The Supreme Court has sentenced Vainiaku ‘Aisea, 38,
on a charge of reckless driving causing death and reckless driving causing
grievous harm.
‘Aisea was sentenced to two years and three months in
prison on the first charge and one year and six
months imprisonment on the second charge to be served at the same time.
The last 21 months of his sentence have been suspended
on probation on condition that he not commit any imprisonable offence and that
he obey the directives of the probation service.
He has been disqualified from driving for 12 months.
The court was told that on July 14 last year ‘Aisea
was driving west on the By-Pass Road heading towards Teufavia Park to attend a
parade. The speed limit is 40kph, but he was travelling between 50-70 kph.
‘Aisea was following two vehicles and attempted to
pass them. There were vehicles coming in the opposite direction and one of
those vehicles, a truck, attempted to pass vehicles in front of it.
Fearing a head on collision, the accused veered to the
right and drove off the road into the corner of an intersection where Hinemoa
Mahoni, 12, and her sister Katalina Mahoni, 20, were waiting for a bus.
Hinemoa was crushed between a gate and electric post. Katalina
suffered injuries to her arm and was released. Hinemoa never regained
consciousness and died the next day.
The victims’ father came to Court to support Mr. ‘Aisea and ask that the Court exercise
leniency on his behalf.
“This is a terribly sad case,” Lord Chief Justice
Paulsen said.
“One cannot but have considerable sympathy primarily
for the victims and their family, but also for Mr. ‘Aisea who has the burden of
living with the guilt of what he has done.”
The judge said ‘Aisea had provided money and goods in
the traditional Tongan manner to the victims’ family and had been forgiven.
“This is not a case where I can find that Mr. ‘Aisea’s
moral culpability was low nor was the
accident the result of a momentary lapse of attention,” the judge said.
“To fully suspend his sentence would fail to recognise
that a human life was lost and another person seriously in jured. It would
also fail to
deter others from
taking unnecessary risk on the
road in similar circumstances.
“I do however consider that a substantial
suspension of the
sentence is justified.”
The main points
- The Supreme Court has sentenced
Vainiaku ‘Aisea, 38, on a charge of reckless driving causing death and reckless
drivingv causing grievous harm.
- ‘Aisea was sentenced to two years and
three months in prison on the first charge and one year and six months imprisonment on the second charge to
be served at the same time. The last 21 months of his sentence have been
suspended.