Father tells of ‘unbearable’ loss of son who moved to NZ to be safe, and died after one-punch attack

Thursday, 20 February 2025

The father of a young man who died after being hit with a single punch in downtown Wellington has spoken of the “unberable” pain of the loss.

Brian Smith told the High Court at Wellington about Siale Siale’s “vicious” attack on his son Luke Smith, saying that after the attack Siale had the audacity to mock his son, kick him and show him the middle finger.

Siale, 30, who previously admitted a charge of manslaughter, was sentenced on Thursday to two years and three months in prison by Justice Dale La Hood. The judge also made an order for emotional harm reparation of $10,000.

Luke Smith, 21, died on October 7, the day after he was assaulted on Courtenay Place, Wellington’s bar and restaurant district.

A summary of facts said the attack happened about 3am on October 6. During it, Siale had punched Luke Smith once in the jaw with his left hand, knocking him unconscious. Luke Smith fell straight back and hit his head on the road.

He had arrived in this country from South Africa in 2024, and had settled in Upper Hutt with his parents.

His father Brian Smith, with his wife and Luke’s mother Natasha Smith standing beside him, presented a victim impact statement to the court on Thursday.

Brian Smith told the court his prayers were answered when his son was born. “I held in my arms the greatest gift in my life.”

He and Luke’s mother Natasha Smith had come to this country to provide their son with a safe and better life.

He and his wife had prayed for a miracle when they saw their son “broken” in hospital.

“We prayed desperately for a miracle… Even when the doctors told us there was no hope we refused to accept it, but our prayers went unanswered,” Brian Smith said.

Now, every day was a battle to survive unbearable grief. “The dreams of grandchildren, of watching our son grow into the man he was destined to be, have been ripped away.”

Siale was a danger to society and must be held accountable, Brian Smith said. A person who could take a life with such extreme violence should not be free.

The summary of the case said Siale had started drinking about 5pm on October 5.

Just after 3am the next morning he was sitting on a bench outside the Reading Cinema complex on Courtenay Place.

Luke Smith began talking to two females sitting on the same bench as Siale.

Siale grabbed Luke Smith’s shirt and asked what he was looking at.

As Luke Smith was about to move away Siale asked what he had said. Luke Smith replied he would make Siale look like a “pussy”. That was when Siale punched Luke Smith “without warning”.

Siale told police later that he argued with the victim, the victim wanted to fight him and Siale punched him first.

The judge said factors he had taken into account included Siale’s background, which was detailed in an alcohol and drug report.

Siale’s father had been an alcoholic and violent at times. The defendant had been exposed to violence in the home and it had become normalised for him, Justice La Hood said.

Siale was diagnosed with Attention Deficit Hyperactivity Disorder (ADHD) at the age of 11, and was expelled from several schools during his secondary education for being disruptive.

His father, whom Siale was very close to, had drowned in 2022, and Siale had been part of the group that found his body and pulled it from the sea.

Siale had reported recurring nightmares as a result of that experience, the judge said. He accepted Siale had suffered from trauma-related symptoms following his father’s death.

Luke Smith had bruising to the right side of his jaw, and a fracture to the back of his skull from the fall, the judge said.

Siale had punched Luke Smith directly on the jaw, and it must have been a heavy blow as the victim was rendered unconscious immediately.

After that, Siale had started filming Luke Smith, and had continued to taunt him as he lay unconscious and bleeding on the ground.

Siale’s reaction indicated he was not surprised at all by the impact of the punch, the judge said.

Justice La Hood said he accepted Siale had since shown genuine remorse and had a great potential for rehabilitation.

He also had to take account the fact Siale had a five-year-old son. Although the boy was now living in Australia, Siale’s former partner said the defendant spoke to his son on video calls regularly.