A 21 year old man who thought he was helping a young couple to meet in secret, is now facing manslaughter charges in the Tongan Supreme Court this week, after the couple died in a fatal motor accident in January 2003.

Heneli Saafi (21) of Havelu appeared for the first time before newly appointed Judge McElrea on August 9 at the Nuku'alofa Supreme Court to face the charge of manslaughter with negligence. The trial is by jury.

The court was told that the defendant's friend, Latu Moimoi of Lomaiviti, wanted to take his girlfriend Maliana Kakato of Kolovai to a basketball picnic at Halaika Beach and that the defendant thought that he was doing the couple a favour by agreeing to drive.

But Saafi was under the influence of alcohol, neither had a clue about driving, nor held a driver'’s license.

Prosecutor for the Crown 'Aminiasi Kefu, in his opening submission, said that on 18 January 2003 the defendant together with the deceased Latu and about five others were having a picnic at Halaika Beach in celebration of Havelu'’s basketball team.

The defendant and the deceased had both been consuming alcohol since the night before. Throughout the drinking process Latu felt the need to see his girlfriend Maliana Kakato, so he suggested that they go to get her from Kolovai where she was staying.

Latu then asked his sister 'Olivia who was also there to come along for the ride because he wanted her to go and ask Maliana...’s mother to allow her to come with them.

They went in Latu's yellow minibus with Latu as the driver, his sister 'Olivia and her friend Vika sitting in the front seat, and the defendant sitting at the back seat with two other people.

When they got to Maliana'’s home her mother would not allow ger to join them for the picnic. But as they turned back apparently Maliana disobeyed her mother and ran off to the road and stopped the vehicle and got in.

As they were heading back to the beach Latu asked the defendant to come and drive because he wanted to go and sit at the back with Maliana. And according to what the passengers told police the defendant first said no simply because he was too drunk and he did not know how to drive. But after much persuasion from Latu the defendant finally agreed and got into the driver's seat.

Half way between Ha'alalo and 'Utulau the passengers noticed that the defendant was picking up speed causing the vehicle to sway from one side of the road to the other, finally he lost control of the vehicle and crashed into a tree.

Latu and Maliana were both sitting on the side of the impact and died at the site of the accident. The others were injured, but not severely.

The prosecutor submitted to the court that it was his duty to prove every element of the defendant'’s charge and it was important to establish the defendant'’s drunkenness at the time.

He maintained that Heneli knew he was driving because he had the intention to do so and whilst driving he was indeed negligent and careless, which was depicted by him speeding and losing control of the vehicle.

The counsel for the defence, Luke Veikoso said that his client was too drunk to know that he was driving and that he did not want to drive but he was forced into it.

A total of sixteen witnesses will be called to give testimony in this case with seven jurors picked from Kolofo'ou and Lapaha.

The case will continue for the rest of this week with a decision likely to be reached on Friday 13 August.