A Lefagaoalii matai who is one of the 12 defendants facing attempted charges connected to hog-tying a man in September 2023 has passed away, the Supreme Court was informed on Monday.

Defence counsel Alex Su'a said Aitauia Ioasa Lemau died last week. A copy of the death certificate was presented to the court.

Aitauia had maintained a not-guilty plea to the attempted murder charge while pleading guilty to the kidnapping charge only.

The disputed summary of facts hearing was also heard before Judge Justice Leiataualesa Darryl Clarke where one witness from the prosecution was called and two from the defence.

Prosecution witness Seu Aleki told the court that she saw three defendants tying up the victim, So'oalo Manu Mene.

Ms Aleki said she saw Lemana Pene kicking the victim in the mouth while the other defendant Va'a Alai hit the victim on the back using a 4x2 timber.

Defence witnesses Faavevela Lale and Ofisa Sitafao said they didn't see Ms Aleki on the day of the incident at Lefagaoalii.

Defendants Lemanu Pene and Va'a Alai are disputing a part of the summary of facts saying "Lemanu Pene did not hit the victim on the head knocking off his hat; Lemanu Pene did not kick the victim on the mouth; Va'a Alai did not strike the victim on the back with a 4x2 timber; Tu'ua, Ofisa and Va'a did not punch the victim whilst he was on the ground."

Justice Roma adjourned this matter for a ruling on the disputed summary of fact on 3 March 2025 while awaiting supplementary submissions from counsels.

Justice Roma will sentence the defendants on the kidnapping charge on 10 March.

The case is tied to a complaint from the village’s Catholic Church deacon, who claimed So'oalo had entered his property while intoxicated and made disrespectful remarks about the deacon and the village matai. 

This led to a meeting in September 2023, where the matai decided to banish So'oalo from the village. The defendants present at the meeting were instructed to enforce the banishment by forcibly removing So'oalo from his home if he did not comply.

The defendants, 12 in total pleaded guilty to kidnapping. The charges stemmed from the events of 13 September 2023, when they allegedly assaulted and abducted So'oalo. 

The assault reportedly caused So'oalo to sustain injuries, including abrasions to his wrists and legs, profuse bleeding from his neck, and dehydration.