Chief Justice overturns acquittal for obstructing a driver [1]
Monday, September 14, 2020 - 19:54
The Lord Chief Justice has remitted a traffic case to be retried at the lower court, after setting aside a Senior Magistrate’s decision who acquitted a man of obstructing a driver.
This was an appeal case by the Crown in a case, Police vs Tane Kaho (respondent) who was charged with the obstruction of a driver who was driving on the road.
Lord Chief Justice Whitten in a ruling on September 4, allowed the appeal against the acquittal and set aside the decision of Senior Magistrate Pahulu-Kuli on June 5, this year when she acquitted the respondent of the charge pursuant to s.37(k) the Traffic Act.
The case was that on April 14, 2019 the respondent was travelling in the front passenger seat of a vehicle being driven by Joe Taufa.
As they were travelling west along Vuna Road, the respondent pulled on the vehicle’s handbrake. The driver was surprised when the wheels locked up and he stepped on the accelerator, which caused the vehicle to sway off the road and hit a vehicle, parked in front of the Wesleyan Church, which then crashed and broke a power pole.
The respondent was arrested and charged pursuant to s.13(k) of the Traffic Act.
Magistrate's decision
The Crown submitted that the learned Magistrate erred in her interpretation of s.37(k). In addition, she failed to have any or any proper regard to the admissions contained in the respondent's record of interview.
The Chief Justice said, during the hearing it became common ground that the interpretation of subsection (k) as accepted by the learned Magistrate was incorrect.
Accordingly, and as both counsel agreed during submissions, the correct interpretation of s.37(k) includes any conduct which interferes with a driver's ability to safely manage and control a motor vehicle in motion.
Here, the respondent's act of pulling on the handbrake, while the vehicle was travelling at some speed was conduct, which interfered with the driver's ability to safely manage and control the vehicle.
“The matter is remitted to the Magistrates Court to be retried before a different Magistrate according to law and these reasons,” said the Chief Justice.