Nigel Fuatimu, 21, was found dead in Manurewa's Jellicoe Park in October 2020. Photo / Supplied
Nigel Fuatimu, 21, was found dead in Manurewa's Jellicoe Park in October 2020. Photo / Supplied
A man who was found dead at an Auckland park was already unconscious from being repeatedly kicked in the neck and head when one of the two strangers attacking him picked up a concrete block and used it to bash him in the head, prosecutors said today.
Nigel Fuatimu, 21,had been playing music and singing with three friends in Manurewa's Jellicoe Park around 11pm on Oct 3, 2020, when his group was "jumped without warning" by another group of four men, Crown prosecutor Dale Dufty told jurors in the High Court at Auckland.
"[He] was beaten to death," Dufty said
Isaac Ramese-Stanley, 26, and Simon Tavita, 25, both started the trial today by pleading not guilty to murder. Co-defendant Kitiona Stanley, 28, is charged with attacking one of Fuatimu's friends as he tried to run away. He pleaded not guilty to assault with intent to injure.
Fuatimu had been socialising with co-workers that night, drinking and listening to music at a nearby house belonging to one of the men's parents. At some point that night they got too loud for the parents and walked to Jellicoe Park.
"They were upbeat, socialising, playing music through their speaker, enjoying each others' company," Dufty explained in his opening address, adding that after they arrived at the park the gathering continued unabated. "They were still drinking, still singing, blasting Samoan music and having a good time."
Around that time, four other Samoan men - including the three defendants - were at another nearby home and decided to go for a walk, passing the same park, Dufty said.
Emergency services at the cordon of Manurewa's Jellicoe Park, where Nigel Fuatimu died in October 2020. Photo / Hayden Woodward
"The next few moments happened very quickly," Dufty said. "Isaac or Simon approached the group and said, 'Your music is too loud.' At the same time one of them threw an object at the group."
Fuatimu was knocked to the ground and "grappled" with Tavita, trying to defend himself, Dufty said. Ramese-Stanley then ran up and began kicking Fuatimu in the head multiple times, leaving the man face down and unconscious, prosecutors said.
"However, it wasn't over," Dufty told jurors. "Simon picked up a large cement block and struck Nigel while he lay unconscious on the ground."
Fuatimu's friends who had run away later returned and called for help, but the 21-year-old couldn't be revived.
None of the defendants deny having been at the park that night. DNA linked two of them to the scene, authorities said.
But Ramese-Stanley told police his violence that night amounted to nothing more than a "shoulder barge" and Tavita said he was knocked unconscious himself, according to prosecutors. Tavita said that when he regained consciousness he picked up the cement block and threw it away before running from the scene.
"Contrary to what they say, they caused the injuries to him, and they assisted or encouraged each other," Dufty said.
Lawyers for all three defendants also briefly addressed the jury today.
Panama Le'au'anae, who represents Tavita, said curiosity over the loud music had gotten the better of the defendants that night when they walked onto an "extremely dark" field. His client, he said, was the one who was blindsided and ended up on his back, with "all 127kg" of Fuatimu on top of him.
"Yes, they found some of his DNA on Nigel Fuatimu's shorts, but interestingly enough they found nothing on a brick or rock and they found nothing on a bottle," Le'au'anae said.
He told jurors the defence will call a forensic pathologist who will say four or five factors could have contributed to the man's death that night.
"This is not a straight forward case," he added. "So far as Mr Simon Tavita's concerned, he did not assault Mr Nigel Fuatimu."
Ramese-Stanley's lawyer, Scott Clark, agreed.
"You cannot be satisfied beyond a reasonable doubt that Mr Ramese-Stanley caused any injury that led to the death of the deceased," he told jurors. "The evidence simply does not stack up - not even close."
Justice Paul Davison sent jurors home before the first witness could be called so that today's opening statements can be translated into Samoan. Testimony is expected to begin tomorrow.
