More than three years after the tragic death of Liafau (Fau) Vake on Auckland’s Symonds Street, Semisie Pomale, was discharged without conviction on Friday (25 th October 2024) for assaulting Fau in the group attack which led to his death.

Walk Without Fear Trust Chairman, Eugene Bareman, has expressed dismay that Pomale will face no consequences for his part in the fatal assault.

“The discharge of Semisie Pomale, who pleaded guilty is a travesty. We agree with the police prosecutors that context of the offending must be viewed in its entirety, and it can’t be isolated from that situation.

“That the judge failed to do so is an indictment on the judicial system’s ability to recognise the seriousness of attacks which result in a victim’s death. Not only did Pomale provide the catalyst for the blow which killed Fau when he slapped him. He restarted the violence when Fau was clearly trying to de-escalate the situation.

“He had already taken part in the initial attack on Fau’s brother James, including pushing him through a locked shop doorway as other members of his group attacked James. That he appears to have been appointed to a leadership role in Tongan rugby, just three years after he failed miserably to show leadership in a lethal attack, is a serious concern.

“What is equally concerning is how he has used that role argue for a discharge and apparently delay sentencing while he travelled. Let’s just look at how the judicial system has dealt with an unprovoked, four-man attack which led to Fau’s death:

“Daniel Havilli, the killer who delivered the fatal blow, was sentenced to two years nine months for manslaughter.

“Ofa He Mooni Folau was sentenced to six months home detention and Siofilisi Paongo was sentenced to five months home detention.

“And now Semisie Pomale has been discharged without conviction.

“It is another kick in the guts for Fau’s family and friends. You would think the other kicks and punches delivered to Fau and James were enough, but the Judicial system has added to that tally.

“Our role at the Walk Without Fear Trust is to educate people on the consequences of the coward punch and associated social violence and foster a change in attitude.

“But equally, it is also to draw attention to the failings in our judicial system and call for change where we believe it is manifestly unjust, as it is here.”

A Shared Vision for a Safer Future

The Walk Without Fear Trust is committed to eliminating the tragic impact of street violence in New Zealand. Its mission is three-fold:

• Raise awareness: The Trust will work to educate the public about the devastating consequences of one-punch assaults and other forms of street violence, both on victims and their loved ones.

• Advocate for change: The Trust will advocate for positive societal, cultural, and legislative changes to prevent violence and promote safety.

• Build a culture of respect: The Trust will work to foster a culture of respect and non-violence throughout New Zealand, fostering a safer environment for all.

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