Fiji Sun

Man Who Burned Down House of Wife’s Lover Jailed 3 Years

- FONUA TALEI Edited by Caroline Ratucadra Feedback: com.fj fonua.talei@fijisun. FONUA TALEI Edited by Caroline Ratucadra Feedback: fonua.talei@fijisun.com.fj

ATailevu farmer was sentenced to three years imprisonme­nt yesterday after he was convicted for one count of arson.

Akuila Tubuna pleaded guilty to setting fire to a fellow villager’s house after finding out that his wife had an affair with the victim.

What happened

The incident happened last year on Boxing Day when the accused was drunk. He confronted his wife about the affair and when she admitted it, he got angry, poured kerosene in an empty container and went straight to the victim’s house.

The accused knew that the victim would not be home at the time so he entered the house and set it on fire with the kerosene he had taken with him.

When the victim found out about the fire, he arrived at the scene to see his house burnt to the ground. The accused confessed to the crime after he was arrested.

Sentence

While sentencing Tubuna, High Court judge Justice Daniel Goundar said burning down another person’s house was a serious offence and it was the court’s duty to denounce such behaviour.

The mitigating factors of the case included his early guilty plea, his genuine remorse, saving the court’s time and resources and the fact that he is a first offender.

“The commission of the offence was an impulsive reaction to a provocativ­e news that his wife and the victim had an affair in the past. No planning was involved in the commission of the offence,” Justice Goundar said.

An aggravatin­g factor was that the victim lost his home and all his personal belongings in the fire and that the offender was drunk when he committed the offence.

“Fortunatel­y, no one was physically harmed by the offender’s conduct. But the gravity of the offence is measured by the actual conduct of the offender.”

A deduction was also given to reflect the six months that the accused spent in custody.

He has been given a non-parole period of 18 months. His sentence was not suspended because of the seriousnes­s of the case.

The defence lawyer in the murder case against a Rotuman man will argue that he acted in self-defence when he beat up the victim.

Suliana Kafoa, 34, is charged with one count of murder.

He is alleged to have killed a man following a drinking party in the island on December 19, last year. State prosecutor Sadaf Shameem said they had considered the representa­tion made by the defence to reduce the charge, however, the prosecutio­n would continue with the charge of murder.

She said during the drinking party an argument arose after which the victim left.

However, the accused went after the victim and allegedly punched him twice while he was standing up and once when he was on the ground.

She added there was evidence that the accused was drunk when he committed the alleged offence.

Prosecutio­n will call between 10 to 12 witnesses trial.

His lawyer, Lice Manulevu, said they would not be challengin­g the admissibil­ity of her clients caution interview because he was not assaulted, however, they contend that the accused was still in a state of shock when Police interviewe­d him.

Ms Manulevu told Justice Daniel Goundar that the accused was standing with another when he was approached by the victim and another man and out of fear that they would attack him he threw the first punch.

She said the victim was still breathing when her client left the scene and he was sleeping on the ground.

The case has been adjourned to August 24 to fix a trial date.

Defence will file a formal bail applicatio­n once they sort out sureties for the accused.

He has been further remanded in custody. to testify during

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