By Linny Folau

'Akimeta Tu’utafaiva (40) was jailed for causing serious bodily harm in a drunken violent outburst at Kolofo'ou, when he injured his 20-year-old nephew, causing a permanent disability on his left index finger.

Justice Cooper sentenced him on 5 December at the Supreme Court in Nuku’alofa, after he pleaded guilty.

The offending was on the night of 9 August 2022, going into the next day, when the complainant, Robynson Tu'utafaiva with the defendant, and Samuela Tu'utafaiva, Luseane Maka and Talisa and others, were all drinking, after a relative's 70^th birthday celebrations, at Robynson's residence.

The judge said they were drinking spirits and had been doing so for some substantial time when 'Akimeta got into an argument with Talisa and tried to attack her. Samuela Tu'utafaiva tried to intervene leading to him and 'Akimeta fighting. Samuela ended up having be restrained.

“'Akimeta then went into the fale and grabbed a machete, Robynson Tu'utafaiva rushed him to prevent the women standing nearby from getting injured. So 'Akimeta swung the machete and this injured Robynson left hand. Akimeta did not stop there, while the victim crawled outside and then ran with his sisters to hide,” he said.

“Mr 'Akimeta Tu'utafaiva thrashed around the kitchen of the fale, striking the work surface and oven with the machete before heading outside and trying to attack the victim's grandfather, Sione, with the machete. Sione had his back to Akimeta Tu'utafaiva at the time and was completely defenceless. Samuela Tu'utafaiva once again intervened saving Sione from injury.

“There then followed a brawl between the two men that at some point ended and Robynson Tu'utafaiva was taken to hospital. Next, the police arrived.”

Permanent injury

A doctor confirmed Robynson’s injuries included laceration on the dorsal aspect of his left-hand region on the second and third knuckles; and fractures on his left index finger and third finger.

The judge said there had been lasting injury to Robynson, described as the complete elimination of functionality of his left index finger.

“This sustained outburst, armed as he was, that led to permanent injury, involved an attack on property and the attempt to strike a man, with the machete, who had his back to the defendant, has only led to a single count of causing serious bodily harm, in respect of the assault on Robynson Tu'utafaiva and despite the permanent disability received.”

He said the defendant had a history of alcohol abuse and illicit drug dependency that had led to repeated violent outbursts and to his being detained as a psychiatric patient, at Vaiola Hospital from time to time since 2016.

“In addition, he is apparently prescribed medication to attempt to control this behaviour. It is not referred to in any of the material before me whether he was complying with his treatment and taking his medication at the time, or what instructions he had been given in relation to alcohol consumption, his mental health difficulties and his medication,” he said.

The Crown submitted the aggravating factors were that the offence was committed with a deadly weapon and he was intoxicated when he committed it and the accused is the complainant's own nephew. If not for the complainant's brave and swift efforts, the accused's actions would have caused more dire circumstances; the complainant's injury was severe, and has completed eliminated mobility of his right index finger, which has posed challenges to his trade.

“The accused has not apologised to the complainant, which poses doubts as to genuine remorse. The accused also came to stay with them at their residence, for a period after the incident occurred. The complainant interacted with the accused during that period but they never talked about the incident. However, despite that, the complainant forgives the accused for what happened,” said the judge.

The complainant is a student at the Fokololo Technical Institute. He is in his third year of studies to be a metal worker. He could not attend school in the remainder of last year's final academic term, after the incident occurred on 10 August 2022. He resumed his studies this year, but experiences physical difficulties because his trade is physically demanding.

"The injury, he sustained has completely eliminated functionality of his left index finger. He can no longer flex his left index finger towards the palm of his left hand. Sometimes he is angered when he thinks of the incident, because his injury has limited his ability to perform to best at his trade.

“However, the complainant is just thankful that he got to the accused on time when the incident occurred, because if he didn't, the accused would have hurt his mother or sisters, who were at closest proximity to the accused when he grabbed the machete."

Violent outburst

The judge said if it is submitted that an aggravating feature of the offence is the permanent injury caused, then the offence of grievous bodily harm would have been more appropriate.

“Why the full extent of that dangerous and violent outburst, apparently involving attacks on property and an attempt to injure another with the machete was not fully indicted is unclear.

“Given that the sustained nature of the flare-up in violence by Mr. Tu'utafaiva was not the subject of any further charges, it would be wrong to sentence him for the other violent acts he committed that night. Accordingly, I ensure my sentence is limited to the offence he was charged with and no extraneous matters have influenced me.”

Meanwhile, the accused's remorse was demonstrated through his guilty plea.

The judge sentenced him to two-years and five-months' imprisonment, with the last 12-months suspended for two-years, on conditions. The 69-days served since his initial remand on 27 September 2023 also counts towards his sentence.