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Regina v Tailolo [2008] TVHC 8; Criminal Case 03 of 2008 (22 May 2008)

IN THE HIGH COURT OF TUVALU
AT FUNAFUTI
Criminal Jurisdiction

Crim case no. 3/08

Between:

REGINA

V

SIOPEPA TAILOLO
TEPUU KILEI
KOROI SERU
KAUA SOLOMONA
Defendants

BEFORE THE CHIEF JUSTICE

SENTENCE

All involved in a serious offence which had the potential to cause serious harm to the community.

Luckily the good sense of your elders prevented it from escalating and from being seen as a conflict between the Funafuti and Nanumea communities.
Their good sense has saved you from heavier sentences.

Siopepa Tailolo

I accept you were the victim of an unprovoked and unexpected attack in the night club and the fight arose from that. However, you then pursued your opponent clearly intending to extend the conflict.

As a well known footballer, you should be setting a good example but instead you chose, no doubt as a result of alcohol, to behave in a manner which was wrong and led to a serious injury to an innocent man. You put your family and your job in peril by this act.

I sentence you on the basis that the offence with which you are charged included your chasing after your opponent with the intention of continuing the fight.

You have no relevant previous convictions and I give you credit for your plea of guilty.

Three months imprisonment suspended for one year and a fine of $100. one month to pay or two months imprisonment in default.

Kaua Solomona

You are an older man that the others and should have had the maturity to avoid this situation. I am told you are responsible for five children and will soon have another. It is a strange way to show your sense of responsibility by leaving your family and drinking in a night club to the extent that you then do not have the sense to keep out of other peoples’ trouble. I do not know if the injury you received to your eye will affect your ability to work as a seaman. It is another example of the possible consequences of the irresponsible attitude your showed to your family that night.

Part of your punishment, I hope, is the shame you should feel for such childish reaction to this situation when your age should have made you take a responsible and mature attitude.

You have also pleaded guilty. I disregard your previous court appearance and I accept the trespass itself was minimal.

$100 fine, one month to pay or two months imprisonment in default.

Koroi Seru

You too had such a lack of good sense as to run after the others and then, for no good reason, be involved in attacking an innocent person’s home. You are lucky that this did not cause more than minimal damage and you are additionally fortunate that the owner has felt able to intervene on your behalf.

You have pleaded guilty and have no previous convictions.

$100, one month to pay or two months in default

Tepuu Kilei

You also are involved because you followed someone else’ fight but with the consequence in your case that you face a far more serious charge. You say you have decided to stop drinking and I hope you have the sense to do so.

I accept your remorse and the reason why you were so affected by alcohol that night. It is ironic that the loss of your father which so clearly affected you deeply resulted in an act which would have brought deep shame to him had he been alive.

It is incomprehensible that, whilst grieving your father, you would attack a man much older than yourself (and probably of a similar age to you father) in the way you did.

As a result of your action, your mother, who also grieves the loss of her husband, will be left to cope with her bereavement alone. I am sure that realisation will add to the weight of the sentence I must pass.

Your family has stood by you and tried to apologise for you and I also see your efforts to try and apologise yourself to the victim’s family are true and sincere.

I accept that when you threw the stone, you had no intention that it would cause such a serious injury. Had it not hit him in that way, this would have been a relatively minor incident and to some extent I sentence with that in mind.

However, this court has heard too often of stones being used in this way and anyone dong so must realise he will suffer the consequences if anyone is injured.

You have no previous convictions and have a good career available to you. I allow you credit for your plea of guilty but there is no appropriate alternative to a sentence of immediate imprisonment. I do not consider this is a case where it would be appropriate to suspend it.

18 months imprisonment.

Dated: 22nd day of May 2008

Hon. Gordon Ward
CHIEF JUSTICE