New Zealand’s first female judge of Tongan heritage was moved to tears by a grieving family’s extraordinary forgiveness of a young woman whose dangerous driving killed her pregnant teenage friend and unborn baby.
Judge Soana Moala became emotional during sentencing at the Manukau District Court after the family of 19-year-old Kydejah Kisiona told the court they had forgiven Vavatau He Kakala Elizabeth Nau Bing, 23, despite the devastating loss of two lives.
Kisiona, who was 34 weeks pregnant, died two days after Bing crashed into a tree in Tōtara Heights, South Auckland. Her unborn daughter also died as a result of the collision.
According to court proceedings reported by NZ Herald/Open Justice, the two close friends had been inhaling nitrous oxide, commonly known as laughing gas or “nangs”, before the crash.
Bing, who had reportedly been deprived of adequate sleep, lost consciousness while driving, causing the vehicle to leave the road and strike a tree.
Extraordinary forgiveness
In an emotional victim impact statement, a representative of Kisiona’s family said they had chosen forgiveness rather than allowing anger and hatred to dominate their lives.
The family described Kisiona as their “perfectly imperfect child”, remembering her loving personality, infectious laughter and devotion to her family.
Despite their grief, they wanted Bing, who had shared a sister-like relationship with Kisiona, to rebuild her life and remain with her own children.
Judge Moala, who was born in Tonga and appointed to the District Court bench in 2016, reportedly had tears rolling down her face as she listened to the statement.
She told the court that, throughout her judicial career, she had never heard such a powerful expression of love and forgiveness.
However, she reminded those present that forgiveness could not remove criminal responsibility.
“Our law, it applies to everybody, even to those who are forgiven,” she said.
The judge acknowledged that the family’s wishes had significantly influenced her decision to impose home detention rather than imprisonment.
Home detention instead of prison
Bing was sentenced to 12 months’ home detention and disqualified from driving for three years after admitting charges of dangerous driving causing death, driving while disqualified and possessing a psychoactive substance.
The court considered her guilty plea, remorse, rehabilitation efforts, young age and the impact imprisonment would have on her child.
Judge Moala made clear that the family’s forgiveness had ultimately tipped the balance in Bing’s favour.
“That’s the only reason you are not going to prison today,” she told Bing.
Following the sentencing, members of Kisiona’s family were seen embracing Bing in an emotional conclusion to the proceedings.
Police have meanwhile warned that inhaling nitrous oxide can impair judgment, coordination and consciousness, posing a serious danger when driving.
The sentencing proceedings were reported by NZ Herald/Open Justice.
