Murder suspect Moetai Takaitu Found NOT GUILTY
“The law of self-defence is very peculiar in that you will judge him as he saw it and only how he saw it.”
After a thorough week-long trial and ten hours of deliberation, the 12-member jury found Moetai Takaitu NOT GUILTY of both murder and manslaughter. This decision brings a sense of justice and closure for Moetai, who has faced immense stress and uncertainty.
From the outset, our defence was anchored in the principle of self-defence. The law clearly states that the Crown is responsible for proving guilt beyond a reasonable doubt. Moetai’s actions on that night were driven by a need to protect himself from an immediate and violent threat posed by his step-son, Bruno.
On May 13, 2023, a day that began with a fishing trip ended in tragedy. After hours of socialising, an altercation over tomatoes escalated when Bruno turned off the lights and attacked Moetai in the dark. Struck and disoriented, Moetai defended himself by grabbing a knife and swinging it in the pitch black to fend off his step-son. Moetai had 2 defensive wounds, while Bruno had over 8 defensive wounds.
Crucial in the analysis of the evidence were the following:
I. Pathologist’s Report: The report indicated that Bruno’s death was rapid, caused by a fatal chest wound. The superficial injuries on Bruno were consistent with defensive actions by Moetai in the darkness.
II. Police Response: Constables’ testimonies revealed crucial inconsistencies and unreliability in the accounts given by Crown witnesses. The scene had been tampered with, and there was significant evidence that witnesses may have colluded.
III. Witness Credibility: The defence carefully examined the testimonies of Crown witnesses, revealing contradictions and highlighting how trauma, alcohol, and potential biases affected their recollection of events.
Our hearts go out to Bruno’s family, grieving a profound loss.
The Law of Self-Defence
The jury was reminded that self-defence must be judged from the defendant’s perspective. In the darkness, under attack, and impaired by alcohol, Moetai’s actions were driven by an instinct to survive. Given the circumstances as he perceived them, the force he used was reasonable. The superficial wounds did not deter Bruno, and only the fatal wound ended the threat.
A Just Verdict
The jury’s NOT GUILTY verdict reflects a fair and comprehensive consideration of the evidence. It acknowledges the reality of the threat Moetai faced and the reasonableness of his response. This case highlights the importance of understanding the context and immediacy of self-defence situations. Ms Rokoika, in her opening and closing argument, emphasised the following, “The law of self-defence is very peculiar in that you will judge him as he saw it and only how he saw it.”
We sincerely thank everyone who supported Moetai during this challenging period.
As we move forward, we trust this case will serve as a poignant reminder of the critical importance of safeguarding individual rights and ensuring that justice is administered impartially. Moetai can now begin rebuilding his life, free from the burden of these charges.
On behalf of Moetai’s defense team at Rokoika Law P.C., we would like to thank you once again for your support. Justice has been rightfully served, and Moetai is now free.
POSTSCRIPT
Jury Trials
The Magna Carta (1215) states that no freeman should be imprisoned or stripped of his rights without a lawful judgment by his peers, laying the groundwork for the jury system. This has evolved over the centuries, and English common law has further developed the jury trial system. The right to a jury trial has become a cornerstone of the legal system and the basis of criminal trials in the Cook Islands. This ensures that the accused is judged by a group of peers from the community rather than by a single judge. Juries reflect societal values and norms. By involving ordinary citizens in the justice process, jury trials enhance public confidence in the legal system and ensure that legal decisions align with community standards. Jury deliberations and verdicts help hold the legal system accountable to the community. The jury system acts as a check on the legal and judicial authorities, providing a means for citizens to participate directly in the administration of justice
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