Simione Ikahihifo (55) was sentenced to seven-years and six-months imprisonment for dangerous driving causing the death of 'Aisea Kaifa (66) on Hihifo Road at Sia'atoutai in August 2020.

Hon Mr Justice Niu sentenced him on April 13, after initially pleading guilty to two counts of dangerous driving causing death and causing grievous bodily harm, at the Nuku'alofa Supreme Court.

The judge said on August 11, 2020 the accused was drinking liquor with a friend and already drunk he drove his van to another friend, who was at a tax allotment in Nukunuku. He had a bottle of liquor, which had been mixed and all three drank all of it around mid-afternoon.

When that bottle was empty, the accused then drove and all three went to the next village, Fatai and bought another bottle of liquor and went back to Nukunuku and continued drinking.

The accused then left with Sione in his van, driving back to Longolongo, where he stayed at about 9:45pm.

The judge said, after the accused went past Fatai he was travelling at a speed of about 80 to 100 kmph, well above the allowable maximum speed of 70 kmph at that part of the road. 

He then attempted to overtake a motor vehicle travelling to town also and which was travelling at a much slower speed than that maximum speed limit, but at that precise moment another motor vehicle was travelling towards him on its lawful lane into, which he had gone to overtake the vehicle in front of him.

"The driver of that on-coming vehicle was the deceased. He was so taken by surprise, that all he could do was shout "'Oiaue!" Your vehicle and his vehicle crashed into each other. His vehicle was about parallel with the vehicle which you were attempting to overtake when your vehicle hit his vehicle."

'Aisea died instantly as a result of the crash. While, his foster daughter, 'Ana Na'a who was sitting in the front passenger seat of his vehicle sustained severe fractures to both her legs and other injuries.

Jailed

Probation revealed that the accused was deported to Tonga from the United States in 2010, because he was an overstayer.

The judge said, causing death by dangerous driving must accept that the Legislature has enacted that the maximum sentence for dangerous driving causing death be increased from 10-years imprisonment to 15-years, and it did that in 2015 because of the increasing number of deaths on the road caused by dangerous driving, in particular, drunk driving. 

"The aim of that enactment is to deter drunk and dangerous drivers from driving. The Legislature has left it to the Courts to impose sentences upon drunk drivers who have caused death with sentences that should deter them and others from drunk driving in future, so that deaths on the road would be prevented, so that lives would be saved. I am obliged to uphold and to apply that law to prevent deaths on the road."

A deterrent sentence should be one that is closer to the maximum sentence than one which is farther away from the maximum sentence enacted by the Legislature for the offence, he said.

"People in Tonga like 'Ana and people who come temporarily like tourists and people like 'Aisea who come from the U.S to rebuild his family home at Ha'apai, all have the right to be protected whilst they use the roads in Tonga. They have a constitutional right to that protection."

The accused was then sentenced to seven-years six-months imprisonment.

The judge said, although he was a first offender, he was not a young person at 55-years old and ought to have known better.

Yet he knowingly drove from his place at Longolongo to Nukunuku, after being already drunk with a bottle of liquor and knowing he would have to drive back to Longolongo, he said.

"You knew very well what you were doing, namely that you were drunk and that you should not be driving. Yet you chose to drive and you chose to do so at excessive speed, such that you had to overtake the vehicle in front of you, knowing very well there was another vehicle causing towards you."

“In addition, when the police asked him about what happened, he chose not to say anything and did not cooperate. He did not want to take the responsibility for his action. I consider that he only pleaded guilty because the evidence against him were overwhelming,” said the judge.