Jury favours manslaughter verdict for stabbing death [1]
Monday, February 28, 2005 - 10:30. Updated on Thursday, April 17, 2014 - 15:44.
A jury found Nakita Folau Tu'itavake (40) guilty of manslaughter at the Nuku'alofa Supreme Court on February 24, at the conclusion of his trial for murder for the death of Semisi Ma'u (20).
Ma'u died from stab wounds after a fight on the waterfront near the Billfish Bar on September 5, 2003.
The jury found the accused not guilty for the first count of murder but guilty of a lesser charge of manslaughter.
Chief Justice Robin Webster told the court that he would pass his sentence on March 9.
In the final legal submission made by Laki Niu, counsel for the defendant, on February 24 he told the court that their defence was "self defence".
Laki said that according to Tu'itavake...s testimony he was doing what was needed to defend and protect himself given the situation he was in.
The Crown on the other hand disputed this in their final submission.
Counsel Linda Simiki told the court that the Crown had proven without any dispute from the other party that the deceased, Semisi died on September 5, 2003 from severe injuries caused to him by the defendant.
She said that what Tu'itavake did was unlawful and was not in self-defence because of a testimony of an eyewitness to the incident, 'Ulunga Fa'anunu. The witness had told the court that when the two men were fighting, the deceased was holding nothing in his hand, whereas Tu'.itavake was holding a sparkling object that he proved later to be a sharp knife when he saw the deceased bleeding.
Therefore the Crown submitted that Tu'itavake was not acting in self defence because self defence as said by the law should be in proportion to the force of attack.
Tu'itavake was in no way acting in self-defence because he was fighting with a sharp weapon whereas the deceased had nothing. This was an act of someone, who was furious, said the counsel.
Tu'itavake is currently on bail waiting for his sentencing on March 9.
Earlier story: Jury selected for waterfront murder trial [2]