A speeding drunk driver, Vilisoni Finau, was found guilty of reckless driving causing the death of another driver Tou’anga Ma’a Tonga Kamea in a collision on the roundabout intersection of Vaha‘akolo and Mateialona Roads in Nuku‘alofa, in June last year.

A utility vehicle driven by the accused, Finau crashed with a car driven by the deceased, Mr Tou’anga Ma’a Tonga Kamea. 

Kamea who suffered serious injuries from the crash, was declared dead upon arrival at Vaiola Hospital.

Lord Chief Justice O.G. Paulsen in his verdict on May 3, said the only witness to the collision was Mrs Fekita Toumo'ua, whom he found honest, credible and convincing. 

“Her evidence was hardly challenged in cross­ examination and nothing that was put to her led me to doubt her recollection of events,” he said.

Intoxicated

The Chief Justice found the following proven beyond reasonable doubt. 

During the evening of the crash, Finau attended social functions, drunk alcohol and became highly intoxicated.

“At around 11.30pm and while intoxicated, Finau was driving his utility on Vaha'akolo Road towards the intersection with Mateialona Road. He was driving at high speed. Whilst there is street lighting around the intersection it is not well lit. 

“There was a visible sign on Vaha'akolo Road approximately 34 metres from the intersection indicating a roundabout ahead. There was also a give way sign controlling entry into the intersection. 

“While travelling on Vaha'akolo (around the entrance to Queen Salote College), Finau passed the car driven by Mrs Toumo'ua. He then travelled north on Vaha'akolo Road and without slowing or breaking he entered the intersection with Mateialona Road.”

He said, due to his failure to exercise proper care and attention and excessive speed, Finau failed to negotiate the roundabout, and drove over the top of the roundabout and the utility collided with the car driven by Kamea, which had earlier entered the intersection.

"As a result of the collision the deceased suffered serious chest and pelvic injuries, which caused him to die either immediately or within a very short time of the accident."

Reckless driving

Meanwhile, the defense counsel argued that Finau was not responsible for the collision and did not cause the death because he had the right of way at the intersection. 

The Chief Justice rejected this argument.

He said, assuming for present purposes that Finau had the right of way, that did not absolve him from the obligation to maintain control of his vehicle and drive safely with due attention and regard for other road users and noted the Traffic Regulations.

“In driving whilst intoxicated and at excessive speed and failing to keep a proper lookout when entering an intersection, Finau was unable to negotiate the roundabout. This created a serious and obvious risk to other road users.

“It is difficult to see how Finau could have driven in a more reckless or dangerous manner,” he said.

“It is not correct that Kamea failed to give way and therefore caused his own death. Kamea entered the intersection before Finau and could not possibly anticipate that Finau was driving intoxicated, at high speed and would not negotiate the roundabout."

He said, had Finau kept a proper lookout, driven at a reasonable speed or negotiated the roundabout this collision would not have occurred.

"It was the manner of Finau's reckless and dangerous driving that was the principal if not the sole cause of both the collision and the resulting death of Kamea.”

Finau will be sentenced on a later date.