TEVITA Kelepi of Nukunuku, a sufferer of mental retardation, pleaded guilty this morning to manslaughter over the death of his 18-year-old brother whom he hit with an axe on the head in 2004.

The accused who is in his late 20's appeared at the Supreme Court in Nuku'alofa this morning for his trial to be arraigned on murder but Justice Shuster moved to indict him on the alternative charge of manslaughter. He said he would leave the murder indictment in the file and Crown could appeal, if they wished, to the Court of Appeal.

The accused represented by counsel Vuna Fa'otusia then changed his plea to a guilty plea for manslaughter.

Justice Shuster ordered that Kelepi be remanded in custody at the psychiatric ward at Vaiola Hospital until he is sentenced on September 29.

Drunk

Crown Prosecutor Joan Puloka in the prosecution's case said that on night of July 9, 2004 the accused was intoxicated after drinking a bottle of rum with a friend.

She said Kaliopasi the deceased who was the younger brother of the accused was also intoxicated on the same night.

The two men both lived together at Nukunuku and on this night the victim went home after his drinking and ate all the food that was left in the house.

The accused came later and was very disappointed to find there was no food left for him. So he walked outside and grabbed an axe. He approached his brother from behind and hit him on the back of his head with the axe.

The victim was rushed to Vaiola hospital where he was confirmed dead.

Dr Siale 'Aka'ola who examined the deceased said the cause of death was clear that it was caused by being hit at the back of the neck and head with a hard, blunt object most likely of a rectangular shape.

The Crown Prosecutor added that according to Dr Mapa Puloka who is charge of the Psychiatric ward the accused suffers from mild mental retardation.

The accused has been remanded in hospital since 2005.