A 31-year-old man, Robert Ash, who pleaded guilty to common assault in relation to a separate incident prior to the one that allegedly led to the death of Malaki Tauili’ili last year, has been convicted and discharged by the District Court.

Ash’s sentence was handed down by District Court Judge, Fepulea’i Ameperosa Roma, on Thursday. 

He also ordered him to pay $300 tala Court costs.

In his decision, Judge Fepulea’i said the offending by Ash was out of character and he was genuinely remorseful.

He added that there was an element of provocation to the offending.

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

“Although no injuries were 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 at Matautu, Ash and Mr. Tauiliili got into a verbal exchange.

The Court heard that the Mr. Tauiliili had sworn at Ash and as a result, Ash slapped him on the cheek.

Judge Fepulea'i also made it clear that Mr. Ash’s sentence focuses on an earlier incident, separate from another incident where two other men have been charged.