King Hit in Yarraville

Crime: Manslaughter
Occurred: 14 July 2009
Sentenced: 16 August 2011
Where:  Outside the Blarney Stone Irish Pub in Yarraville (35 Anderson Street)
Convicted: Jacob Polutele
Victim: Cain Aguiar


What happened?
On a Thursday night (9 July 2009) at the Blarney Stone Irish Pub, Cain Aguiar had the misfortune of chatting to a young lady who was with a man named Foster Akoteu.  Foster was jealous that his lady friend was talking to Cain and decided to fight him. Outside the Blarney Stone, Foster and his friend Sioeli Seau set upon Cain, hitting him with bottles and trying to bring him down but Cain remained standing, defenceless to the attack.  Jacob, who was out with Foster and Seau and wanted to "help", ran up to Cain from the side and hit him in the face, which caused him to fall to the ground and smack his head hard against the curb with nothing to break his fall.  Foster then kicked and stomped on Cain's head and said, "Welcome to Australia, bitch".

Cain Aguiar

Cain suffered horrendous brain injuries and his family, who flew in from Canada, made the decision to turn off life support days later.


Cain's background
Cain was 25 years old when he was killed.  As a Canadian, he had come to Australia to begin a new life and had been in Australia for a month, living with relatives.  He was a qualified pilot and financial analyst and had come to Australia to pursue a new career.  He has left behind his parents, grandparents, sibilings and a nephew.


Jacob's background

Jacob Polutele

Jacob was 22 years old at the time of the attack and on a suspended sentence for causing serious injury in an unrelated case.  He is of Tongan origin and has four siblings.  Jacob left school part way through Year 11 and became involved in amphetamines and ecstasy, working as a labourer and in meat works.  Jacob's drinking began to interfere with his work and he spent six months unemployed before he attacked Cain.


Outcome of trial: Jacob pleaded not guilty to manslaughter but a jury found otherwise.


Sentence:  7 years before eligible for parole (10 years max).  This was the same sentence as the one handed down to Foster.


You can read the judgement here or listen to it here.  Media coverage is available here and here.