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Things-co-nz
Rima Fernando Sikei, 21, was fatally stabbed in December 2018.
A man accused of murdering promising rugby player Rima Fernando Sikei was dismissed on charges against him after a judge ruled that he stabbed him in self-defense.
Last year, Joshua Sio Tongia was declared unfit to stand trial for the murder of Sikei and the attempted murder of Taufa Siu on Mt Roskill, Auckland, in December 2018.
Tongia is mentally disabled and was previously found to have been unable to pursue a trial and prepare a defense of the charges.
Judge Rebecca Edwards previously heard evidence in Auckland High Court to decide whether Tongia caused Sikei’s fatal injuries, based on the balance of probabilities as opposed to criminal evidence beyond a reasonable doubt.
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On Monday, Judge Edwards delivered her sentence in person with members of Sikei’s family and Tongia’s family in attendance.
Chris McKeen / Stuff
Rima Fernando Sikei’s family and friends wore T-shirts in his memory in previous court appearances.
The Superior Court judge began the hearing by expressing her condolences to Sikei’s friends and family and said she hoped the sentence would bring some closure.
Sikei was 21 years old and a promising young man at Eden Rugby Club when he died.
His death shook the Auckland Central club which now has a trophy to its name.
On Monday, Judge Edwards said it was unlikely Tongia could be tried because of his mental disability.
The court heard on December 7, 2018 that a group involving Tongia and a separate group involving Sikei and Siu had been drinking.
Sikei and Siu’s group had been drinking at the Lovelock Community Carpark, before Siu and her brother drove to William Blofield Pl on Mt Roskill and parked in front of a house where Tongia was.
They yelled at Tongia and her brother before heading back to the parking lot, picking up four other men, including Sikei.
Stuff
Rima Sikei died of stab wounds in December 2018.
Upon arrival at William Blofield Place, Tongia’s brother broke the front passenger seat of one of the vehicles.
Five people beat Tongia’s brother, who was punched and kicked in the head in what Edwards said was a “cruel” attack.
Tongia’s sister noticed that Sikei had been stabbed and called the group to stop fighting. It was later discovered that Siu had also been stabbed and the police were called.
The next morning, Tongia showed the police the knife used in the stabbing in her room. She admitted that she had been fighting and said that she was trying to protect her brother.
Judge Edwards concluded that Tongia was responsible for stabbing both Sikei and Siu.
Siu identified him as the stabber and his blood was found on knives recovered by police, as well as on Tongia’s shorts.
“It was a cruel and life-threatening attack,” Judge Edwards said.
The Superior Court judge also found that Sikei had been involved in the fight as DNA was found on Tongia’s brother’s cap.
Siu was hitting Tongia’s brother on the ground and Tongia waved the knife in an attempt to stop the attack, the court heard.
“[Tongia’s brother] he was on the ground and couldn’t defend himself, ”Judge Edwards said.
Tongia was outnumbered and Siu was stabbed four times in the back and head before stopping the attack, Judge Edwards said.
“I found out that he was acting to defend himself and his brother from attack.”
Judge Edwards said that although Tongia was acting in self-defense, she did not tolerate the use of a deadly weapon.
It found that Tongia was not involved in the acts that form the basis of a murder and attempted murder charge, and dismissed the charges against him.
