Family seeks forgiveness after drunken Auckland encounter ends in man's death

When a drunk man staggered onto Auckland's Queen St shortly before dawn on Saturday, April 20, last year, a car stopped and words were exchanged.

What might have ended with the drunk walking off and a car driving away instead left Jerico Telea​ dead and Joseph Antonio Halaholo Larson charged with manslaughter.

But Larson, 21, will spend no time in prison, after the the High Court at Auckland heard the catastrophic burst of violence also sparked a journey of forgiveness.

Telea, 24, was a passenger in the car with one of his brothers. After coming under attack from Larson, Telea threw a punch back and missed. Larson, drunk, punched him twice in the face.

The second punch knocked Telea out, prosecutor Lucy Deane told the court on Friday.

Telea fell backwards, hitting his head once, then again when people at the scene tried to help him and he fell a second time.

Critically injured, he was taken to Auckland City Hospital.

Deane on Friday read a victim impact statement from Telea's eldest sister, Anita Fuimaono.

Telea was the sixth of 24 siblings in a family including adopted children.

"We have a beautiful and loving family. We never mentioned adoption in my family because we see each other as equals," Fuimaono wrote.

She said nobody was prepared for the news her brother was critically injured that Saturday, and soon doctors told the family nothing more could be done.

"We guess God was calling him home," Fuimaono added.

​Life support was switched off on Easter Monday.

Telea's younger brother Mark, now a rugby player with the Blues, was with the Hurricanes training group last year.

When the Hurricanes played the Chiefs on April 27 last year, players wore black armbands to show respect for Talea's family.

Soon after her son's death, Fuimaono's mother had a heart attack.

"I would have nightmares thinking 'what if my mother doesn't make it?'" Fuimaono added. "I don't think our family could handle another loss." 

She said Jerico's death caused her family to reflect on the shortness of life, not have petty arguments, and to "hold each other a little bit tighter, a little bit longer".

Larson, a bartender from Favona, South Auckland, was charged with manslaughter and pleaded not guilty before entering a guilty plea on November 15.

As he went through the courts, his Tongan family negotiated with Telea's Samoan relatives and underwent the traditional Samoan apology process known as ifoga.

Referees described Larson's offending as out of character but Deane said Telea's death was still a result of Larson's choices.

"The violence he inflicted on Mr Telea was unprovoked and utterly senseless."

Deane said a cultural report found Larson had a misconception "that not backing down in conflict is a feature of Tongan culture".

Defence counsel Emma Priest said Larson made "a foolish and impulsive decision" to attack Telea.

Priest said Larson's family had done everything possible to make amends and Larson was "held accountable culturally" through ifoga.

Priest praised Telea's family for what she called the "incredible strength of character" shown in their decision to forgive Larson and his foolish actions.

The court heard Larson also engaged with a restorative justice process, and sought treatment for alcohol abuse.

Priest said Larson's employer knew about the offence and still supported him.

So many of Telea's relatives and Larson's supporters were at court, security guards opened the doors so more people gathered outside could hear the proceedings.

"Jerico has tragically lost his life in circumstances that were entirely avoidable," Justice Christine Gordon said.

Referring to Fuimaono's victim impact statement, the judge told Larson: "You have experienced not just her family's grief but also the graciousness of their forgiveness." 

She said Larson should receive credit for his youth, previous good character, and remorse.

He'd complied with bail conditions, written an apology letter, had good family support and expressed a desire to take an anti-violence programme.

Justice Gordon said Larson should consider working in an industry where he was not involved with alcohol.

She said it was important to express remorse directly and restorative justice steps were important to both families' cultures. 

"Your Tongan family followed the Samoan process."

Justice Gordon sentenced Larson to one year of home detention.

He must abstain from alcohol and drugs, and get treatment for alcohol abuse.

There was silence in the court when Larson left the dock and people filed slowly out of the courtroom, nobody showing any visible emotion.​

SOLEMN CEREMONY

Samoan community leader and Radio Samoa host Papaliitele​ Lafulafu​ Peo said ifoga was an action of remorse a wrongdoer's family performed before the wronged family.

He said it was a serious and very emotional event.

"We prepare fine mats and a member from the wrongdoing side has to bow down and cover his or her body with a fine mat," Peo said.

"Then the rest will just sit silently behind that person. Then we have to wait for a member of the other side. If they want to accept our ifoga, they will come and uncover this person."

At rare times in the past, apologies would not be accepted, and a wrongdoer's family could be beaten or killed.

The wrongdoer's family had to be sincere, prepared to accept the other side's wrath if forgiveness was not extended.

Peo said he had never before heard of a Tongan family performing ifoga.

He would not comment on the home detention sentence but praised the High Court for at least taking the practice of ifoga into consideration.

"For a court to value ifoga, I credit the court because it's part of our culture."