figure with jeans turned and left followed by Mr. Pahulu who stepped over the inert body of Mr. Latu and left him,” said the judge.
Why not murder?
The defendant argued that there were three separate attacks on him, all in in close succession.“ None were said to have caused him injury and if he is to be believed this further assault made him loose his temper and control and act in the way that he did. Why did he not simply walk away?,” said the judge.
“The second is his application of provocation. He had reacted angrily would be one thing, but to hurl him to the ground and kick him in the head many times before hurling him to the ground again is something completely else,” he said.
"Those final back kicks and the last flinging of his body to the ground are so demonstrably casual acts they were simply sadistic, brutal violence. Along side this I consider Mr. Pahulu's lack injuries. I also bear in mind the balance of power in their relationship, the defendant a guard and a lot younger, bigger and stronger."
The judge also rejected the defendant's explanation, and even if he had, the provocation was so trifling compared to the response.
“...no one needs to be trained not to react like that, it is just barbaric,” he said.
“In addition, Mr. Latu was 71-years old and had only been admitted to the care of the Vaiola hospital's psychiatric ward within the proceeding 24-hours. That must have been a disorientating situation to be in that unfamiliar environment and for someone with mental health needs,” said the judge.
"This manslaughter just short of murder, possibly only because that was not charged. Why murder was not charged has never been explained."
The judge said, he struggled to understand why it was not charged in this case, despite repeated requests of the prosecution, there had been no explanation forthcoming.
He then sentenced the defendant to 11-years and 7-months imprisonment.