A Lautoka man charged with murder over the 2022 death of Joseph Wilfred Johnson has been acquitted of that charge but convicted of the lesser offence of manslaughter by the High Court in Lautoka.
In a judgment delivered on March 23, Justice Sunil Sharma found that Alivereti Lesukiyasawa unlawfully assaulted Mr Johnson on Evans Street, Lautoka, on the night of February 19, 2022, causing injuries that led to his death.
The court heard that Lesukiyasawa repeatedly punched the victim, who was described as elderly and helpless, and later dragged him while he lay motionless on a driveway. Witnesses told the court the accused was aggressive, violent and heavily intoxicated during the incident.
A post-mortem examination found Mr Johnson died from severe intracranial haemorrhage caused by traumatic head injuries. The pathologist told the court the victim had sustained multiple facial and head injuries, with no defensive wounds, indicating he had not been able to protect himself.
Justice Sharma said the prosecution had proved beyond reasonable doubt that Lesukiyasawa’s conduct caused the death and that he was reckless as to causing serious harm.
However, the court was not satisfied beyond reasonable doubt that he was reckless as to causing death, which was necessary for a murder conviction.
The judge placed significant weight on evidence that the accused was extremely drunk at the time, including testimony from witnesses who described him as “so drunk” and smelling strongly of liquor.
The court said his intoxication impaired his judgment to the extent that it could not be established that he recognised death was a probable consequence of his actions.
Justice Sharma rejected parts of the accused’s account, including his claim that the deceased punched him first, but accepted that intoxication was relevant in assessing the murder charge.
He ruled that while intoxication could be considered for murder, it could not be relied on to avoid liability for manslaughter.
Lesukiyasawa was accordingly acquitted of murder and convicted of manslaughter and will sentenced soon.
