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Julian Heinrich not part of group which killed Tongan student : Counsel

The defense counsel representing Nauru national, Julian Henrich told a High Court in Fiji that his client was not part of the group which killed a 22-year-old Tongan University student in 2014.

Henrich was allegedly involved in a brawl with a group of men at a Suva nightclub and has been charged with manslaughter.

In his closing submission this morning, Sevuloni Valenitabua told the assessors that Henrich was outside Dragon Nightclub in Suva when the other six people were punching and kicking Sione Tufui.

Valenitabua told the assessors to consider one of the defense witnesses’ evidence, who he saw Henrich coming out of the nightclub but when he came out, Tufui was already dead.

He also told the assessors that if Henrich was involved in a fight inside the nightclub on the dance floor and if he threw two to three punches at Tufui, this could not cause Tufui’s death.

Valenitabua said medical report states that Tufui received serious injuries to his head that caused his death.

He said those six people should be charged, who kicked and punched Tufui outside the nightclub.

Meanwhille the cause of death for Tufui was because of a brain haemorrhage.

This was revealed by Dr James Kalougivaki of the Fiji Police Force's Forensic Pathology Unit in the High Court in Suva yesterday.

Dr Kalougivaki gave sworn evidence as the fifth prosecution witness in the trial.

In his examination in chief, Dr Kalougivaki, who performed the post-mortem examination on Tufui, informed the court of his findings.

He said during the post-mortem examination, he noticed the deceased's face was swollen, black and bloodshot eyes and his nose was also swollen with bruises. "The fluid that was extracted from the eyes had blood in it," Dr Kalougivaki said.

The forensic pathologist further stated the lips were swollen, there was a large cut on the lower lip, extensive bruising in the mouth and bruises on the chest.

Dr Kalougivai said as for the internal examination, there was an extensive bruising of the entire skull through the layers of the scalp.

He concluded the cause of death was a result of brain haemorrhage which was caused by a blunt force trauma from the alleged assault and the presence of multiple traumatic injuries.

He said this could have been caused by multiple stomping, kicking and punching

In her closing submission today the prosecution counsel, Juleen Fatiaki said that during cross examination Henrich admitted that he joined the fight outside the nightclub.

Fatiaki told the assessors that prosecution witness, Finau Leone saw Henrich at the CWM Hospital and at the Central Police Station and he identified him and maintained that Henrich was the person who punched and kicked Tufui.

She asked the assessors to consider Leone’s evidence that he was only ten steps far from the place where Tufui was being punched and kicked by some boys and he saw Henrich was one of them.

Justice Salesi Temo will sum up the case tomorrow afternoon.

Source: Fiji Village/ Fiji Times
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