Sentencing tomorrow for convicted killer
A48-year-old man found guilty of murdering his defacto partner in 2010 will be sentenced at the High Court in Suva tomorrow.
Nikasio Tupou was convicted of one count of murder on November 16, 2018, after he was found guilty by Justice Riyaz Hamza. On February 4, 2010, the accused murdered Esita Kele in their family home in Mali Place, Samabula. They had been in a relationship for about four months when the incident happened. She was pregnant with his child.
During the trial, Tupou took up a defence of provocation on the basis of sexual infidelity on the part of his de-facto partner.
He was 40-years-old at the time of the incident and lived with his mother and de-facto partner. Court documents revealed that Tupou stabbed Kele twice on her stomach using a kitchen knife after which she fled from him.
While chasing after her, he grabbed his cane knife and struck her with it a number of times. The wife collapsed in the compound, a few metres from their house.
After returning from picking up her grandson from school that afternoon, Tupou’s mother found Kele’s body outside their family home.
She entered the house and found Tupou lying on his bed with an electric cord coiled around his neck. The Police arrived at the scene shortly after, arrested and escorted Tupou to the Samabula Police Station. State prosecutor Sujata Lodhia submitted the aggravating feature was that Tupou violated the trust imposed on him by his partner and the manner that he killed her was extremely violent.
She said Tupou had 34 previous convictions, which were beyond the 10-year operational period, however, she requested Justice Hamza not to give him any discount during sentencing for previous good character.
Ms Lodhia stressed that the case arose out of a domestic dispute and the court should consider a minimum term of imprisonment between 18 to 20 years. Tupou’s lawyer Abhay Singh said the previous convictions were 20-years-old and Tupou was entitled to discount on the basis of recent good behaviour.
He said the murder was not premeditated rather it was a spur of the moment incident.
In mitigation Mr Singh submitted that his client has three children. Tupou is currently remanded in custody pending his sentence tomorrow.
Edited by Caroline Ratucadra