During Muli’s sentencing in Nelson District Court yesterday, the Crown described the incident as a “drunken, violent stabbing of a fellow countryman and colleague”.
“The victim was a young man, only 21, trying to make a living in New Zealand and who has had no choice but to return to Tonga,” Crown prosecutor Jerome Lao said.
He said it was lucky the stabbing was not fatal, given the victim’s injuries.
Defence lawyer John Sandston agreed it was serious offending but said Muli was sorry for what happened.
He said a jail term would be hard in a foreign country where he barely spoke the language.
Fight over victim’s alleged treatment of others
Muli, a 27-year-old father of two, had been in New Zealand trying to save money for a car to take his children to school, Judge Tony Snell said.
The fight in the early hours of March 14 this year was said to be over how the victim had allegedly treated another worker in the team, the summary of facts said.
The pair were working in the Tasman District as members of the Recognised Seasonal Employer (RSE) scheme.
Police said they had worked together on orchards in New Zealand for three years.
In March, they were in their worker accommodation in Lower Moutere when a fight broke out.
Police said they had been drinking alcohol in another room. Muli had drunk about 10 cans of pre-mixed alcohol and shared three bottles of wine with the victim.
It was about 2am when the pair started to argue.
Two other workers separated them and the victim walked off to his room down a hallway.
Tongan RSE worker Fine Mateaki’i He Lotu Muli was in New Zealand saving to buy a car to take his children to school once he was back in Tonga. Now he’s in prison for stabbing a co-worker. Photo / Tracy Neal
They clashed again when the victim returned to the kitchen and dining area. Two work associates struggled to pull them apart.
Muli then pulled the knife from his pocket, holding it in a reverse grip with the blade pointing down his right hand.
Police said the victim was stabbed repeatedly, twice in his lower back, once between his shoulder blades near his spine, and once in his upper thigh.
The blade reached his kidneys, causing a small cut.
He was able to run off and escape through a window as Muli ran after him, yelling he wanted to stab him because of how he had allegedly treated another one of the workers.
The victim was found nearby by another group of workers on their way home who took him back to the accommodation unit.
Despite his injuries, he went to sleep on a couch and was later taken to hospital.
When interviewed by police, Muli said he remembered fighting with the victim but was too drunk to remember stabbing him.
As a consequence of the attack, the victim spent a week in hospital and three days on crutches.
Because of his fear, anxiety and stress he no longer felt safe and returned to Tonga, Judge Snell said.
He said Muli was assessed as someone who didn’t drink often and was a good, reliable, consistent worker.
“You have led a pro-social life the whole time you’ve been in New Zealand. You are highly regarded. This whole incident was an aberration and highly out of character,” Judge Snell said.
From a starting point of seven years, the judge arrived at his sentence of four and a half years in prison after discounts were applied.
The charge carried a maximum of 14 years in prison but Muli was awarded credits for the extra hardship he would face in prison, his early guilty plea and his lack of criminal history.
Muli would be deported once released, after he had served at least a third of his sentence.
Judge Snell said the terms of his release would be set by the Parole Board.
Muli was given a first warning under Three Strikes law.
Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.
Join the NZ Herald’s Open Justice team for Case by Case, a video and podcast series examining the disputes and decisions making headlines across New Zealand.