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FrontPage arrow The News arrow Law arrow Deadly Catch For Fisherman
Deadly Catch For Fisherman PDF Print E-mail
Written by Melani Pini   
Saturday, 18 October 2008

Unlucky Fisherman

A 38-year-old line and bait fisherman caught more than fish in the early morning of 5 April 2008, when he ended up stabbing a drunk 21 year old male of Vaimoso at Fugalei.
Lafaele Fiva was found guilty this week of manslaughter after assessors of the Supreme Court ruled against a self-defence plea by the defence counsel.
The father of four from Tiavea, Aleipata and Vaimoso uta will appear in court next week on October 23 for sentencing.
Evidence in court showed that the deceased, 21-year-old Felise Luka was with Visesio Lemate, also of Vaimoso , when the stabbing incident occurred, about 5.00am on Saturday morning on 5 April 2008.
The court was told that the pair had been drinking at a family poker game and were sent to buy cigarettes, when the incident occurred.
Evidently they stopped the defendant, Lafaele Fiva, on the road at Fugalei, in front of the Asco Motors vehicle storage compound.
Lafaele Fiva was reportedly making his way home after fishing all night, when he was confronted by the pair and initially asked if he had any marijuana in a bag he was carrying.
He replied no and went on to add that he was fishing and that he had fish inside the bag.
The defendant ended up giving two fish away to the deceased’s friend who then walked away.
The deceased “who smelled of alcohol’ would then proceed to pick a fight with the defendant who tried to retreat and defend against punches that were being thrown at him.
The alleged assault reached the point when the defendant reached into his bag and drew out a small knife he used to cut his baits, and started warning off his attacker that he has a knife.
“ I warned him three times and still the punches came, so I stabbed him,” the defendant told the court.
“He fell and I reached out and picked my bag off the ground and ran home.”
A couple of people, who were on their way home after the poker game, stumbled onto the body of the deceased while lying on the road.
The autopsy report put the cause of death to internal hemorrhaging from a puncture in the lungs that came from the stabbing wound that penetrated from behind the back on the left side.
Counsel for the defence argued that the actions of the defendant was in self-defence, and that the autopsy report proved that the attack was one sided because the only wound suffered by the deceased was the knife stab.
Counsel also argued that it was the deceased who started it and that the defendant openly admitted that he stabbed the victim with his fishing knife.
Counsel for the prosecution rejected the defence argument of self-defence because the action taken to defend against the attacks was illegal .
The prosecution was successful in convincing the assessors that the use of the knife as a weapon of defence in this situation was illegal.





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Comments (23)Add Comment
...
written by Brenda McBride, October 18, 2008
Very sad story...But A well written article Melani ! smilies/kiss.gif
Life and death
written by Is that right, October 19, 2008
In a beautiful and well kept secret we see things like these

A man just trying to find a way for him and his family to live in the age of technology and expensive lifestyle is put to fight the system that is to protect him and a Kid of 21 years of age just look for trouble

In reading the set report i believe that the verdict at which this man is put to face is not right, does one human understand the ways of nature of course not there are things that science can show but not all can science see why has many of of the hard question of life haven't been answer well it is the fact that science does not have all the answer,the same way this case is set just some autopsy showed that he was guilty and yes he may have done it but do you all have a deep understanding of the human body and the way it works, certainly no there is a side of us that was created for our survival.

For we can not go back in time at moment of the act but say if we where cells of the Brain we can tell the truth of what made this man force him self to protect his life. He was fighting for his life mentally and as a result of his instincts misunderstood his action.

All readers my question to you is this

"What would you do if you were in the same state as this hardworking man and under bombs of thoughts of his life been threaten "

Somethings he could have thought about
*MY FAMILY WHO WOULD PROVIDE FOR THEM
*MY LIFE IS THREATEN BY A DRUNK AND LOST CHILD IS HE GOING TO BEAT ME TO DEATH LIKE MANY STORIES THAT HAVE BEEN ON THE EVENING NEWS
* I AM TAKING HITS HOW LONG WILL IT LAST ,MAYBE TILL I DIE I DONT KNOW
* I MUST PROTECT MY SELF ANY WAY POSSIBLE ITS HIS OR MINE THAT IS AT POINT
*GOD PLEASE FOR GIVE ME

when you have to make a choices of life or death you only have a few seconds to process it and Run it

These are just some thoughts that are common in humans in situations like these and many more i can say

There are things we humans will never understand until we ask the father of heaven and earth those of whom have not seen the love and wisdom of the father please now is the time for seeking for there is still time

To me You Are A freeman no one can give you a fair trial but the father of heaven and earth my prays go to you from a far away lands but by the love of Christ we are one believe that you are saved by the named blood that sets us free "Jesus" for they can take everything but not that who is with in us my son i will be with you always.till the end of the earth may you not loss faith in thy Father who rules the seen and the unseen.

God bless Samoa and ever one at Newsline Samoa and Samoa live
Thankyou
...
written by loi, October 19, 2008
C'mon now, guilty? There has to be more to the case than this. Witnesses/besides the other suspect? Sounds like the Fisherman had the right to live more than the others if it comes down to who lives and who dies. Self-defense? I would say, definitely! Two suspects turn (1) victim all of a sudden, forced one man to give up his goods, received what they're looking for but refused to quit. A confrontation occurrred and a robber is killed and the Fisherman goes to prison. Well, if there is such thing as an appeal in Samoa, I hope the Fisherman will appeal the decision.
Is anyone supposed to just give up their (Rights) to any Scum on the street?
The victime got what he deserved.
written by Crispy, October 19, 2008
I'm tired of Samoans being drunk idiots.
POOR CHOICE OF WORDS & IF I WERE A LAWYER......
written by jEMIN, October 19, 2008
Melani could have used better choice of words for the topic of her article about the fisherman. The title makes it sounds like the killing of a human being is as easy as killing or catching a fish.

From the information in the article, it sounds to me that the fisherman was provoked and coerced to defend himself in the etire situation. How did Vesesio Lemate get ahold of the two fishes before his friend was stabbed? Did Lemate and the deceased picked a fight with the fisherman from the beginning? Lafaele probably gave Vesesio the fishes to avoid any further altercation with them. I know if Lafaele was alone, he would have never started a fight with two people - Lemate and Felise. It just makes no sense for the fisherman to start a fight in the odd hours of the morning when nobody else is around with two people.

This case seems to defeat the right of anyone from utilizing self defense legally and when it is necessary. When self defense is legally used as in this situation, it should not matter if the outcome of the self defense act results in the loss of a life or lives. If I were a lawyer, I would have volunteered to take this case again for free and get the fisherman the justice he deserves.

Respectfully,
Jemina A.
Where on earth did the other guy go?
written by Victoria Black, October 19, 2008
"Is that right".... I totally agree with you, had the accused been killed then WHAT?

Nobody has the right to take a life but when yours is threatened and you have a family to provide for then we do what we can do to survive........

I hope the accused does appeal and wins and has his conviction overturned.....

You will be in my prayers Lafaele Fiva, may god bless your family and keep them strong during this time
Defend Yourself or Lose Yourself!
written by Robert, October 20, 2008
This is why I cringe when I read stories such as this one, when the victim is then turned “villain” because it is up to the victim to become liberal and open minded to psycho analyze the behavior of the suspects who is perpetrating the assault and committing the crime.

I suppose the court or the “people of Samoa” that is represented by the court vs. Lafaele Fiva, would want its entire free living people who live in Samoa to ask questions to them like: What was it that I did or may have done wrong to receive the treatment I face with my villains?

I have to understand that maybe they come from a trouble upbringing and environment?
If I just try to reason with them and show that I am a peaceful person they will leave me alone?

I have to understand that these men are not in their right mind because they are drunk and alcohol is the cause of their actions?

Don’t defend or fight back because if you just lay there and get your brains beat out of your skull! They will come to their senses and miraculously leave you alone and move on? That’s if you’re not already dead by then!?!?

The lists goes on and on about how the normal Samoan citizen is suppose to think, act and respond to those that wish to do harm against them and their lives that they live honestly through hard work and sacrifice.

Maybe Samoa’s Parliament will seek approval from the “United Nations” to have an acceptable list of questions all Samoan Citizen must learn, on how to act, behave and reason with their suspects? Yeah right! I’m being so sarcastic and disgusted by the “guilty verdict” in court on how this man defended himself from thugs. Pathetic!!!

Maybe he should have run? Or better yet… Lafaele Fiva should have given the drunken bastards his hard earned catch of fish and the knife, to promote their behavior as normal and acceptable in their disturbing and pathetic lives! Then run and hope he is not killed with his own knife he appeased his enemies with?

Watch out people! We may find ourselves having to invest in mace, stun guns and tasers for our family members in Samoa because Parliament makes it “Law” for citizens to have them as a self-defense mechanism. I guess your muli is out of luck if the other end of your mace, stun gun and taser is a revolver or semi-automatic gloc staring you in the face?

Run! Run! Run! Run! Run! “Peace activist’s solution to confrontation that has invaded your way of life.”

But Lafaele Fiva may have gotten a pass had he carried poisonous snakes, scorpions or any venomous creatures in a different sack that he used as a last resort? Because using a man-made object as a weapon of lethal force was always Lafaele Fiva’s intent while walking home from a long night of fishing, early one morning, to kill someone?

Mr. Lafaele Fiva should walk free and be free to live his life the way he was normally living it in Samoa. Normally, peacefully and honestly as a citizen going about his own business day to day disturbing no one or imposing on someone else way of life.

Geesh! If a citizen cannot defend his/herself even after warning their suspect(s) or villain of using a deadly weapon he/she posses, how do you survive as a normal law abiding citizen?
I guess it’s Run! Run! Run! Your ass off and save yourself! Because what do you care that it wasn’t you? Because the next victim is fair!?!

God Bless this man who stopped these drunken thugs from carrying on with their behavior and possibly killing an innocent victim somewhere further down the road or on another day.

But the message is clear folks. Run and save your asses! Because the next victim is fair game for the villains and criminals acts and behavior as long as it’s not you?
Kill or be killed!
written by sau, October 20, 2008
It's pathetic to hear such story about this poor man who was trying to provie for his family. He was attacked and now he will be doing time because he defended himself. I don't know about you but if my was in danger or threaten by thugs like these two drunks, i will do whatever it's necessary to defend myself, and if that mean use deadly weapon, so be it. Kill or be killed! And to make matter worse, the court system doesn't see it that way. I'm not trying to talk negative about the Samoa Supreme Court System, but obviously justice was not serve for Lafaele and his family. What would the court decision if Lafaele did not use the knife but he kicked the shit out of this thug and fell on the ground and hit his head on the curve? Would he still be charged with manslaughter? I feel for this man and his family, and i hope that he will appeal his case and hopefully drop the charges. Good luck Lafaele and don't give up home. You family needs you!
huh??
written by Malia, October 20, 2008
smilies/grin.gif.. i thought this was about a fish..lol..i agree with jeMIN..i thought the fisher man caught a very wierd and never in a lifetime seen before fish and lo and behold it was a man being stabbed by the fisherman. i checked out the article because it was a "DEADLY CATCH"...here are some topics that i think would have been right for your article: LIFE OR DEATH FOR FISHERMAN?. WAS IT SELF DEFENSE FOR THE FISHERMAN?, FISHERMAN: CAUGHT IN A LIFE AND DEATH SITUATION. or maybe your own topics. but you make it sound like your on one side which is the dead mans side.in every problem two sides are always involved.

maybe the man was in self defense but he shouldnt have stabbed the man. he should have just taken the punches and left immeadiately. whats up with people drinking too.im sick and tired hearing drunk people assaulting other people and then they turn up dead too. its the stupidity behind their own drinking thats causing problems to innocent people and to themselves too.
i love the article but you just picked poor choicce of words. good job in reporting a very sad story. everything would have been fine for the fisherrman if he had chosen the right choice. i feel sorry for the drunk person too if he was alive it would have made things better for the prosecution and maybe a big smack in the forehead for being stupid.
have a nice day.
manuia le aso.
So I stabbed Him Honey!
written by defend, October 20, 2008
There I was, walking home minding my own business, and this guy tried to take my fish.
I had a knife and afraid for my life and stabbed him honey. So that I can get home to you and the kids

Amen-- I am so glad you're home dear.
Go Melani :)
written by Brenda and Kylee, October 20, 2008
We think Melani presented this article from a perfect standpoint, and used a great title.
If you think you could've done better, then apply for a job as a reporter.

I don't know how many of you would really just stand there, let someone hit you over and over, then just turn and walk away...It is every man's right to defend himself.

Fa'afetai tele lava.

AFA KASI.
It has always been like this
written by CSI, October 20, 2008
This has always been the case of self defense in Samoa, where an innocent defender somehow killed his/her attacker in the course of just defending.... I dont agree with it, on the contrary, I will expect to see more cases of murder/ manslaughter turning into self defense cases..... This is just like somebody geting killed in crossing the road without looking out for incoming vehicles and the POOR driver couldnt avoid it.... and so the driver ends up the wrong side of the law...jailed, humiliated,,, and told the same old advices: he shouldnt have been speeding ( he maybe not) and to be more cautious and courteous on the road... the moral of the story is..... somebody else stupidity can cause misfortune to others.
defending yourself.
written by flora, October 21, 2008
always the alcohol,,,, seems like all the problems happening is because of that vailima. when ever these guys have a one bottle of vailima, amata loa ona fa'alala le lima fa'apea o ia e malosi. that alcohol just keep you from thinking straight, no care in the world about anything or anybody. this guy was at sea all night just to fish to provide food on the table for his family, i'm sure he must be tires and just want to get home to share the blessings with wife and kids and then here came along two drunks and start messing with him. i'm sorry that it ended up this way, i'm sorry for the parents and the family of this guy that got stabbed because they are the victim in this case, but that is what happened when they consume alcohol, they lost control of themselves, and start to do idiotic stuff. i don't think the fisherman should be punished, he did something wrong, yes,,,, but he was defending himself, you are entitle to defend yourself when someone out there wants to hurt you or your family, especially for no reason at all.
God Bless.
self-defense????
written by justice, October 21, 2008
..This indeed sounds like an act of self-defense from the fisherman...my curiousity is.....was it necessary to kill the drunk guy?...no one has a right to take another person's life....unless that person feels like his life is in jeopardy...im sure the 21 year old was harmless...eh he was just intoxicated...he didn't have any weapons..ai ua fefe le fisherman a ea...now both parties are indeed at loss...the fisherman ia ma le 21 year old.aigas that is....so what is done is done....this reminds of a song that goes something like this.."who are we to judge another...when we walk imperfectly"...So if the accuser wins, appeal and his conviction overturned...what about the 21 year old's family...I do hope the Court sends out a message to the people of Samoa..since this happened in Samoa..it is not a right to kill....

Anyways...good luck ALL
blame it on the fish !
written by miket, October 21, 2008
My uncle said that they should arrested the fish not the fisherman , the real story is that the poor fellow fisherman took off running and the fish (ise) was still alive ended up stabbing the idiot.
...
written by Komunda, October 21, 2008
It is real easy to say so much, when you only have surface understanding of the matter, it seems to me that everyone is vying for the not guilty verdict for the fisherman, which is great, but one should also assess it from the other side, after all a coin does have to sides to it. Place yourself in the position whereby it was your brother or father that was stabbed, you would want some sort of justice despite the fact that he in his moments of intoxication acted in and unacceptable manner. The court has made its ruling it has taken into account that the act committed was in self defence, and that is why they charged him with manslaughter instead of a charge with a higher decree and nature. and these statements about; "If I were a lawyer???", key words is if you were, but the reality of the matter is you are not a lawyer so lets leave it at that. Sometimes to pronounce judgement is not always about what is true, or what its right but rather what is fair and just.

You have all been asking; how it is anyone can stand there and take the punches, true no one should be subjected to such pain, but less we forget if the fisherman had ran instead of stabbing the boy, he could have avoided such a tragedy. Anyhow the point raised is. Don't just look at it from one prespective, take into account the other factors.

Soifua ma ia manuia
Komunda
GOT TWO WORDS FOR KOMUDA: JOHNNY COCHRAN
written by jemin, October 22, 2008
I suppose you believe that OJ did not kill Nicole and that kid too, right Komuda? You gotta accept the fact that justice sometimes stands for "just-us". Ever heard of people who were found guilty of a crime and got locked up for many years but were finally exenorated because the truth came out many years later? Yes, there is such a thing as misjustice. I may not be a lawyer but I know this much: during any trial, both the prosecution and the defense will do whatever it takes to win the case. The object is to convince the judge or jurors that their presentation of the case carries more true weight than the other. That is why people with money win their cases all the times. Justice sometimes is not necessary about the truth but the methodology of the presentation.Therefore, each side will argue for "just-us (them)" and not necessary the exact truth. That is what puts the fisherman's in that predicament.

Komuda, now you know that I am not a lawyer, do you have anyone in mind that can represent the fisherman for his appeal for free?
Casting Technic
written by Tarjei Fiva, November 09, 2008
Very sorry to read this story....do we have to be beaten to death before we can avoid prison???
Also sorry to see he have the same surename as me......bcz that means he might be a relative to me?
Bcz its only one family,as fare as i know,that have this surename........?
Wish u all the best u can get and hope the court will see the situation with benefit for u.........
JUSTICE SOMETIMES HURTS
written by Teinesamoamoni, November 10, 2008
I feel for this man and his family, but he must answer to the consequences of his actions. He clearly was defending himself but to the point where he ended someone else's life, scum or not. Life was not his to give or take and therefore must suffer the hand of justice. I hope his term of incarceration will be shorter than the norm. Take heed and stop drinking too much peeps! Why not plant a fruit tree if you feel the need to drink! Alofa tela atu!
Pray for forgiveness
written by Tango, November 10, 2008
The story is complicated, but should a fish caused all this maybe if he just throw him the fish and walk away just might save some prison time, and on the other hand maybe if the guy who died didn't start any trouble he will still be alive. Stupidity takes it course both ways and it's just so sad all around.
Deadly Force
written by Plato, December 03, 2008
I am leaning towards the courts decision on this case cause I think excessive force was used. The deceased didn't use any weapons during the fight besides, why stab the guy where it'll kill him? why not stab him in the arm or the leg somewhere else that wont be fatal.
Lafaele looks like a strong healthy guy that probably could have easily fight back with his fists. It was one on one. He had time to pull out the knife from the bag meaning he had time to walk away. I'm not against what he did but it was too extreme. Something that can not be undone. Manslaughter is not the same as murder but I hope the courts would be more lenient considering Lafaele was up all night trying to feed his family and was probably not in a fighting mode.
If anything, I would sue who ever in that poker game that send this guy out to shop knowing he was drunk WUI (walking under the influence)
so nobody wins in this case...
written by amanaia, December 03, 2008
The poor fisherman who minded his own business while trying to get home to his family is assaulted and ended up in jail... The instigator who lost his mind and his manners over excessive drinking ended up dead... His poor parents who properly had to put up with this young man for some time ended up losing a son... I feel for both families involved in this case.

The reporter, however, could have used a better title for her article as it dehumanizes the deceased! This is offensive to the family of the 21 year old who died in this incident.
Fisher man
written by Leah, December 04, 2008
Cause or Root of the problem "ALCOHOL" smilies/sad.gif Being under the influence of alcohol "DANGEROUS". Caused a mans life, and ruin another man's character.

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Last Updated ( Saturday, 18 October 2008 )
 
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