Tafunaina v Police

IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY

CRI-2015-476-04 [2015] NZHC 2144

BETWEEN

IAFETA TAFUNAINA

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing:

4 September 2015

(By way of audio-visual link)

Appearances:

D J Brown for Appellant
M Beattie for Respondent

Judgment:

4 September 2015

JUDGMENT OF MANDER J

[1]      Mr  Iafeta Tafunaina  appeals  against  his  conviction  on  a  charge  of  male assaults female, found proven by Judge Couch, after a defended hearing in the Timaru District Court.   Mr Tafunaina submits that Judge Couch erred in its assessment of the evidence, resulting in a miscarriage of justice.

Background facts

[2]      In December last year, Mr Tafunaina and the alleged victim Puaraua Paiaauia visited Mr Tafunaina’s wife, Veaofeao Tafunaina, at her house, where she lived with their children.    Mr Tafunaina remains married to his wife, however, for approximately two years he has been in a relationship with Ms Paiaauia, and ceased living with his wife approximately a year prior to this incident.   The reason for Mr Tafunaina and Ms Paiaauia visiting was because he wanted to live in the house with   his   wife   and   their   children,   together   with   Ms Paiaauia.      It   appears Mrs Tafunaina was willing to accommodate that arrangement, albeit reluctantly in the case of Ms Paiaauia.  For her part, Ms Paiaauia did not want to enter into this

living arrangement.

TAFUNAINA v NEW ZEALAND POLICE [2015] NZHC 2144 [4 September 2015]

[3]      After their meeting, Mr Tafunaina and Ms Paiaauia left the house via the front door.   It was the prosecution’s case that, in the proximity of the front door steps, Mr Tafunaina assaulted Ms Paiaauia.

The evidence

[4]      The prosecution called three witnesses, being Ms Paiaauia, Mrs Tafunaina and  the officer in  charge  of the case,  Constable Caird.   The  two  women  gave contrasting accounts of what had occurred on the outside steps.  Ms Paiaauia denied that any assault had taken place.  Her evidence was that when she and Mr Tafunaina went outside, he attracted her attention by pulling on the back of her cardigan, and that they both sat down on the steps.  Ms Paiaauia said she was quite happy with him doing  that  in  order  for  them  to  discuss  their  differences.     She  denied  that Mr Tafunaina punched or assaulted her.

[5]      A contrasting account was provided by Mrs Tafunaina.   Her evidence was that following a discussion with her husband in the kitchen of the house, he and Ms Paiaauia left through the front door, which was closed behind them.  She said she went to the living room for a short period, after which she heard shouting and screaming coming from outside the front door, and in particular from Ms Paiaauia. When she opened the front door, her evidence was that she saw Mr Tafunaina punch Ms Paiaauia from behind on the upper part of the right side of her head.  Following this, Mr Tafunaina pulled Ms Paiaauia to the ground.

[6]      Constable Caird’s evidence relayed to the Court Mr Tafunaina’s denial that

any assault had taken place.