Semisie Pomale avoids conviction three years after Auckland MMA fighter Fau Vake was killed with a ‘coward punch’

“He says that as a result of what happened to Mr. Vake, he was shocked to the core,” Judge Winter said, noting that the defendant claims to have stopped drinking alcohol completely since the incident. “I think he sincerely regrets it.

“I don’t think he was aware of the likelihood of an incident rising to the extent that it occurred when another person delivered a blow that caused the victim to fall to the ground and sustain the fatal injuries that he sustained. “

Court documents say Vake, whose full name is Lifau Tu’iha’aingana Vake, was with his sibling Ika Vake on Symonds St when a confrontation broke out between them and four strangers. The Vake brothers did not inflict the blows themselves and were not the aggressors, as prosecutors repeatedly emphasized at previous hearings.

Fau Vake, 25, was known for training alongside top New Zealand martial artists at City Kickboxing, but the brothers were outnumbered and he was blindsided by a fatal blow, authorities said. Nine days after the incident, he was taken off life support at Auckland City Hospital.

Due to the ongoing allegations against Pomale, the media has been unable to provide a full account of what happened that morning – until now.

The agreed statement of facts shows that Pomale was the first to use violence. He told police he did it because Fau Vake’s brother verbally threatened to hide him as they walked down the street. He recently left a nearby Edinburgh Castle bar during closing hours with co-accused Daniel Havili, Ofa He Mooni Folau and Siofilisi Paongo when words were allegedly exchanged. This led to three minutes of violence, captured on CCTV, in which the other three men also intervened.

Pomale and Folau first set their sights on Ika Vake, with Folau attempting an open hand punch first while Ika Vake picked up his boot.

“Ika Vake fled to get away from Mr. Folau,” the court document states. “Mr Folau chased him and confronted him, provoking him to fight. Ika Vake backed away from Mr. Folau, who continued to advance until Ika Vake was pinned against the recess of the hair salon door and could go no further.

Folau then threw a passive punch at Iki Vake’s head before grabbing him by his clothes and delivering an uppercut. As Ika Vake “tried to move away from the alcove towards the open space,” Pomale stepped in and blocked him.

“Ifa Vake leaned forward in a defensive guard position, protecting his head with his forearms,” the document states. “Mr. Pomale, clutching his clothes over his shoulders, pulled Ika Vake upright and with a continuous movement pushed him hard against the door of the barbershop. The push was so strong that the double doors were pushed inwards, breaking the lock, and Ika Vake fell to the floor of the store.”

Meanwhile, Folau took off his shirt and ran to Fau Vake, who was being held by another person in their group. He punched Fau Vake in the head three times, including on the chin.

Paongo joined the fight when Ika Vake tried to leave the barbershop, grabbed him and punched him twice.

“At this stage, Ika Vake was doubled over and kneeling on the ground in a protective position with his hands gripping Mr. Paongo’s legs,” according to the agreed summary of facts. “Mr. Paongo stood over Ika Vake’s head.”

He struck three more blows before he was dragged from the barbershop. Ika Vake gathered his scattered belongings and began to walk away from the group, but Paongo chased him and landed another blow.

Fau Vake caught up with his brother and began pushing him away from the aliens. This time it was Pomale, the last of the accused, who gave chase. Fau Vake stepped between Pomale and his brother to separate them as they exchanged words. Pomale tried to leave twice, but Ika Vake said something that prompted Pomale to return. It is not known what words were exchanged.

“Liufau Vake intervened again by placing his hand on Mr. Pomale’s chest to prevent him from continuing towards Ifa Vake,” the document states. “Mr. Pomale punched Liufau Vake in the face with his open right hand.”

This “handcuff” occurred when the fourth defendant, Havili, approached Fau Vake from his side and, without warning, threw a left hook – a “coward’s punch” that caused his death.

“Liufau Vake fell backwards,” the document states. “Mr Havili’s impact meant Fau Vake couldn’t move his feet to keep his balance or use his hands to support himself. When he fell, his arms stayed at his sides and he hit the pavement, failing to break his fall. The back of his head hit the asphalt road hard.”

Ika Vake ran to his brother, but was attacked again, this time by Havili, who struck him twice and briefly dragged him along the ground by his feet after he fell.

“Ika Vake stood up, crouched down, grabbed Mr. Havili by the legs and forced them both into a nearby car,” the documents say. “Mr. Havili pushed Ika Vake to the ground and struck him once in the head with his closed right fist and then kneed him in the head.”

At some point during the confrontation, Ika Vake also suffered a concussion.

Folau pleaded guilty to two representative charges of assault with intent to cause injury just months after the incident and pleaded guilty sentenced in August 2021 to six months of house arrest – a result that an exasperated Dan Hooker later described outside court as “an absolute joke”.

Hooker expressed his anger and disappointment again to the court in April 2022 when Havili was sentenced to two years and nine months in prison for murder. Paongo, a Tongan army veteran, was doomed weeks later to five months’ house arrest for assault with intent to cause injury and simple assault.

A few years before the incident, Pomale, who had no previous criminal record, started a business exporting goods to Tonga and later to other Pacific islands.

His lawyer today presented the judge with copies of 178 airline tickets, evidence of his frequent international travel over the past few years to accompany goods to foreign countries.

This case was initially the basis for him to apply for dismissal from service without a conviction. If he had a conviction, he would have to disclose it to border officials every time he entered Australia or he could be sent back, which would have a crippling effect on his business, his lawyer argued.

But on Friday, after multiple deferrals over the past year, Pomale arrived with a new argument for release without conviction. He was hired in April as assistant manager of the Tonga national rugby team, and part of his three-year contract includes traveling the world with the team. His lawyer pointed to particularly stiff border conditions for the United States and Canada, which are among the countries the team is most likely to visit.

His submissions included a statement from head coach Tevita Tuʻifua, who said Pomale’s roles include team management, logistics and strategic planning. Pomale’s travel restrictions will “significantly impact the team’s performance,” the head coach said.

Ryan argued that travel difficulties would result in a penalty disproportionate to the seriousness of the offense.

Crown prosecutor Vanshika Sudhakar objected to defense requests, insisting the judge should not view the widespread assault charges in a vacuum. Even though Pomale did not inflict the fatal blow, he should be held accountable for contributing to the “tragic circumstances,” she explained.

“The context of the crime must be considered as a whole and cannot be isolated from this situation,” she argued.

But the defense disagreed, and neither did the judge.

“I am not persuaded that he was aware that such a blow would be dealt to the victim, nor that he was aware of the consequences that might occur,” Judge Winter said, noting that Pomale had shown his remorse by taking anger management courses and alcohol abuse. “This offense is not his style.”

As a condition of release without conviction, the judge ordered Pomale to donate $2,000 to the Auckland City Mission or the Salvation Army within the next month.

While the Vake family has made victim impact statements in the past, they made no contribution to Pomale’s sentencing. They had not been in contact with the police, the judge noted, explaining that he did not know whether they would object to being released without conviction.

Two years ago, at the sentencing of the Havili case, a statement from Fau Vake’s sister was read aloud, in which she recalled boarding the first plane from Australia to New Zealand after being woken up by a call from her crying mother.

“Why did something like this happen to such a loving soul?” she asked. “His death was so sudden and unjustified that it is so difficult to accept.”

She described the pain of trying to explain her brother’s absence to his young child.

“It’s the sadness in her eyes as she looks around wanting to see her real superhero,” she said, describing her brother as the “heart” of their family and someone who worked hard to pursue a career in MMA fighting and being an electrician.

“He was taken from us by a brazen act,” she said. “The hole in our hearts will never be filled.”

Craig Captain is an Auckland-based journalist covering courts and justice. He joined the Herald in 2021 and has covered the courts since 2002 at three newsrooms in the US and New Zealand.