Counsels a full written judgment with reasons will be provided at a later date but this is the court’s brief decision in oral.
Defendant Kolani Lam is charged with three main offenses, the charge of murder, the alternative charge of manslaughter, the assault and the attempt to defeat the course of justice.
I’ll deal first with the assault and the attempt to defeat the course of justice before I can deal with the murder charge.
ASSAULT:
The defendant Kolani Lam is charged with assaulting Talei Kelsall the daughter of Justina Sa’u sometime in August and September in 2016.
Assault is the application of force to a person of another intentionally acts without lawful justification.
Evidence says that the alleged assault took place in 2016 while the deceased Justina Sa’u was in New Zealand to give birth to her daughter Julani which she did on the 27th of September that year.
I accept the evidence of Talei Kelsall and Karena Evile that Kolani Lam had with force place his hands on Talei around and between neck area.
Kolani himself in his evidence said he held Talei by the chin and by doing so he had without a doubt commit an assault.
DEFEAT THE COURSE OF JUSTICE:
Kolani Lam you are also charged that at Sinamoga on the 27th of October 2018 you attempted to defeat the course of justice by saying to the witness Meaalii Tualagi to say to the police that you did not see a rope if she was to ask.
The defense says that Meaalii Tualagi should not be believed because she made two completely different statements to the police.
The defense suggest that the second statement by Meaalii to the police where she basically says that Kolani is a violent man who physically abused the deceased was very much influence by the Justina Sau’s family.
The two statements made to the police dated on the 26th of October 2018 and 18th of May 2019 all differ in contents but not inconsistent.
She said her statements were her responses to questions asked by the police officer who interviewed her she also said that it was the police who came and took her for the second interview and not any member of Justina’s family.
I find Meaalii Tualaga to be a credible witness and I accept her evidence that Kolani did say to her to say that she didn’t see a rope when ask by the police.
It could be firm that the intention was to distract the police investigation away from him as a suspect and is therefore an attempt on his part to defeat the course of justice.
Why else would Kolani say those words to Meaalii.
MURDER CHARGE:
Kolani you are charged with the murder of your wife Justina Sa’u in the early hours of Sunday 21st of October 2018 and there is also an alternative charge of manslaughter.
The night before Justina died which is the Saturday 20th of October 2018 the defendant, his wife Justina, his cousin Junior Maiava and family friend Sio Aukusitino were drinking behind the defendant and Justina’s home at Sinamoga.
Around 1am Junior and Sio left and Kolani and Justina sat talking outside finishing their drinks.
When they were talking, they were in conversation and Kolani had ask Justina which to the effect how he looks or “poo le a sau vaai ia a’u”.
Kolani in his evidence said he was referring to physique as he had been working out in order to look good for his wife Justina.
Justina responded that he looks alright but went on further and made the remarks that her ex-husband had a nice body.
Kolani in his evidence said he wasn’t happy and he told her to shut up or “ku’u loa” got up went inside the house to check on his children.
According to Kolani he had only gone in 10 to 15 minutes and when he came out Justina was hanging from the vigeka tree at the back of the house not far from where they had been drinking.
According to the forensic pathologist Dr. Paul Botterill the cause of death was by intermittent neck compression.
He says that while many of the individual injuries found on the deceased may occurred in hanging it was his opinion that the multiple injuries and bruising within the tissues of the deceased’s neck, the damage to her vocal cord, the voice pox and the presence of multiple red spots from the neck up is most likely caused by the application of multiple point of force such as multiple fingertips by way of strangulation.
Dr. Paul finds that none of the bruises in the neck area occurred after death they occurred before death.
Based on Dr. Botterill’s opinion the prosecution case is that the defendant Kolani Lam strangle his wife Justina Sa’u with his hands.
This the prosecution says took place inside their bedroom and the defendant dragged his wife Justina outside and staged the hanging to make it look like she committed suicide.
Prosecution relies on circumstantial evidence to prove its case and find the influence that it was the defendant who strangled his wife.
The prosecution called 26 witnesses; police, forensic pathologist, relatives, baby sitters, work colleagues and close friends.
The defense case is that the deceased Justina Sa’u committed suicide that is she hung herself and therefore died from neck compression by partial hanging.
Defense calls three witnesses Kolani Lam, his ex-partner Aiva Kalati and his sister Fuapepe Lam.
BRIEF FINDINGS OF THE COURT:
The court accepts the forensic pathologist’s findings that the multiple injuries and bruising within the tissues of the deceased neck, the damage to her vocal cord, the presence of multiple red spots on the neck up is most likely caused by the application of multiple point of force such as multiple fingertips by way of strangulation.
Much weighed on the findings of the forensic pathologist Dr. Botterill and from the evidence before the court.
The court was able to draw the inferences to reach the following conclusions beyond reasonable doubt.
The court finds that Justina Sa’u did not commit suicide.
The court finds that there were only two people present at the time of death, they were the defendant Kolani and his deceased wife Justina Sa’u.
On the defendant’s own account he was the last person to see the deceased alive, shortly before he says that he found her hanging from the vigeka tree.
The court finds that the defendant Kolani Lam strangled Justina Sa’u with his hands by intermittent neck compression.
That Justina Sa’u died from intermittent neck compression from strangulation by hands.
The court finds that the defendant Kolani Lam at the time he applied intermittent neck compression to Justina Sa’u intended for her to die.
The defendant was applying intermittent neck compression, it could have end at any time he released compression, stop if he didn’t intend for her to die but he didn’t.
CONCLUSION:
The court is satisfied beyond reasonable doubt to the following charges:
Kolani Lam the court finds you guilty of murdering your wife Justina Sa’u in the early hours of Sunday 21st October 2018.
You are also found guilty for attempting to defeat the cause of Justice in relation to the charge of murder.
You are also found guilty for assaulting Talei Kelsall sometime in August to September 2016.
The court dismisses the alternative charge of manslaughter.
For the charge of murder that you are found guilty of the penalty is life imprisonment and that sentence is automatically applied.
For the offenses of assault and attempt to defeat the cause of justice that you are also found guilty of, sentencing adjourned to the 7th February next year at 12:30pm.