Ma’ati Voni Lino was acquitted of reckless driving causing grievous bodily harm, after the Prosecution had no evidence to prove the charge during a trial at the Supreme Court.

Lord Chief Justice O.G. Paulsen in a ruling on February 6 discharged Loni, when the Prosecution advised it could not take its case further, when it failed to locate its identification witness. The witness was aware of the trial and there was no explanation of his failure to appear. The jury had already been inconvenienced by delays in this case. The Police had been searching for the witness since the previous day's court hearing.

The Prosecution had alleged that on November 11, 2017 Loni, while driving recklessly on Hihifo Road, hit Fine Muli causing him grievous harm. It also claimed that Loni felt he had hit something, but nevertheless had driven on. He later returned but saw no sign of anything. 

The Chief Justice said further efforts to locate the witness had proved unsuccessful and Lino was entitled to expect the Prosecution to be ready to proceed on the days set down for his trial.

At the same time, he was advised that the evidence to be given by the witness was of a fleeting glance of the driver when it was dark.

"The Prosecution had not put forward any evidence to establish the identity of the driver of the vehicle. As that is an essential element of the offence and the Prosecution had no further evidence to offer it followed that the charge could not be proved." 

The jury had already been inconvenienced by delays in this case.

The Chief Justice then withdrew the case from the jury and entered Lino's acquittal.

The trial was held on February 4 before the acquittal.