Fine Titaa was found not guilty today, September 29, by a jury on charges of manslaughter by negligence and reckless driving.

The seven-members jury, included four men and three women.

Fine was charged for the death of her husband Jessei Titaa (24) a Cook Islander following an road accident that took place on the By Pass Road at Pahu on 25 June 2004.

In summing up, Chief Justice Robin Webster told the jurors that on the principle count of manslaughter by negligence, the Crown must prove beyond reasonable doubt all the elements of the offence.

On June 25, 2004 at Pahu the defendant drove a motor vehicle along By Pass road, and in a grossly negligent manner caused the vehicle to swerve off the road which caused severe head injury to her husband Jessei, and eventually lead to his death.

Mr Justice Webster told the jurors that the evidence that was not disputed in court was the fact that Fine Titaa was the driver of the car and Jessei Titaa...’s death was caused by the accident. He said that what was disputed in court was whether there was gross negligence involved in both counts. Fine...’s testimony stated that she did not remember anything from when she and her husband left the Billfish Bar to the time the accident occurred (apart from her flashback of her husband shouting to her) and the evidence showing she was drinking alcohol earlier that evening, there was no evidence that showed her drinking amounted to intoxication.

Mr Justice Webster also instructed jurors that Tonga is a religious country and they might think that God has already given his judgment or he will give it on judgment day and it is not for them to judge another fellow human being. ...“But you have an obligation to judge accordingly to the evidence under the Law of Tonga and you cannot hand over that duty and leave it to God,...” he said.

The counsel for the Crown was Sione Sisifa and representing the defendant was Laki Niu.

The criminal trial was held from September 26 ...– 29.