Man jailed for killing brother-in-law

By Matai'a Lanuola Tusani T - Ah Tong 23 March 2024, 5:30PM

The Supreme Court has sentenced a man from Savaii to more than two years in jail for throwing a stone at his brother-in-law and causing his death.

Ioelu Mamea of Saasaai Savaii was jailed by Supreme Court Justice, Niava Mata Tuatagaloa this month. 

He was sentenced to two years and seven months on the manslaughter charge after the prosecution called 10 witnesses. He later vacated his not-guilty plea. 

Mamea was represented by lawyer Unasa Iuni Sapolu and the assigned prosecutor was Lucy Sio Ofoia. 

The background of the case dates back to 19 December 2022 when Mamea and his brother-in-law were preparing food in the kitchen.

The defendant, Mamea, the deceased, and other family members were engaged in routine activities, cooking and preparing for an evening meal while consuming alcohol. 

A seemingly minor disagreement over a pot of rice escalated into a heated argument between Mamea and his brother-in-law, the deceased.

Despite attempts by the deceased's mother to intervene, the altercation took a fatal turn when Mamea, fueled by anger and under the influence of alcohol, saw that the deceased had grabbed a rock to throw at him, he threw a rock at the deceased, causing severe chest injuries that ultimately led to his death. 

A post mortem examination was carried out and the pathologist found that the cause of death was due to severe blunt force chest trauma.

The deceased was 29 years old and single. The defendant’s wife is the sister of the deceased.

The court heard compelling evidence from witnesses, including the victim's mother, underscoring the tragic nature of the incident.

During the trial, Mamea admitted to throwing the fatal rock but claimed ignorance of its exact impact. However, the pathologist's findings confirmed the substantial force exerted by Mamea's actions, leading to the victim's demise.

Mamea's counsel highlighted mitigating factors, including his remorse, family's ifoga ritual, and his status as a first-time offender. 

However, the prosecution emphasised aggravating factors such as the loss of human life, the use of a weapon, and the nature of the offense as an act of domestic violence.

Justice Tuatagaloa in her sentence said the use of a rock is perhaps the most common weapon in this country resulting in injury or death. 

"It was obvious that the defendant was under the influence of alcohol and was still angry at the deceased thus the reason he got hold of a rock and threw it at the deceased," she said. 

"Anger fuelled by alcohol is an explosive mixture. It knows no boundaries and we have seen this time and time again with matters coming before the Court involving family members. 

"Alcohol should never be an excuse for one’s criminal behaviour or used as a defence."

Justice Tuatagaloa said she could only imagine what the deceased’s parents were going through, especially the mother who was present throughout the altercation. 

The loss of life is always taken very seriously by the court, she said, and the court in sentencing takes the surrounding circumstances of the offending into account.

The court took five years as a starting point for the sentence and deducted time for ifoga, remorse and Mamea being a first offender.

The defendant was convicted of manslaughter and sentenced to two years and seven months. 

By Matai'a Lanuola Tusani T - Ah Tong 23 March 2024, 5:30PM
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