The defense counsel representing Nauru national, Julian Henrich told the Suva High Court today that his client was not part of the group who killed 22-year-old Tongan University student in 2014.
Henrich was allegedly involved in a brawl with a group of men at a Suva nightclub.
In his closing submission this morning, Sevuloni Valenitabua told the assessors that Henrich was outside Dragon Nightclub when the other six people were punching and kicking Sione Tufui.
Valenitabua told the assessors to consider one of the defense witnesses evidence that he saw Henrich coming out of the nightclub but when he came out, Tufui was already dead.
He also told the assessors that if Henrich was involved in a fight inside the nightclub on the dance floor and if he threw two to three punches at Tufui, this cannot cause Tufui’s death.
He said that medical report states that Tufui received serious injuries to his head that caused his death.
He says those six people should be charged who kicked and punched Tufui outside the nightclub.
In her closing submission the prosecution counsel, Juleen Fatiaki said that during cross examination Henrich admitted that he joined the fight outside the nightclub.
Fatiaki told the assessors that prosecution witness Finau Leone saw Henrich at the CWM hospital, and at the Totogo Police Station and he identified him and maintained that Henrich was the person who punched and kicked Tufui.
She asked the assessors to consider Leone’s evidence that he was only ten steps far from the place where Tufui was being punched and kicked by some boys and he saw Henrich was one of them.
Justice Temo will sum up the case tomorrow afternoon.
