Man jailed for amputating pensioner's leg in park

Loved ones of a mentally ill pensioner, who died after having his leg amputated in a public park four years ago, have told a court of their despair at the lack of care he received before his death.

Kalman Tal, 66, died shortly after he paid banana picker John Yalu $5,000 cash to cut off his ankle and foot with a battery-powered circular saw in the early hours of February 19, 2022.

Yalu was today sentenced to nine years in prison after being found guilty of manslaughter.

During a four-day trial last week, the Supreme Court in Cairns heard Mr Tal had been approaching people in Innisfail for several weeks, offering to pay cash for an amputation, telling them doctors had been unable to cure chronic pain in his left leg.

Yalu, who was acquitted of murder, agreed to amputate Mr Tal's leg at the ankle, but panicked and walked away afterwards as Mr Tal bled to death.

Deceased 'needed care'

In four victim impact statements read to the court by a prosecutor, Mr Tal's siblings and son said the pensioner was a devoted family man who had schizophrenia.

"He was a good, functioning human being but he needed someone to care and monitor his medical needs," Mr Tal's younger sister, Eve Uhlmann, said in her statement.

Ms Uhlmann said when the family heard the details of Mr Tal's death, they were "horrified".

"Mum was always concerned what would happen after she passed, and who would take care of Kal," Ms Uhlmann's statement read.

"We feel like there is no closure for us as there was so much we could've done to help him after our parents' death — and we were more than willing — but that control was removed from us when he went north.

"We feel like we have let our parents down."

Brother John "Janos" Tal said he "could not understand how something so gruesome could've happened to such a gentle man … who would not even stand on an ant".

"His children needed his help but, now that he is gone, they have lost not only his presence but his love and support," his statement said.

Frank Tal said it was "beyond comprehension" his brother's life "was taken for $5,000".

"I can't understand why he wasn't referred to his psychiatrist for treatment," he said.

Mr Tal's eldest son, Filip Tal, told the court his father was a "kind and shy" man, who loved providing food for his family.

"My father's traumatic death has fractured the wider family relationship. Some of us don't talk anymore," he said.

Long way from home

In sentencing submissions, defence solicitor Michael Rodriguez told the court Yalu came from poverty on the island of Tanna in Vanuatu.

A married father of four, Yalu had limited education and first came to Australia to work on banana farms near Innisfail in 2017, returning annually for up to six months.

"The wages Mr Yalu earned in Australia supported his wife, his children and his mother in Vanuatu until he was arrested in February 2022," Mr Rodriguez said.

Crown Prosecutor Nicole Friedewald told the court Yalu was motivated by money and "did nothing … to alert authorities to what happened" even though he expected to be caught.

However, Mr Rodriguez described Yalu as "completely clueless but with a big heart", telling the court Mr Tal's "persistence" had "chipped away" at him.

"This is an extremely unlucky combination of circumstances. That's why we never have [had] such a manslaughter case in this country," Mr Rodriguez said.

"His act of kindness cost his mate's life."

A tearful apology

Through tears, Yalu rose in the courtroom to apologise to Mr Tal's family.

"I would just say that what I did — I wanted to help him — but he died from what I did," Yalu said through a Bislama interpreter.

Justice James Henry said that by acquitting Yalu of murder, the jury at his trial had taken a "merciful approach" that spared him of a mandatory life sentence.

"At one level, what you did was done to assist, but that favourable element is far outweighed by the act you chose to render such assistance by doing such violence in such a dangerous way," he told Yalu.

Justice Henry took into account Yalu's remorse, co-operation with authorities and lack of criminal history.

Due to the sentence being fewer than 10 years, Yalu will become eligible to seek parole once he has served half of it.

On Friday afternoon, Justice Henry refused an application from Mr Rodriguez to delay sentencing, expressing surprise Yalu had "dismissed his barrister who got such a good result for him" immediately after the trial.

The court heard Yalu would be placed in immigration detention and then deported to Vanuatu on his eventual release.