Victim of fatal attack was filmed while lying unconscious on pavement

A man who pleaded guilty to a fatal assault in a central Wellington carpark kicked his victim in the groin, swore at him and filmed him on his phone as he lay unconscious and bleeding on the pavement, court documents have revealed.

Siale Siale, aged 29, pleaded guilty to manslaughter in the Wellington High Court last week.

His victim Luke Smith, 21, died after life support was removed, with a contusion to the right side of his jaw, a skull fracture, brain swelling and a haemorrhage.

The summary of facts, released to RNZ today, reveals the circumstances of the assault.

At about 3.15am on 6 October 2024, Siale was seated on a park bench outside the old Reading Cinema building on Courtenay Place.

He had been drinking since 5pm the previous day.

At about the same time, Smith and his friend were walking along Courtenay Place towards the Ace of Spades Bar to meet another friend who was going to drive them home. He had also been drinking.

According to the summary, while passing the old Reading Cinema building, Smith began talking to two women sitting on the bench by Siale.

As he passed, Siale grabbed his shirt and asked him what he was looking at. There was a verbal altercation, and Smith's friend tried to pull him away.

He was about to leave when Siale said: "Do you want to tell me what the f*** you said?" to which Smith replied: "I'm going to make you look like a pussy."

Without warning, the defendant punched him once with his left hand in the jaw, knocking him unconscious.

Smith fell backwards, his head hitting the ground.

Siale then turned to Smith's friend and said: "Do you want some, bro?", before pulling out his phone and recording a video.

While Smith lay unconscious on the ground, Siale pulled the finger at him and kicked him once in the upper thigh/groin area, and said: "F*** you, motherf***er."

Siale left the scene while onlookers and the Smith's friend performed CPR, called 111 and placed him in the recovery position.

Police and paramedics arrived, at which point Siale came back, and Smith's friend pointed him out to police. Siale was then arrested.

Smith was taken off life support the following day.

In explanation, Siale agreed there was an argument, and said that Smith wanted to fight him, but that Siale himself did throw the first punch.

Justice Karen Grau granted him bail until sentencing in February next year, so the rehabilitative efforts he was making could continue.

She said his large, close-knit family, who were present in court, were helping Siale "come to terms with the enormity of taking a life".

Sign up for Ngā Pitopito Kōrero, a daily newsletter curated by our editors and delivered straight to your inbox every weekday.