John Yalu, a ni-Vanuatu who worked as a banana picker in Australia, was acquitted of murder in Cairns Supreme Court, after he amputated the leg of a pensioner in exchange for NZ$6000. The man died as a result.
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A ni-Vanuatu seasonal worker in Australia, who sawed off a pensioner’s foot for cash, could be eligible for release from jail this year.
John Yalu was convicted of manslaughter last week after amputating Kalman Tal’s foot in exchange for NZ$6000 in the North Queensland town of Innisfail in 2022.
The 41-year-old banana picker was sentenced to nine years’ prison in the Cairns Supreme Court on Monday, but could walk free in August, having spent nearly four-and-a-half years in prison on remand.
Yalu was acquitted of murder by the court jury last week after a four-day trial, in a decision described by the sentencing judge as “merciful”.
The Cairns Post reported that during sentencing, Yalu was crying and said via a Bislama interpreter, that he wanted to speak directly to Tal’s family.
“I want to say that I wanted to help him. But he died from what I did,” Yalu said.
“I want to take this opportunity to apologise and say sorry to his family. “On behalf of my family, my tribe, my island (Tanna) and my country Vanuatu, I am very sorry. And that is all.”
Tal’s heartbroken family told the court that he was a gentle and religious family man, battling mental illness.
The 66-year-old grandfather had been “randomly approaching strangers” in Innisfail asking them to amputate his leg in the months leading up to his death.
Tal bled to death in a gutter near his car in the early hours of 19 February 2022, after Yalu cut off his foot above the ankle with a circular saw at a park.
The father of four supplied the saw, and showed Yalu how to use it before taping his own mouth shut and lying on the grass for the amateur operation.
The impact of the grizzly DIY pact was highlighted by the victim’s son, Filip Tal, who said the “unusual death” produced a “unique kind of grief”
“It was shocking, it really shook me, every time I get reminded of the court case, I get a sick feeling in my stomach and it doesn’t go away for weeks,” Tal said.
The victim’s brother, Frank Tal, questioned why more help was not given to his brother, who had been diagnosed with schizophrenia and whose mental illness would have been “obvious to anyone”.
“This is not normal behaviour; I can’t understand why he wasn’t referred to a psychiatrist.
“When Kal was off his medication, he would see things out of perspective, his whole demeanour and character was changed. Unfortunately, no one cared for Kal – the professionals did not acknowledge or refer him for treatment when he was making demands of them to remove his leg,” he said.
Regret
Yalu’s lawyer, Michael Rodriguez, told the court the accused had limited education and had been coming to Australia to pick bananas for several months a year since 2017, to support his family.
Rodriguez said Yalu was from a family of eight, and had a wife and four children who lived in a remote village in Vanuatu.
He said the family lived in “extreme poverty” without electricity, telephone or internet, and did not have money for international calls to or from the prison.
“He understands and regrets that his act of kindness cost this man’s life,” Rodriguez said.
“The ripple effect from this single event on my client and his family will linger for many years to come.”
In sentencing Yalu, Justice James Henry said that while he had pleaded guilty to manslaughter in the trial, that had to be “balanced against his actions after the amputation, leaving the victim bleeding to death”.
Justice Henry noted that Tal died near a fire station, ambulance and police station, and that Yalu “literally could have picked (Tal) up and carried him to the hospital”.
However he added that it was “obviously a significant mitigating consideration that, at one level, the deceased was the author of his own demise.”
“He (Tal) enlisted your assistance to perform a task he wanted performed, on the other hand, you were a willing and paid party to this escapade. A significant sentence is required for the purpose of denouncing and deterring this kind of resort to such barbaric and inherently dangerous behaviour,” Justice Henry said.
Yalu is likely to be taken straight to immigration detention if he is given parole, the court was told.
