Jury favours reckless driving verdict [1]
Thursday, September 15, 2005 - 18:15. Updated on Thursday, May 8, 2014 - 22:08.
A driver who allegedly ran over an unconscious man on the road at Mataika, Tongatapu, last year, was acquitted of manslaughter by negligence charges by a jury today.
Viliami Manuopangai (27) was fined $400 pa'anga by Mr Justice Ford this morning, at the Nuku'alofa Supreme Court for reckless driving.
The defendant was originally charged with two counts of manslaughter by negligence, and reckless driving, which was alleged to have caused the death of Sione 'Ofa Ika'ila on 6 November 2004.
After a three-day jury trial, which started on Monday, September 12, Manuopangai was acquitted by jury yesterday on the first count of manslaughter, but they found him guilty of reckless driving.
On 6 November 2004 Sione 'Ofa Ika'ila was alleged to be lying unconscious on the middle of the road at Mataika with severe injuries. It was also alleged that he had been involved in a fist fight earlier that night, and he was badly beaten up and left lying on the road.
Manuopangai after a night on the town was dropping off a friend at Halaleva and on his way back home, allegedly ran over Ika'ila who was lying unconscious on the road.
During the trial a doctor's report revealed that there were severe head injuries and bruises in various parts of his body, and a tyre mark on his back.
Manuopangai pleaded not guilty to both charges of manslaughter and reckless driving.
Remorseful
In passing his sentence Justice Ford told the court when passing his sentence today that after listening to the counsel for the defendant...s submission for a lower penalty to be imposed it was clear by the juror...s verdict yesterday that although he was found guilty for reckless driving they accepted that he did not cause the death of the deceased.
Therefore he did not see that a prison sentence was appropriate in this case and instead imposed a $400 fine to be paid within 14 days or three months in prison. Justice Ford also suspended Manuopangai...s driving license for a year.
Justice Ford also told the court that the defendant was remorseful and had apologized to the deceased...s family and had since the accident occurred become a lay preacher of the Free Wesleyan Church of Tonga.
He was represented by legal counsel Siosifa Tu'utafaiva, with Sione Sisifa as the counsel for the Crown.