A row between farm workers over music led to one dying and his killer being locked up today.
Romanian Ion Niculae suffered a traumatic brain haemorrhage from a single “powerful” punch delivered by 20-year-old fellow compatriot Robert Onicala.
Robert Onicala killed Ion Niculae with a single punch at Mansfields fruit farm in Canterbury. Picture: Kent Police
The men were among transient workers at Mansfields fruit farm off Nickle Lane in Chartham when violence erupted on May 5 last year.
Canterbury Crown Court heard celebrations were being held to mark Orthodox Easter Sunday in their static caravan accommodation when Onicala struck 51-year-old Mr Niculae to the side of his head, knocking him to the ground in an unconscious state from which he never recovered.
There had been a BBQ, dancing, drinking and games throughout the afternoon and evening attended by residents and guests, with music being played through a loudspeaker.
But prosecutor Edward Franklin said a row over the volume flared between Onicala’s brother, Alexandru, – also a farm worker – and Mr Niculae at about 8pm as they were gathered around one of the tables placed outside the many caravans on the site.
“They began to argue about the volume of music being played through the speaker and there came a point when Alexandru Onicala stood and slapped Mr Niculae to the side of the face,” explained the barrister.
“The violent act took those present by surprise and caused Mr Niculae to fall to the ground before he got up.
“Robert Onicala then proceeded to punch him forcefully to the side of the head and Mr Niculae fell to the floor.”
The fracas was witnessed by several others who gave differing accounts to police.
One said that after being assaulted, Mr Niculae moved towards Alexandru Onicala but people stopped him and the two men were separated to a distance of two metres apart.
It was at that point, the witness claimed, that the defendant “jumped towards Mr Niculae and hit him with a powerful punch, causing him to fall to the ground,” the court was told.
Ion Niculae and Robert Onicala were transient workers for Mansfields fruit farm
“Mr Niculae was described as running towards the defendant’s brother before the defendant’s blow was delivered,” Mr Franklin added.
Another witness who had intervened after the slap told police that he had stepped between Alexandru Onicala and the victim, telling Alexandru to leave and pushing him away.
As the brother walked away “cursing”, Robert Onicala punched Mr Niculae, it was said.
A woman who watched the incident unfold but did not become involved said people had grabbed the defendant’s brother, who was resisting.
It was claimed Mr Niculae then stood up and took a few steps towards him, at which point he was hit by Robert Onicala.
The brothers eventually walked off and were arrested a short time later while at the farm.
Having at that stage been detained on suspicion of attempted murder, Robert Onicala lied that he had been faced with a knife during the incident.
His comments, in broken English, included “Self-defence. This man throw knife at me”, as well as “If they want to punch me, no problem” and “I’m full of wine”.
He also repeated the false allegation of being threatened with a knife by Mr Niculae when he claimed to be in pain and showed an officer a graze to his elbow.
Mr Niculae, who came to the UK seven years ago to live and work, was found by paramedics unconscious on the ground, laying on his side, covered in blankets and not breathing.
Paramedics were called but Ion Niculae could not be saved and was pronounced dead at the scene. Picture: Stock image
Despite life-saving efforts he was pronounced dead at the scene. A subsequent post-mortem examination revealed that as well as the haemorrhage he had suffered a fracture to his chin bone from the blow.
His death, said the prosecutor, was a “direct consequence” of the punch.
Onicala, of Ashford Road, Chartham, was re-arrested on suspicion of murder after Mr Niculae died.
He gave three ‘no comment’ interviews but in a prepared statement told police that after his brother had slapped the victim, he intervened with others, pushing the two men away with an open palm.
He said Mr Niculae sat down and he left because others were shouting at him.
Onicala was originally charged with murder which he denied. However, he later pleaded guilty to manslaughter which was accepted by the prosecution.
However, his plea was on the basis that he was motivated “to some degree” to support his sibling and the punch involved “recklessness” as to the harm caused.
It was accepted by the prosecution that there was no continued assault after the blow.
Two victim personal statements were written by Mr Niculae’s brother but were not read out in open court at the wish of the family.
The court heard Onicala has no previous convictions and came to the UK to help his family and support his teenage girlfriend through her education.
Robert Onicala, 20, was jailed at Canterbury Crown Court
John FitzGerald, defending, said the fatal incident occurred where “defence of another played a part” and that lack of premeditation was “crystal clear”.
Reading a letter from Onicala to the court, the barrister said his words were those of a “very sorry young man who acted so out of character” and was genuinely remorseful.
Onicala, who could be seen crying in the dock, wrote: “I am extremely sorry. I would like to say it from the bottom of my heart and would help the family if that was possible.
“I never believed I would be in this situation. I have always been a person who helps and acts from the heart. The thought that I can’t do anything to help now is killing me.”
Explaining how he hoped to train as a police officer in Romania, he continued: “It’s in my nature to help. I have never been in trouble with the law. I don’t get into trouble.
“I only came to the UK to work with my parents and to support my girlfriend with her education as she is just 18.
“My greatest concern is for the stress on my family and my grandparents. I accept the consequences of my actions and I beg forgiveness in front of God and in front of Your Honour and the court.
“I had no intention to hurt him. I interfered with a conflict. I’m extremely sad. I feel flat to the ground. I cry every day and I thank everybody for supporting me.”
Several of his family attended the sentencing hearing. In references provided to the court Onicala was described as “a truly good person with a quiet and gentle nature, full of mercy and compassion”.
But on sentencing him, Judge Simon James said that an intended day of celebration had ended with “a tragic and wholly unnecessary loss of life” as a result of the defendant’s involvement in a row over music which “neither justified nor necessitated aggression, let alone violence”.
I never believed I would be in this situation. I have always been a person who helps and acts from the heart…
He told Onicala that following his brother’s slap to Mr Niculae, he had decided to “wade in and strike a forceful blow” without thinking or trying to find out what was happening.
“Indeed, had you taken even the slightest time or trouble to try to discover what was going on, it would have been obvious to any reasonable person that there was no need for physical force at all, particularly towards a man more than twice your age, let alone the sort of violence you used,” said the judge.
“The blow you struck was a forceful one, as evidenced by the fact that it was administered with sufficient force to render a grown man unconscious, fracture his chin bone and knock him to the ground.
“Although I accept that your violence was not premeditated and that you did not intend the tragic consequences that resulted, use of such significant force, deliberately aimed at a vulnerable part of the body, must be considered to give rise to an obvious and real risk of harm.”
Of Onicala’s assertion he acted out of a desire to protect his brother, the judge continued: “He, it transpired, was in fact the initial aggressor and considering the presence of others who intervened almost immediately, there was in reality no necessity for you to become involved at all and certainly not with the ferocity that you employed.”
It was accepted however that Onicala’s judgement may have been affected by alcohol.
But on ordering that he be locked up for four years, Judge James said no sentence was “likely to go any way toward healing the grief, sorrow and heartbreak” of Mr Niculae’s family.
Onicala, who has been in custody on remand since his arrest, is likely to be deported on his release.
His guilty plea, previous good character and age were all considered in deciding the appropriate sentence.
At an earlier hearing at the same court in November last year, Alexandru Onicala, also of Ashford Road, Chartham, was handed a three-month jail term suspended for six months for an offence of assault.