A man has been convicted of reckless driving causing death and is sentenced to four years and six months’ imprisonment.
Petelo Luka Kauvaka, 28, pleaded guilty to one count of reckless driving causing death.
The court heard that at around 7am on or about 6 June 2024, Kauvaka, the deceased, his wife and his father were travelling to work from Lavengatonga. The intention was to drop off the deceased’s wife at Veitongo before they continued to their workplace. They all worked for South Seas Constructions Ltd, located at the Weslyan Church residence on the Railway Road Kolofoóu.
Kauvaka, the defendant, was driving, and the deceased was seated directly behind him. The deceased father was seated on the front passenger seat and the deceased’s wife was seated at the back behind her father-in-law.
Kauvaka was driving at excessive speed. They overtook a vehicle at the intersection of the road from Lavengatonga and the road to the airport. The deceased’s wife whispered to her husband to ask the defendant to slow down. The deceased told her that was the usual speed they travelled at to work. His wife was scared and closed her eyes for most of the way.
At the bush area between Pelehake and Malapo, they overtook another car and ended up on the grass to the right side of the road. Despite his attempts to get back onto the road, the defendant lost control of the car, swerving to the right side and hitting a coconut tree. The impact flipped the car landing on its left side.
The defendant crawled out through his window and the deceased father followed after him. The deceased’s wife was stuck as she was seated on the left side of the car. Her husband, the deceased was on top of her. The deceased told her he could not move and his hands and feet were numb.
Passersby were able to remove the deceased from the vehicle. Then they pushed the vehicle upright before the deceased’s wife could be rescued. The deceased was laid down on the grass. He expressed that his spinal cord may have been damaged and he was numb and could not feel his legs.
The police arrived shortly after and transported the deceased to the hospital. Unfortunately, he succumbed to his injuries and died on 8 June, 2024. Dr. Ísileli Tuípulotu reported the deceased’s cause of death as respiratory failure secondary to transection of the spinal cord injury where the phrenic nerve is located.
The defendant was arrested and interviewed on 12 June, 2024. He told the police he was driving over 70kmph when he was overtaking the vehicle and was unable to control and bring the vehicle back onto the road causing the accident.
He was married but has since separated from her wife. They had no children. He is currently in a de facto relationship and has a son with her.
He is a member of the Free Wesleyan Church of Tonga in Lavengatonga and was spoken highly of for his good character and help in the community. He is said not to have ever caused any problem or disturbance at Lavengatonga.
It was reported that the defendant had apologised to the family of the deceased and was accepted. He was described as remorseful and at low risk of re-offending. The officer made a note that the defendant lied about being married to his de facto and doubted his reliability.
As a result, the probation officer recommended a partly suspended sentence on conditions.
Sentencing, Justice Petunia Tupou convicted Kauvaka of reckless driving causing death and is sentenced to 4 years and 6 months imprisonment.
The final two years of his sentence are suspended for three years from the Defendant’s release from prison on condition that during the said suspension period, he is to:
Not commit any offence punishable by imprisonment; and
Report to the probation office within 48 hours of his release from prison and thereafter as required by his probation officer.
He was told that failure to comply with the said conditions may result in the suspension being rescinded, in which case, the Defendant will be required to complete the balance of his prison term.
“Subject to compliance with the above conditions and any remissions available under the Prison’s Act, the Defendant will be required to serve 2 years and 6 months in prison.
The defendant is disqualified from holding or applying for a driver’s licence for a period of 1 year from the date of his release from prison.”
