High Court Judge Justice Salesi Temo today challenged a DPP lawyer to convince him why a man charged with manslaughter should not be given a suspended sentence after hearing the mitigating factors in the case.

The defence counsel highlighted that in October 2008, while the accused, Taniela Naivakavodo, was celebrating a birthday party with his family when the deceased and others started drinking at the gates of his home.

The deceased then started demanding money from the accused and hurled verbal and racial slurs at him in the presence of his children and family members.
The court was told that the deceased than challenged the accused to fight and despite the pleas from Naivakavodo for them to leave they kept demanding money.

Following that they got into a tussle and the accused landed one punch on the deceased which led to his death.

Judge Temo after listening to the defence told DPP lawyer Ana Tuikitei that the mitigating factors weigh in favor of the accused.

He said Naivakavodo pleaded guilty and there were elements of self defence while also stressing that the rules on the streets are that drinking at someone's gates during a special occasion is provoking them.

He said another aspect of the street life rules is that you do not get so drunk that you cannot defend yourself.

Tuikitei in return stressed that the accused could have called the police and not taken the law into his own hands and this message should be clearly outline to members of society by handing down a custodial sentence. Naivakavodo will be sentenced next Friday.