Two men who dropped a 7kg brick on the head of an unconscious stranger and kicked him repeatedly in the head have been sentenced to jail for manslaughter.
Today in the High Court at Auckland, Simon Tavita was sentenced to 4 years and 4 months imprisonment for the manslaughter of Nigel Fuatimu, and his accomplice Issac Ramese-Stanley was sentenced to 3 years and 1 month.
Kitiona Stanley, who was also present when the attack took place, was sentenced to two years of intensive supervision after he was found guilty of assault with intent to injure.
Justice Paul Davison said the offending was an unprovoked, violent, and sustained attack.
"It was an inherently violent, cowardly, and dangerous thing to do. This was clearly a very violent attack."
In September, after a month-long trial, the jury acquitted Issac Ramese-Stanley and Simon Tavita of murdering Fuatimu but instead found them guilty of manslaughter.
The 21-year-old victim had been playing loud Samoan music and singing with three friends at the park around 11 pm on October 3, 2020, when they were attacked by the defendants without warning.
Ramese-Stanley and Tavita told the group of strangers to turn down their music, then immediately threw a bottle at them. Fuatimu's friends scattered and retreated, but he didn't.
A wrestle broke out before Ramese-Stanley caused Fuatimu to become unconscious.
The two co-defendants then chased others before returning to the park moments later with a 7kg concrete block, which Tavita dropped on Fuatimu's head and neck area.
Prosecutors described the act as one of "pure hatred". Both men denied the block was ever used as a weapon.
Today at the sentencing, Kitiona Stanley's lawyer Panama Le'au'anae said the incident was spontaneous and over within a matter of minutes.
"He panicked and wasn't thinking straight so he fled the scene.
"He took responsibility and has expressed his remorse. A sentence of imprisonment would be unethical."
Ramese-Stanley's lawyer Andrew Speed called it an unnecessary and avoidable loss.
"It is a tragedy, there is no doubt about that."
Justice Davison said he was satisfied that both Tavita and Remese-Stanley delivered the kicks to Fuatimu's head and neck as he lay on the ground unconscious.
"It is clear you both deliberately targeted his neck and head area."
Davison said he didn't accept Remese-Stanley's claim that he took some action to assist by placing him on his side because he thought he was sleeping and snoring.
"You failed to take any steps to seek medical assistance. I do not accept you took any steps in regards to his welfare."
Both men involved in the manslaughter were given discounts for the time already spent in custody and on electronically monitored bail.
The courtroom was packed with family members including several small children.
As Justice Davison read out the sentences, members of the public broke down in tears.
Family members waved goodbye to the two men as they left to serve their sentence.
-Ellen Thompson, Open Justice
Take your Radio, Podcasts and Music with you
