Uncle sentenced to 5 years imprisonment for nephews’ death

By Lagi Keresoma

APIA, SAMOA – 16 JUNE 2022:  Forty two year old Afele Tiatia Laumatai has been sentenced to 5 years and 6 months in prison for the death of his 14 year old nephew.

The incident happened at Gataivai on 01 August 2021 and Afele was charged with manslaughter.

In passing sentence, Supreme Court Justice Leiataua Daryl Clark took in account the aggravating factors which include:

• the assault which resulted in the death of the victim was within the context of a domestic relationship,
• the defendant attacked the victim twice,
• use of firewood as a weapon to assault the victim,
• breach of position of trust as uncle and the
• vulnerability of the victim as he was defenceless.

Victims body in morgue for nine months
At the time of sentencing on 9 June 2022, the victim’s body was still in the morgue as an overseas Pathologist was not available to come to Samoa to perform a post mortem.

“Having suffered the loss of their child and the immense grief that flows from that loss, being unable to lay him to rest draws out the grieving process and exacerbates the pain and loss felt by loved ones left behind,” said Justice Clarke.

The delay with the post mortem process was a great concern for the Court who often raised the matter with the police and the Attorney General’s Office.

“This unsatisfactory state of affairs was also raised in these proceedings with counsel for the Office of the Attorney General and counsel has assured this Court that a Pathologist would be in-country by the end of May and that this state of affairs is now remedied with a long-term solution in place to avoid its continuation,” he said.

The Incident
On Sunday 01 August 2021, the defendant, his mother, his sisters including the victims’ mother were having lunch.

The defendant’s mother scolded the victim for not eating in a proper manner and the victim reacted by throwing down his food, cursed his grandmother, issued some words and walked out.

The defendant heard it and approached the victim and assaulted him beside the sink.

The victim ran off and the defendant who was armed with a piece of firewood pursued and threw the firewood that hit the victim on the head.

The 14 year old cried out and fell to the ground. He died 3 days later.

As mitigating factors, Justice Clarke accepted the defendant’s good character prior to the offence, being a first offender, his genuine and deep remorse, the ifoga and reconciliation with the victim’s mother who is his sister, and his guilty plea.

However, Justice Clarke noted that he had killed his 14 year old nephew to whom he had responsibility of care, protection and love in his role as a family matai and uncle.

“While what the victim said and did was ill-disciplined, your proper response was to counsel, advise and help him. Instead, as is too often the case in our community when it comes to children, the first response is a beating. In your case, after the initial assault, you followed this up by throwing a piece of firewood towards the back of his head. That was extraordinarily dangerous with fatal consequences,” said Justice Clarke.

He then sentenced the defendant to 5 years and 6 months in prison.