Newspaper article The Queensland Times (Ipswich, Australia)

Judgment Day in New Year for Deadly Home Invasion

Newspaper article The Queensland Times (Ipswich, Australia)

Judgment Day in New Year for Deadly Home Invasion

Article excerpt

Byline: Ross Irby

ONE of four people involved in a deadly home invasion at Booval three years ago is still awaiting news on his punishment.

Dogged by delays due to lack of money to pay his legal costs, it could be a somewhat sleepless Christmas break for Tovia Junior Max Fualema as he faces an almost certain stint in jail.

Three of Tovia's co-offenders have already been sentenced to time in jail for their roles in the violent crime, which resulted in the shooting death of David Nanai, 26.

Fualema, 26, from Kingston, went before the District Court at Ipswich for sentence this week but the case was again delayed.

The defendant blamed the long wait on being short of funds and not being able to pay for his lawyers' legal fees.

His new legal representative, defence barrister Damien Gates, sought the adjournment of sentence until Fualema had the funds.

Fualema was arraigned in the District Court a year ago on a Crown charge that he entered a dwelling with intent to steal by break at night/use, threaten violence while armed and in company at Booval on March 4, 2016.

In the Stafford St invasion of the home occupied by Ben Caffrey and Jasmine Ockhuysen, one of the offenders, Mr Nanai, 26, was shot and killed.

Concerned by the delays in the justice process in the Fualema case, Judge Dennis Lynch QC said the matter before the court simply "can't go on forever".

He said the issue of money to pay for legal representation was raised back in August, and then adjourned, which was a significant amount of time.

Crown prosecutor Noel Needham said the sentence was then adjourned "on the understanding that the matter would proceed in a timely fashion".

He said the case was originally listed for trial but then adjourned some seven or eight times for the same reason.

Judge Lynch inquired as to what sentences the three offenders had received. …

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