Filipe Tongamoa (20) was jailed for dangerous driving causing grievous bodily harm to his passenger, who was on life support for six-days. The court heard that Tongamoa was intoxicated when he lost control of his vehicle and crashed on Hihifo Road in 2022.

Hon. Mr Justice Cooper sentenced him to two-years and five-months' imprisonment, at the Supreme Court in the Nuku’alofa, yesterday, after pleading guilty. The last 18-months was suspended, on conditions. 

The offending was on 24 June 2022, when Tongamoa and and his friends were celebrating Mate Ma'a Tonga day at his home in Puke.

The judge said a lot of beer and punch was drunk during the afternoon and later on, a decision was made to buy more alcohol and five of them gathered got into a grey Cube car to go to the shops.

“Mr. Tongamoa was driving and in the front passenger seat was Brandon Luani. In the rear behind Mr. Tongamoa was Sitiveni Lutui, and in the back were Seniloli Vivili and Siosiua Piutau, behind the front passenger seat.

“Vivili had arrived later, mid-afternoon from school and had not been drinking. From what was reported at the scene, Mr. Tongamopa must have been very drunk when he got into the car to drive.”

Collision

Tongamoa drove his vehicle along the Hihifo Road, heading east and was close to the turning to Tu'atakilanga when he lost control of the car.

“Piutau thought they were travelling in the order of 70 to 80 kilometres per hour, and at this point two vehicles were driving towards them.

“The first was a double cabbed van, driven by Pulu Finau, the sole occupant. He saw Tongamoa's car swerve into his lane for no discernible reason, the driver appeared to try to correct its course but that was unsuccessful in that the side of the Cube car struck the side of Finau's van.

“The front windshield of van the smashed, the steering wheel was driven into Mr. Finau's stomach and caused him great pain.

“The judge said the air must have been knocked out of him by the impact and the effect of the steering wheel striking his middle as he then had difficulty breathing and had to remain in his van trying to collect himself.

Collided with police vehicle

Meanwhile, travelling behind Finau, at a distance of some approximately 20 to 30 meters was Officer Vahafolau Taufa in a marked police vehicle.

The officer first noticed the grey Cube car that Mr. Tongamoa was driving when it swerved into the on-coming lane, on his side of the road. He described the movement of the vehicle as being first a swerve into the wrong side of the road and a movement further still across that lane.

Officer Taufa said he stopped his vehicle to see what was happening.

“The grey Cube car then corrected its course to some extent but still was on the wrong side of the road and hit the front right of the double capped van ahead of him. The impact centred on the off-side rear passenger door of the Cube car, next to where Lutui sat.

Mr. Tongamoa's vehicle after hitting the van then continued towards the vehicle Officer Tafua was in.

“The officer took evasive action, quickly reversing. Even so the Cube car still hit the front bumper of his vehicle.

“As far as I can make out the damage to the police vehicle was minimal and the officer not injured; entirely the result of his quick thinking and, no doubt, police training. Both sets of submissions suggest that the collision took place after the defendant tried to over take traffic ahead of him,” the judge said.

"It must therefore be concluded that the accident happened simply because the defendant was so intoxicated and travelling so fast in a residential area."

Officer Taufa went to the grey Cube car. He could see that Mr. Tongamoa was, in his words, "very intoxicated and Lutui had a face injury and was clearly in pain."

The doctor reported that Mr. Lutui suffered hairline fractures to his ribs on his right side, a bilateral lung contusion and pneumothorax as well as fractured right femur.

He was admitted to hospital, was admitted into intensive care and underwent an emergency operation to insert two chest drains and given intravenous antibiotics. He was provided intubation and mechanical ventilatio and remained on life support for six-days.

“On the other hand, Mr. Finau's hand was injured and was struck in his stomach by his own steering wheel, from the force of the impact. His van was damaged to the extent of the windshield being smashed.

Rugby player

Mr. Tongamoa had never been in trouble before.

His pre-sentence report stated him as an impressive record as an intern, working hard and attending punctually. He has a bright future as a rugby player and has a chance of a place with a team in France on account of his performance in Samoa during an under 20's championships there and was described as gifted.

He was reported to be remorseful and had truly apologised and posed no significant risk to the community and that he ought to be given a second chance. The recommendation was for a fully suspended sentence.

"The true nature of how close the victim came to dying should have been spelt out. Those aggravating features should also have referred to how Mr. Lutui was on life support for six-days and in intensive care and there were grave concerns for his life.

“The aggravating features ought to have delt on the fact that two other passengers in the defendant's car were knocked unconscious, albeit only briefly."

“Doing the best I can for this young man and bearing in mind all the good qualities he is said to have, I will suspend 18-months of the two-years five-months sentence."

This on conditions that he will be on probation, live where directed and must complete an alcohol awareness course, ordered the judge.