The Tongan Supreme Court has sentenced a man to three years imprisonment for reckless driving causing death.
Vaka Fanua was driving without a license when he lost control of his car, hit a minibus and then ran away from the scene of the accident as the driver of the other vehicle lay dying.
He was sentenced to four and a half year’s prison with 16 months of the sentence remitted.
In his report, the Hon. Justice Cato said Fanua had driven at a speed and in a manner which was dangerous to the public and had not paid proper care and attention. He had tried to overtake the minibus and had hit the vehicle causing it to overturn and thereby caused the death of Mr. Tikisinale Kena, a young man also in his 20s.
Kena, who was driving the minibus, was thrown out when it rolled and died later in hospital.
Fanua tried to overtake the minibus in the middle of an unmarked, sealed, straight stretch of road. It was the middle of the afternoon and there was no oncoming traffic.
He was driving so fast that he swerved off the road, skidded on a patch of gravel and in attempting to regain control drove back into the middle of the road and hit the bus at least once.
The prisoner and the other young men with him ran away.
Fanua was found guilty by the jury after a four day trial.
Hon. Justice Cato said Fanua had limited education, some health problems and was described by his mother as “quiet person who may have been injuriously led by others in his extended family.”
Fanua’s family has apologised to the family of the deceased and made compensation in the form of a cow and mats, which has been accepted.
When released, Fanua has to be of good behaviour for two years and lice where directed. He will also be on probation. If he breaks any of these conditions he may be liable to finish the suspended part of his sentence.
In his report, Hon. Justice Cato said this was the first time such a case had been heard since the Traffic Act was amended in t010 to reflect the seriousness of such crimes.
The main points
- The Tongan Supreme Court has sentenced a man to three years imprisonment for reckless driving causing death.
- Vaka Fanua was driving without a license when he lost control of his car, hit a minibus and then ran away from the scene of the accident as the driver of the other vehicle lay dying.
- He was sentenced to four and a half year’s prison with 16 months of the sentence remitted.
- In his report, the Hon. Justice Cato said Fanua had driven at a speed and in a manner which was dangerous to the public and had not paid proper care and attention. He had tried to overtake the minibus and had hit the vehicle causing it to overturn and thereby caused the death of Mr. Tikisinale Kena,a young man also in his 20s.
