Vaka Fanua (20) was sentenced to three-years imprisonment after being convicted for reckless driving that caused the death of Tikisinale Kena on a road in Feletoa, Vava’u, on August 19, 2015.

Hon Mr Justice Cato during sentencing on 21 April said Fanua had driven in a speed and manner which was dangerous to the public and had not paid proper care and attention to other users of the road.

He had tried to overtake the victim’s minibus, hit the vehicle causing it to overturn and caused his death.

Tikisinale Kena, in his 20s was driving and was thrown from the bus as it rolled on impact and later died in hospital.

The court had heard the prisoner, an unlicensed driver, had traveled from Leimatu’a to Neiafu with other young men to hire a rental car. On the return journey, Fanua drove the car having been asked to do so. In the area of Feletoa in mid-afternoon, he went to overtake a minibus on a straight road. 

The judge said he accepted that the minibus was travelling over the middle of the road on an unmarked sealed road and there was no oncoming traffic. 

"However, the prisoner was travelling at a speed, which when he was forced to veer out towards the edge of the road caused him to have to drive off the road. I think it was this swerving movement at a speed, which in the circumstances was excessive (although not over the speed limit for the area which was given at 70-80km), that caused him to lose control, resulting in his skidding on gravel and or grass of the right side of the road," he said.

In an effort to regain control, the prisoner corrected and drove back to the middle of the road impacting with the middle of the bus, causing the bus to roll over several times, leave the road with the deceased being thrown out of the bus.

The prisoner and the other young men did not attempt to help but ran away with one of the group driving the vehicle back to Leimatu’a. The charge was defended by him maintaining that he was not speeding and that the minibus was not on the right side of the road.

"The jury did not accept this and returned a guilty verdict."

The judge in imposing the three-year sentence suspended the final 18-months on conditions.

This was due to him being a first and young offender and with rehabilitation will most to reoffend.

“I do not think it appropriate or in the public interest to fully suspend a sentence for offending of this seriousness which, although at the lower end, has resulted in death.”

Mrs 'Elisapeti Langi was the counsel for the Crown with Mrs Taufateau for the prisoner Fanua.