A 31-year-old man has been convicted and discharged for the common assault of Jeremiah Malaki Tauiliili on the 1^st December 2018. 

Robert Ash who pleaded guilty to the charge that relates to a separate incident prior to the one that led to the death of Mr. Tauiliili was sentenced on Thursday. 

District Court Judge, Fepuleai Ameperosa Roma convicted and discharged Mr. Ash and ordered him to pay $300tala Court costs. 

In his decision, Judge Fepuleai said the offence from Mr. Ash was out of character and he is genuinely remorseful. 

He added that the offending was not self-provoked. 

“It was a immediate retaliation to the victim’s insulting gesture and remarks directed at you,” said Judge Fepuleai. 

“Although no injuries caused by the slap, in those circumstances I find your offending at the lower end of the scale.”

According to the amended summary of facts, on the night of the incident at the Marina Bar located by Matautu, Mr. Ash and Mr. Tauiliili got into a verbal exchange and disagreement. 

The Court heard that the deceased had sworn at Mr. Ash and a result the defendant slapped him on the cheek. 

Mr. Ash was led outside by a security and left the area on that night.  

Judge Fepuleai also made it clear that Mr. Ash’s sentence focuses on the earlier incident and is not separate to the other “tragic incident involving two persons which resulted to the death of the deceased”. 

The matter he was referring to is pending before the Supreme Court. 

The two persons charged are Herman Westerlund and Supaina Savaiinaea who have pleaded not guilty to manslaughter in relation to the death of Mr. Tauiliili.