Prosecutors challenge 'inadequate' sentence for Frederick Tuifua, who killed Pitasoni Ulavalu at Kokomo's nightclub

Director of Public Prosecutions Shane Drumgold SC made that comment in the ACT Court of Appeal on Tuesday, when he challenged the 20-year jail sentence dished out to Kokomo's killer Frederick Tuifua.

Tuifua, 28, received that sentence, with a 10-year non-parole period, last November after he pleaded guilty to murder, intentionally inflicting grievous bodily harm and assault occasioning actual bodily harm.

He admitted fatally stabbing Canberra Comanchero commander Pitasoni Ulavalu, 48, and then knifing another member of the bikie gang at Kokomo's nightclub in Civic during a wild brawl in July 2020.

The former Canberra Grammar School student subsequently took part in a five-on-one jail bashing, during which he kicked an Alexander Maconochie Centre inmate he suspected of being a paedophile.

The respective families of Tuifua and Mr Ulavalu watched from the public gallery as Mr Drumgold argued on Tuesday that Justice Michael Elkaim had given the killer a "manifestly inadequate" sentence.

"It is clearly disproportionate and will lead to some concerning precedents," Mr Drumgold said of the punishment visited upon Tuifua, who wore a grey suit in the dock.

"The nature of the offending is not represented in the ultimate sentence that's imposed."

The prosecutor focused on what he called the "inexplicability" of the murder, telling the court he had been unable to find any comparable cases.

He emphasised the fact Tuifua had "hovered on the periphery" of a fight that erupted at the nightclub before briefly inserting himself into the fray to attack Mr Ulavalu so forcefully the entire 10-centimetre blade of his knife penetrated the bikie boss' neck.

Tuifua had "no part" in the brawl, Mr Drumgold argued, yet he had fatally stabbed Mr Ulavalu from behind as the victim attempted to play peacemaker.

"The crime of the victim appears to be trying to break up the melee," he said.

Mr Drumgold said Tuifua had then badly wounded another bikie by plunging the same weapon into that man's leg while others restrained him in a club packed with 116 patrons and staff.

"He didn't retreat following the murder but rather hung around and, when the opportunity arose, pounced again for a second victim," Mr Drumgold told the court.

The prosecutor added that Tuifua had again "hovered" on the edge of an incident during the subsequent prison bashing, which occurred in November 2020, before taking the opportunity to strike.

Mr Drumgold went on to claim the 10-year non-parole period, which did not commence until the second year of Tuifua's total jail term because of a legal quirk, was also inadequate.

Tuifua's barrister, Bret Walker SC, responded by arguing Mr Drumgold's appeal should be dismissed.

Mr Walker disagreed with the assertion the murder was "inexplicable", saying "testosterone and alcohol" probably went some way to explaining how it had happened.

One of the appeal judges, Justice David Mossop, also took issue with the description, saying there was "a degree of inexplicability" but noting a conflict over a bag had led to the nightclub brawl breaking out.

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Mr Walker later submitted the real question for the appeal court was whether the punishment imposed on Tuifua had fallen outside an acceptable sentencing range.

He compared the murder of Mr Ulavalu to the "atrocious" case of Tinder date killer Jayscen Newby, who ultimately received a 24-year prison sentence, as he argued the answer was "very loudly, no".

The appeal court, comprised of Chief Justice Lucy McCallum, Justice Mossop and Justice Robert Bromwich, reserved its decision after hearing submissions.

The judges will watch CCTV footage of the Kokomo's incident and the prison bashing in their chambers before making a decision.

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