An Auckland man heard yelling "I will kill you!" in Tongan as he zeroed in on a pedestrian and ran him over with his SUV has been sentenced to just over four years' prison.
Clive Vakalahi, 48, was the subject of a multi-day manhunt in April 2021 after the 3.50am hit-and-run on Sandringham Rd left the victim - who was dragged more than 100 metres - hospitalised for several months with a broken pelvis and other injuries.
His family filled the courtroom today for the sentencing hearing as his sister tearfully asked Auckland District Court Judge Kathryn Maxwell for foregiveness.
"First and foremost, our family would like to convey our sincere apology for what happened," the sister with a quivering voice. "It's no excuse, but our upbringing has been hard and Clive has been a father figure to us.
"Please have mercy and don't send my brother to jail."
Prosecutor Jacob Barry, however, described Vakalahi's actions that morning as "extraordinarily callous behavior" that included leaving the victim for dead. He is fortunate enough, Barry said, that the man survived and he wasn't charged with murder.
Vakalahi pleaded guilty last June to causing grievous bodily harm with intent, which carries a maximum possible punishment of 14 years' prison.
During his first court appearance last year, his lawyer said that the father-of-three was very drunk at the time and it was an accident. But court documents released to the Herald state the victim was intentionally targeted after punching another man in a nearby car park minutes earlier.
The victim began running in the road after a group of men started chasing him, according to the summary of facts. As the victim retreated to a nearby playground on foot, Vakalahi appeared in his Nissan Pathfinder, shouting, "Teu ta'matei koe" - "I will kill you" - as he circled around a tree and followed the runner back onto Sandringham Rd.
"The victim tripped up on a barrier and fell onto the ground," the summary of facts state. "While the victim was on the ground, the defendant drove the car directly on top of him
caused the whole vehicle to jump up.
"As the vehicle came back down, the defendant revved the engine, which caused a loud
noise and smoke come out of the exhaust. The defendant then veered back the vehicle with the victim underneath, towards the opposite side of Sandringham Road Extension."
Vakalahi's vehicle then drove to the opposite side of the road, jumping over the kerb and onto the footpath with the victim still underneath his vehicle, court documents state.
"The defendant then stopped the vehicle and put it in reverse and back down from the
footpath," documents state. "At this point, the victim was able to detach himself from the vehicle."
A few minutes later, authorities noted, Vakalahi returned to the car park where the initial dispute occurred and yelled in Tongan, "Get in! I already ran him over. He's dead."
In the days immediately after the Sunday, April 18 incident, police scoured CCTV footage and asked the public for help locating the motorist. The pedestrian was taken to Auckland Hospital with injuries so severe police were initially unable to question him.
In a written victim impact statement cited by the judge, the victim said he has been diagnosed with PTSD as a result of that morning.
"One particular flashback I cannot get out of my head no matter how hard I try," he said, explaining that he still remembers being dragged and thinking he was going to die. "I can see my skin peeling and burning."
He lost his job as a result of his injuries and he feels bad that his wife has had to take on extra duties caring for their young children. Some of his injuries will last the rest of his life, he noted.
"That's something you may be able to relate to, Mr Vakalahi, having a lifelong disability," the judge noted.
Defence lawyer Nalesoni Tupou, a family friend, said his client has been alcohol free since the day of the incident. His client had $5000 cash in his pocket ready to offer as an emotional harm reparation and could pay up to $4000 more in installments if given a sentence that allowed him to keep working, he said.
"He wants me to say unconditionally that he is very apologetic," Tupou said.
The lawyer also noted that his client, who walks with a crutch, was born with a club foot that surgery couldn't correct as a baby.
"It's due to this club foot Clive has had a chip on his shoulder all his life," Tupou said, quoting a psychological report prepared for the hearing that also noted the defendant had trouble controlling his anger, especially when intoxicated.
But nothing in the psychological report seems to mitigate what happened that morning, the judge said.
"In my view, the violence on this particular occasion was extreme," she said. "It was completely unprovoked in my view."
She noted letters of remorse not just from the defendant but from his mother on behalf of his entire family.
"You're extremely fortunate to have such a loving and supportive family," Maxwell said before announcing a prison sentence of four years and one month. "They are not responsible for what you did. You're behaviour is not a reflection on your family."
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