Home | Databases | WorldLII | Search | Feedback Family Violence Court of Samoa

Police v Mulitalo [2020] WSFVC 1 (4 February 2020)

FAMILY VIOLENCE COURT OF SAMOA
Police v Mulitalo [2020] WSFVC 1

IN THE FAMILY VIOLENCE COURT OF SAMOA
HELD AT MULINUU

BETWEEN

POLICE
Prosecution

A N D

POLICE v PA’U TAFAOGALUPE MULITALO male of Samatau and Lalovaea and SALA TUILETUFUGA TAVITA female of Faatoia
Accused

Counsel:

Hearing: 19 & 21 March 2018
Decision: 4 February 2020

DECISION OF JUSTICE ROMA

Background

1. This is a long outstanding matter which I heard in the Family Violence Court. I sincerely apologise to both accused and prosecution for the delay in handing down this decision.
2. The 2 accused were charged together with one Afamasaga Uelese Tasolo. At the close of prosecution’s case and on their application, the charge against him was withdrawn and dismissed leaving the 2 accused to continue defending the charges against them.
3. An application was also made to withdraw information D4647/16 against the second accused. That charge was withdrawn and dismissed.
4. The remaining charges therefore are:
   • (i) D460/16 - Common Assault of Fetu Moeono against the first

accused;

(ii) D459/16 - Common Assault of Alberta Moeono against the

first accused;

(iii) D4646/18 Common Assault of Alberta Moeono against the

second accused;

(iv) D4648/18 Insulting words against the second accused.

5. All charges arise out of an incident that occurred at Lalovaea in the early hours of 16 July 2016.

Evidence for Prosecution

6. Prosecution called 4 witnesses, namely Rosemary Faamoe Ulaula, Ufiata Frederick, Sei Tapusoa and Alberta Moeono. Their evidence is that between the late hours of 15 July 2016 and early hours the next morning, they witnessed a dispute involving Fetu Moeono who was the first accused’s wife at the time, their daughter Alberta Moeono, and both accused. The dispute involved verbal exchanges and allegations of assault.
7. Rosemary Ulaula is an 18 year old unemployed female who lived next door to the first accused’s home. She was up trying to put her young nephew to sleep when she heard a car pull over next door. She heard female voices arguing, one was yelling. She ran over to the first accused’s property and saw the second accused grab Alberta by the collar and scratch her on the chest area. Rosemary pulled Alberta towards her when her brother Tagaloa Mose arrived and pulled back the second accused. Meanwhile, the first accused and Fetu were inside the house.
8. Rosemary further says that as the second accused and Alberta were being separated, the second accused was swearing ‘shit’ and ‘fuck you Alberta’. When separated, the second accused got into the car that she normally drives with the first accused. Alberta tried to open the door as the second accused continued swearing ‘fuck you Berta’. Minutes later, the police arrived and by then, many people had gathered around. The police took the second accused with them and Rosemary was told to go home.
9. Around 2am, she again heard people arguing. She hurried over to the first accused’s property and saw the second accused come out from a blue van. She was calling Fetu to come out of the house; that it was not theirs but Pa’u’s. Shortly after, Fetu and Sei, who had been working at Fetu and the first accused’s shop, came outside. The first accused also came out. He was calling Fetu to come back inside. Fetu on the other hand continued walking out and was heard telling the first accused that what the second accused was doing was not good.
10. The first accused grabbed Fetu’s hand and pulled her back. When Fetu told the first accused to let go, he punched Fetu on the right eye. Alberta then jumped in and pulled the first accused back by the shirt. The first accused turned around and punched Alberta on the chest causing her to hit her back against the wall. Fetu jumped in between them telling the first accused to stop, as he was reaching out to Alberta.
11. Rosemary was able to pull Alberta back and they stood there whilst the first accused continued to argue with Fetu. The first accused grabbed Fetu by the leg causing her to fall over. She got back up and hit the first accused with a chair. By then, Ufiata had managed to hold back the first accused. All this was happening when they were inside the house.
12. The second accused on the other hand was still outside with Afamasaga. When Rosemary, Fetu, Alberta and Ufiata came outside, the second accused jumped inside the vehicle, and took off whilst calling out ‘E le palaai i se fafine Lalovaea.’
13. Under cross examination, Rosemary concedes that she is good friends with Alberta but denies that she stayed with her at Fasitoo and spoke about the trial. She maintains that when her attention was first drawn to the incident, she did not know what had happened prior, but found the second accused topless. She was grabbing Alberta by the shirt and chest. She concedes further that the first accused tried to gather Fetu and Alberta and urged them to go back inside but denies that Alberta then punched the first accused on the eye. She says that Alberta kicked the first accused, but it was after the first accused punched and hit her against the wall.
14. The second prosecution witness was Ufiata Frederick. She works as an Assistant librarian with the SDA School at Lalovaea. She worked late that evening and was dropped off at her sister’s place at Lalovaea opposite Rosemary’s house. She heard a voice telling someone off. She recognized Fetu’s voice and decided to go and find out (‘faitala’). Between the hedges, she was able to see the lights inside the house. Fetu was saying something to the first accused whilst 2 female were outside.
15. She was also able to see one whom she later knew to be Sala (the second accused) got off the car and call out ‘O ai a le ufa lea ga fasia a’u?’ She was reaching out to Alberta who did not seem to mind. The woman then grabbed Fetu’s housegirl Sei and they fought before Mose intervened and led the second accused to the side. The second accused continued to swear ‘lou pukio, lou ufa’.
16. At some point, Ufiata made her way onto the first accused’s property as Mose tried to put the second accused back inside the car. The second accused was reaching out and scratched Alberta on the chest as Alberta tried to kick her back. Police then arrived and took the second accused away.
17. Ufiata was also present during the second incident less than an hour later when the second accused arrived at the first accused’s residence in an MJCA pickup followed by a van. She repeatedly yelled out remarks ‘lou mea e le fia faaipoipoa e Pa’u, lou pukio, lou ufa.’ Fetu was inside the house at the time. The first accused made his way into the house and Ufiata’s evidence is that she saw him push Fetu. She fell and the first accused walked towards her before Ufiata held him back around the stomach. She says that the first accused seemed to calm when he saw it was her. She came outside and was able to see amongst the people who had gathered there Rosemary, Savali, Mose, Eseta and Ulufotu. Not long after, the police DVU’s vehicle arrived and the second accused and female that she came with left.
18. Under cross examination, Ufiata concedes that the second accused was assaulted by Fetu’s housegirl Sei but because the second accused approached and challenged to fight her. She concedes further that Fetu hit the first accused with a cooking pot (ulo) but after the first accused had hit Fetu. Ufiata admits that she has a nephew who stayed with Fetu at Fasitoo because they knew each other well, but was no reason for her to side with Fetu.
19. Prosecution’s third witness Sei Tapusoa works for Fetu. Her evidence was stopped and withdrawn on application by prosecution following a discussion with Counsel in chambers because of the likelihood that her evidence would be self - incriminating.
20. The fourth witness for prosecution was Alberta Consolata Salamasina Auro Moeono Alai’asa. She was 16 years and turning 17. She was the daughter of Fetu and the first accused. She recalls being home alone on the evening of 15 July 2016 having been dropped off by her mother Fetu. Fetu then left for Fasitoo. Late into the evening, her parents had still not arrived. She took a call from her mother who asked if her father had come home. Half an hour later, a car pulled over outside their house. She checked and it was her father who seemed shocked that she was home and not at Fasitoo. She left her father’s office and went back to do her stuff. Later, she heard a car pull over. It was her father who arrived in a van. Her mother had also arrived in her own car.
21. A few minutes later, another car arrived outside before she heard yelling and swearing. She came out to see, it was the second accused. She told her to stop as she was being rude but the second accused grabbed her by the shirt and told her ‘Fai i lou kama paumumuku poo le a le mea e sau sau ai ia a’u.’ She also grabbed her by the collar. Sei tried to pull the second accused off Alberta. The second accused turned to Sei and began to slap her and pull her hair whilst Sei tried to defend herself.
22. Asked what she did then, Alberta says that she tried to separate Sei and the second accused, but the second accused continued to swear at her ‘kefe, komo, ufa’ and repeated ‘lou kama pa’umumuku, poo le a le mea e sau sau ai ia a’u.’ The second accused further slapped and scratched her on the left side of her chest. She kicked the second accused in the stomach before she let go of her.
23. Police arrived and when they left with the second accused, she went back inside to find her parents arguing about her father’s alleged affair with the second accused. Alberta says that as the argument continued, her father grabbed her mother and assaulted her. She tried to stop him but he turned towards her, held her head and slammed it against the wall. He also continued to hit her mother. Alberta threw him a bottle which hit him on his back. The first accused again turned towards her before others intervened to stop him.
24. Not long after, the second accused arrived back outside swearing and calling out ‘O a’u o le sifi o Apia, ou ke le fefe i se isi o le guu lea.’ She does not recall exactly what happened after that.
25. Under cross examination, Alberta says that she does not recall Sei beating up the second accused. She maintains that the second accused repeatedly said to her ‘fai i lou kama poo le a le mea e sau sau ai ia a’u; that her mother did not have a knife and that her mother also fell when she was attacked by her father. She denies that her father only touched her as he tried to gather them and chase them inside the house. She is adamant that he assaulted both her and her mother. She adds that her father does not see her as his daughter and concedes punching him on the eye because he was attacking her mother and she could not pull him away.

Evidence for Defence

26. The first accused elected to call evidence. The second accused elected not to. Other than the first accused, the defence witnesses were Tagaloa Mose, Faalagilagi Ulaula Tyrell and Afamasaga Uelese Tasolo.
27. The first accused’s evidence is that he was in a meeting the evening prior to the incident. They had drinks afterwards before he was driven home by Afamasaga. He found Alberta at home studying in an office that is inside the shop. He asked where Fetu was and she replied that Fetu went with Sei to Fasitoo. He then went to bed.
28. About an hour later, he was awoken by a bang at the door. Fetu walked in and appeared angry. She turned around and threw a bunch of keys that hit him on the shoulder. Moments later, he heard people arguing outside. He came out to find it was Alberta, Fetu and Sei. Fetu had a knife about 10 inches long. She was swearing at someone ‘puki’o, lou aikae, faokage’. It was the second accused and others were trying to cover her upper body as she appeared topless. She was complaining that someone had beaten her up earlier at Magiagi. Police then arrived.
29. Using both arms, the first accused gathered Alberta and Fetu and chased them inside. At the same time, he was telling Fetu to stop swearing and being disrespectful as by then, a lot of people had come onto their property.
30. Not long after, the second accused who had gone with police came back in a van. She was asking for Fetu and demanded to know why she was beaten up earlier. Fetu, Alberta and Sei came back outside. Again the first accused told them that was enough and to go back inside. As he was telling Alberta to ‘get inside’, Alberta punched him on the eye, a second punch landed on his nose causing it to bleed. Shocked, he thought that if he beat her up, his career would be over. He turned around and walked away, but felt something hit his head. Fetu had hit him with a cooking pot. He told Fetu ‘ua ova lou le mafaufau’. On the other hand, Fetu was saying that she would call her family to come over and beat him up. The family never came.
31. The first accused further says that Afamasaga and Tagaloa were present when all of this was happening. He denies that he grabbed Alberta and slammed her against the wall. He says that had he done that, no one would have been able to stop him. He was not used to inflicting violence on anyone and he also had his career in mind.
32. Under cross examination, the first accused says that he had been drinking earlier that evening but was not drunk. He was driven home by Afamasaga. Since the incident, he had become close to the second accused as she became his secretary following her termination from the Minister’s office. He denies that he laid hands on Fetu and that he pushed her inside when she refused to go back inside the house. He further denies having punched Fetu later.
33. The first accused also denies assaulting Alberta, even after Alberta punched him twice causing his nose to bleed. He suggests that Alberta should have suffered injury if that was case but she did not. As to Ufiata’s evidence that she held him back from assaulting Fetu, he says that Ufiata was not there and that her evidence was influenced by Fetu.
34. On his relationship with Alberta, he says that she was born at a time when he and Fetu were not living as husband and wife. Alberta was raised by Fetu and he helped out when he could. Alberta moved to Australia with her mother for 8 years before they came to Samoa. She has not assumed his but her mother’s surname, but that has not made him treat her any differently. The first accused says that Alberta’s evidence will always be influenced by Fetu and given in support of Fetu.
35. Tagaloa Benjamin Mose Ulaula, a teacher at Robert Louis Secondary School was the second defence witness. He is neighbours with the first accused. He is also a brother of Rosemary who gave evidence for the prosecution. His evidence is that on the evening of the incident, he heard loud female voices arguing and swearing from next door. He recognised one to be of Fetu. He went over next door and saw Afamasaga standing between the second accused and Alberta and Sei. Alberta and Sei were beating up the second accused and pulling her hair. The second accused had no top. He pulled her away and led her to the other side as Fetu continued to call her ‘pa’umuku’. According to Tagaloa, as he led the second accused away, Fetu rushed towards them with a small knife.
36. As to the first accused, Tagaloa says that he was trying to calm things down before police arrived the first time. When the second accused and her children came back later, they all had difficulty trying to control them.
37. Tagaloa’s evidence is that the first accused was only trying to stop Fetu from coming outside and getting to the second accused. He did not beat her up. He did not also beat up his daughter Alberta, neither did he see him slam Alberta against the wall. It was Fetu who threw a bottle at the first accused and hit his head with a cooking pot.
38. Under cross examination, Tagaloa confirms that his sister Rosemary and Ufiata, both prosecution witnesses were there when the first incident happened but not during the second incident. He did not see the second accused collar or scratch Alberta on the chest. He only saw Alberta and Sei’s assault of the second accused as Afamasaga was trying to break them up.
39. Faalagilagi Ulaula was the third defence witness. She is Tagaloa and Rosemary’s sister. She knows the first accused from church and the neighbourhood. Her evidence is that her sister Rosemary is a friend of Alberta and that she spends days and weeks at Fasitoo with Fetu and Alberta. Under cross examination, she says that the first accused asked her to give evidence for the defence. She maintains that Rosemary, Ufiata and Alberta always get together at Fasitoo.
40. The last defence witness was Afamasaga Uelese Tasolo. He was initially charged with the 2 accused but the charge was withdrawn after prosecution had commenced calling evidence. He was working for the first accused at the time of the incident and for Sapolu Law at the time of trial.
41. His evidence is that he arrived with the second accused at Lalovaea between 12am and 1am. The second accused had been injured and was wearing a shirt he had lent to her. When they got out of the vehicle, Alberta and Sei ran towards them and started the argument. He tried to get between them but Alberta managed to kick the second accused’s stomach as Sei was pulling her shirt. Fetu also rushed towards them with a white kitchen knife but he managed to slap it off her. By that time, the second accused was on the ground whilst Alberta and Sei continued to pull and drag her. The second accused was also trying to grab a brick as Alberta and Sei uttered insults at her ‘puki’o, komo, kefe, faokage, pa’umuku’. The second accused was also responding ‘kago oe i lou puki’o’. Mose then managed to pull the second accused away from Fetu, Alberta and Sei not long before the police arrived.
42. As to the first accused’s involvement, Afamasaga’s evidence is that all he saw him do was telling Fetu, Alberta and Sei to go back inside, and stopping them from getting to the second accused. He says that despite working for Ms Sapolu and the first accused, he was being truthful as he was the one who drove the first accused home that evening.
43. Under cross examination, Afamasaga maintains that it was Sei and Alberta who pulled and tore the second accused’s shirt as he, Mose and the first accused tried to stop them.

Law

44. To sustain the common assault charges (s123, Crimes Act 2013), prosecution must prove beyond reasonable doubt the following:
    • (i) The accused applied force or attempted to apply force to the person of another directly or indirectly;

(ii) The application of force or attempt to apply force was intentional;

(iii) The accused did so without lawful justification.

45. As to the insulting words charge (s4(g), Police Offences Ordinance 1961), prosecution must prove beyond reasonable doubt the following:

(i) The accused used insulting words;

(ii) The use of such words might have occasioned a breach of the peace.

Discussion

D460/16 - Common Assault of Fetu Moeono against the first accused

(i) The accused applied force or attempted to apply force to Fetu Moeono directly or indirectly

46. Fetu did not give evidence and the evidence by prosecution and defence witnesses is conflicting. Clearly however, the second accused had come to the first accused’s residence on 2 occasions, starting trouble on both.
47. For prosecution, there is Rosemary’s evidence that when the second accused came back the second time and called Fetu to come out, and they did, the first accused called Fetu to come back. When Fetu did not, the first accused grabbed Fetu’s hand and pulled her back. When Fetu told him to leave her, the first accused punched her on the right eye. Alberta then pulled the first accused back but he turned towards her and punched her on the chest causing her to hit her back against the wall. Fetu told him to stop as Rosemary held Alberta back. As the first accused continued to argue with Fetu, he tripped Fetu, she got back up and hit him with a chair.
48. There is also the evidence of Ufiata that during the second incident inside the house, she saw the first accused push Fetu. She fell and the first accused walked towards her before Ufiata hugged him in an attempt to hold him back.
49. There is also the evidence of Alberta that after police had taken the second accused the first time, she came to find her parents arguing inside the house over her father’s alleged affair with the second accused. As the argument continued, the first accused grabbed her mother and punched her. She tried to stop him then the first accused held her head and hit it against the wall. He also continued to hit and punch her mother. Alberta threw a bottle at him and he turned towards her before others intervened to stop him.
50. For the defence, there is the first accused’s denial that he punched or pushed Fetu. His evidence is that Fetu was the one who threw him with a bunch of keys when noise was first heard outside. It was also Fetu that came out with a kitchen knife in her hand when the incident first broke out. All he did was try and stop Fetu, Alberta and Sei from coming out and getting to where the second accused was. He was telling them that was enough and to go back in as many people had gathered around. Even after he was punched and caused a bleeding nose by Alberta and hit by Fetu on the head with a cooking pot, he did not retaliate but turned and walked away because he had his career in mind. He only called out to Fetu, ‘ua ova lou le mafaufau’. His evidence is supported by Afamasaga and Tagaloa.
51. I remind myself that prosecution witnesses are close to and maintain contact with the complainants. The defence witnesses including the first accused are also known to each other and well acquainted. I bear in mind that the witnesses came onto the scene of the incident at different times. I also bear in mind that only a few, according to the evidence were inside the house where the argument between the first accused and Fetu continued. At the time of trial, the incident had also occurred for almost 2 years. But having carefully listened to the evidence and observed the witnesses, I prefer for the most part, the evidence for the prosecution.
52. Clearly there was a confrontation when the second accused turned up at the first accused’s residence demanding to know why she was assaulted in an earlier incident. Fetu, Alberta and Sei had come out of the house, people had gathered around because of the noise they were making and Fetu had earlier confronted the first accused over his alleged affair with the second accused.
53. I accept that at first, the first accused had come outside of the house, told Fetu Alberta and Sei to go back in and tried to gather and chase them back inside. I find credible however the prosecution evidence that as the 3 of them continued towards where the second accused was, the first accused pulled Fetu’s hand and pushed her back inside. I also accept that in the argument and struggle that continued between the first accused and Fetu inside, where Fetu hit him with a cooking pot, he again pushed and hit her. I am not satisfied however that the punching was continuous in the way described in the evidence of Alberta. I am also not satisfied that the first accused punched Fetu on the right eye as is the evidence of Rosemary. Those blows would at the very least, have caused Fetu notable injury but there was no such evidence.
54. I also find it difficult to accept that after the first accused was punched and caused a bleeding nose by Alberta and hit with a cooking pot by Fetu, he just turned and walked away because he thought of his career and because he knew he would not be able to hold himself back if he retaliated. The first accused was intoxicated, he had been thrown a bunch of keys and confronted over an alleged affair with the second accused, the second accused turned up at his residence and started trouble, the neighbours had gathered around and despite his pleas to Fetu, Sei and Alberta to stop and go back inside, they still came out and were able to get to the second accused. There is also evidence that when Fetu came out to the second accused, she had a knife in her hand.
55. In those circumstances, I find it plausible the prosecution evidence that the first accused pulled Fetu by the hand and pushed her inside. I also find that whilst at first he tried to calm things down and stop Fetu, Sei and Alberta, when things got heated and the argument continued inside, especially when Fetu hit him with a cooking pot and Alberta threw him with a bottle and punched him on the nose, he was provoked to retaliate, and he did by pushing and hitting Fetu.
    • (ii) The application of force or attempt to apply force was intentional
56. I am also satisfied that the application of force by the first accused on Fetu was intentional. It was applied firstly when Fetu refused to go back inside but continued to get to the second accused. It was applied the second time when Fetu hit him with a cooking pot.

(iii) The accused did so without lawful justification

57. I am also satisfied that the first accused’s application of force on Fetu was not in his defence. It was in response to Fetu continuing to get to the second accused despite his instructions to stop and get back inside. It was also during the argument inside the house and in retaliation to Fetu hitting him with a cooking pot.
58. I find therefore proven this charge against the first accused.

D459/16 - Common Assault of Alberta Moeono against the first accused

(i) The accused applied force or attempted to apply force to Alberta Moeono directly or indirectly

59. Alberta’s evidence is that as the argument between her parents continued inside the house and when she tried to stop her father from assaulting her mother, he turned towards her and hit her head against the wall. Her evidence is supported by her friend Rosemary who says that when Alberta pulled the first accused away from Fetu, he turned towards Alberta and punched her on the chest causing her to hit her back against the wall.
60. Despite the first accused’s denial, I am satisfied that he applied force on Alberta by pushing her when she tried to pull him away from Fetu. I am not satisfied however that the first accused hit Alberta’s head against the wall as she claims. Again, that would have caused her serious injury but there is no such evidence.
    • (ii) The application of force or attempt to apply force was intentional
61. I am also satisfied that the application of force by the first accused on Alberta was intentional.
    • (iii) The accused did so without lawful justification
62. I am also satisfied that pushing Alberta was not in the first accused’s defence. Rather, it was in retaliation to Alberta punching him on the face, throwing him with a bottle and trying to pull him away from Fetu.

D4646/16 - Common Assault of Alberta Moeono against the second accused

(i) The accused applied force or attempted to apply force to Alberta Moeono directly or indirectly

63. Alberta’s evidence is that when the second accused first came to their residence and was heard yelling and swearing outside, she came out and told her to stop being rude. But the second accused reached out and grabbed her by the collar. The second accused turned to Sei when Sei tried to stop her. Whilst Alberta tried to separate the second accused and Sei, the second accused slapped her and scratched her on the left side of her chest. She kicked the second accused on the stomach.
64. Alberta’s evidence is supported by both Rosemary and Ufiata who say they saw the second accused grab Alberta and scratch her on the left side of her chest. It is also consistent with the evidence of defence witnesses Tagaloa and Afamasaga who say that they tried to separate Sei, Alberta, Fetu and the second accused though they say that Sei and Alberta were beating the second accused up.
65. I am satisfied therefore that the second accused applied force on Alberta when she grabbed her collar and scratched her on the left side of her chest.
    • (ii) The application of force or attempt to apply force was intentional
66. I am also satisfied that the application of force on Alberta was intentional. Alberta had come out of the house with Sei. The second accused knew who Alberta was and directed remarks at her concerning her father.
    • (iii) The accused did so without lawful justification
67. I am also satisfied that when the second accused grabbed Alberta by the collar. It was not in her defence. The second accused had turned up at the first accused’s residence inviting trouble. Alberta came out with others in response to her yelling and swearing. I find that as Alberta approached, the second accused collared her first. Likewise when she scratched her later on the chest, it was not in her defence but in retaliation when Alberta tried to pull her away from Sei.

D4648/16 – Insulting words against the second accused

(i) The accused used insulting words

68. Clearly, the incident broke out when the second accused turned up at the first accused’s residence not once but twice. Whatever happened earlier that evening and prior to the incidents at Lalovaea, the second accused was clearly upset and furious. She demanded to know who was responsible and on both occasions, she hurled insults and abuse at Fetu, Sei and Alberta. Amongst the remarks according to the evidence are ‘shit, fuck you Alberta’, ‘o ai la le ufa lea ga fasia a’u’, ‘lou mea e lē fia faaipoipoa e Pa’u, lou puki’o lou ufa’, ‘fai i lou kamā pa’umumuku poo le a le mea e sau sau ai ia a’u’, ‘kefe, komo, ufa’ and ‘O a’u o le sifi o Apia, ou ke le fefe i se isi o le guu lea’
69. I find however that it was not just the second accused. There was also swearing on the part of Fetu, calling the second accused ‘puki’o lou aikae faokage’ and ‘pa’umuku’ and some of the remarks by the second accused were in response to those from Fetu.
    • (i) The use of such words might have occasioned a breach of the peace.
70. I am also satisfied that the verbal abuse and insults by the second accused did cause and continued during the breach of peace that followed. It drew the attention of the neighbours, some of whom came onto the scene and tried to stop and separate the parties. It also caused police to attend the call not once but twice.

Conclusions

71. For the above reasons, I have reached the following conclusions:
    • (v) On the charge of common assault of Fetu Moeono against the first accused (D460/16), I find the first accused guilty of the charge;
    • (vi) On the charge of common assault of Alberta Moeono against the first accused (D459/16), I find the first accused guilty of the charge;
    • (vii) On the charge of common assault of Alberta Moeono against the second accused (D4646/18), I find the second accused guilty of the charge;
    • (viii) On the charge of using insulting words against the second accused (D4646/18), I find the second accused guilty of the charge.
72. This matter is adjourned to Tuesday 18 February 2020 at 10am for a pre sentence report and sentencing. Both accused are to see the Probation Service regarding the report.
    

Justice Fepulea’i A. Roma