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Life imprisonment for brothers who bashed man to death [1]

Nuku'alofa, Tonga

Friday, November 18, 2011 - 17:30.  Updated on Friday, May 2, 2014 - 10:25.

Two brothers were sentenced to life imprisonment at the Supreme Court in Nuku'alofa on October 27, after they were found guilty by a jury for the murder of Molisoni Mu'a, who was bashed to death with an iron rod and piece of firewood, in Navutoka on December, 2010.

Toluhama and Tupouniua Malekamu, each charged with murder, appeared for a jury trial from October 24-27 before Justice Robert Shuster.

On October 27 the jury found both accused guilty of murdering Molisoni Mu'a, aged in his 40's, at Navutoka.

On the same day, Justice Shuster sentenced both men to life imprisonment at Hu'atolitoli Prison in Tongatapu, effective immediately.

Drinking

The jury was told that the Tupouniua was the older of the two brothers, aged in their 20's.

On the night of December 17, 2010, at around 11:00 pm, the younger brother Toluhama, attended a fundraising kava session at the Church of Tonga Hall at Navutoka. At 1:00 am Toluhama left and went to an alcohol drinking party at Laionusi Taufahema's house. An argument broke out at the party, and Toluhama assaulted a man named Semi.

The victim, Molisoni Mu'a, who was upset about the assault on Semi, chased Toluhama out of the house. Toluhama left, but came back to apologise to Molisoni, resulting in Molisoni punching him in the face.

Later in the night, Molisoni left the drinking party at 2:00 am, and went to Toluhama's house and again assaulted him.

Toluhama's wife told Tupouniua that Molisoni had assaulted Toluhama. Tupouniua asked his brother whether he was injured, and Toluhama said yes.

Tupouniua then fetched an iron rod and, while Toluhama got a piece of firewood, and they went to Molisoni's house.

The court was told as Molisoni returned from his neighbour's house back to his home Tupouniua hid until he came near, and then struck him on the head with the iron rod and the victim fell face down. Both brothers then repeatedly hit the victim on the head with the iron rod and piece of wood. The victim died at the scene of the crime, when the police arrived.

Dr Siale 'Akau'ola, who examined the deceased, confirmed that the cause of death was severe injuries to the victim's head.

The accused, represented by Sifa Tu'utafaiva, claimed that there was extreme provocation. However, the jury thought otherwise and found them guilty of murder.

The Crown prosecutors were Sione Sisifa and Leotrina Macomber.

From the Courts [2]

Source URL:https://matangitonga.to/2011/11/18/life-imprisonment-brothers-who-bashed-man-death

Links
[1] https://matangitonga.to/2011/11/18/life-imprisonment-brothers-who-bashed-man-death [2] https://matangitonga.to/topic/courts?page=1