Judge acquits man accused of chainsaw attack on uncle

A Cakaudrove man accused of striking his uncle in the face with a chainsaw has been acquitted by the High Court in Labasa after the judge found the prosecution had failed to prove its case beyond reasonable doubt.

Samuela Tuinaka, who was charged with one count of act with intent to cause grievous harm, appeared before Justice Lee James Burney.

State counsel Epeli Kotoilakeba informed the court that the complainant, Petaia Lutu, had died in circumstances unrelated to the alleged offending.

The State alleged that on April 16, 2024, at Vusasivo Village, Cakaudrove, Tuinaka unlawfully wounded Mr Lutu by striking him in the face with a chainsaw.

The court heard that Mr Lutu and his 12-year-old grandson, Osea, were on their way to a piggery when they heard the accused operating a chainsaw.

The complainant went to confront the accused, and during the ensuing argument, the State alleged that Tuinaka swung the chainsaw at him.

Mr Lutu sustained a six-centimetre longitudinal jagged wound to his right cheek.

Justice Burney said it was the prosecution's case that the accused intended to cause the complainant serious harm when he struck him with the chainsaw.

Tuinaka, represented by Vandhna Kirti and Tavenisa Masivaulu of the Legal Aid Commission, testified that he had been cutting down trees on his mother's land to clear space for crops.

He told the court that his uncle approached him from behind and questioned whose land it was.

He said his uncle became angry when he replied that no one had planted the trees.

According to the accused, his uncle then tried to strike the chainsaw with an axe.

He said he used the chainsaw to block the axe, and that the third strike caused the chainsaw to stop.

The accused said he jumped backwards to avoid a fourth strike and fell to the ground.

"As he fell, he threw the chainsaw towards the complainant and the complainant also fell down."

Justice Burney said a "largely uncontested picture" had emerged of the events of April 16, 2024, and that he had no reason to doubt the accused's evidence about the complainant's "angry and aggressive demeanour" that morning.

He said the accused's evidence about being attacked by the complainant and how the complainant may have been injured in the process was plausible.

Justice Burney found that the prosecution evidence "falls well short" of proving that the defence case was untrue.

Tuinaka was acquitted.