By Linny Folau

Samiu Pese (40) was sentenced to five-years imprisonment for dangerous driving causing the death of his passenger Sioeli Seau, who was asleep in the open back of a truck, when it crashed in Vava'u.

Acting Lord Chief Justice Tupou sentenced him on 31 October at the Supreme Court, after he pleaded guilty to the one count.

The offending occured around 6:00pm on the evening of 9 March 2023, when the deceased, Sioeli Seau, went with a bottle of alcohol to his friend, the defendant, Samiu Pese's home at Holonga. They were to attend the Tonga College concert, and at around 7:00pm another friend, Poasi Finau was visiting the defendant to discuss work for the next day.

He joined the two men and heard that the Tonga College concert at Holonga was cancelled but the one at Houma was going ahead, so they decided to go to Houma's concert. When the alcohol was finished they all went in Mr. Finau's vehicle. The deceased's truck was parked at the defendant's home. The back of the van was open, not covered.

THe A/LCJ stated when they arrived at the concert Sioeli Seau got off and started dancing to the music. The concert finished around 11:00pm and the men returned to the defendant's home. The deceased passed out before they arrived at the defendant's home. So, Poasi and the defendant carried and placed him at the open back of his own truck. Poasi said to leave him there to sleep and he could drive home, when he woke up the next morning.

However, the defendant said he would take the deceased back to Leimatu'a and he got in at the driver's seat to drive the deceased home to Leimatu’a. At the time, the victim was still sleeping at the back of his truck. Poasi was travelling back to Ta'anea and followed them in his vehicle. The defendant was travelling at high speed and zig zagging on the way.

When Poasi came to the new road at Ha'alefo leading to Leimatu'a, he lost sight of the deceased's vehicle. The defendant had fallen asleep at the wheel and lost control of the vehicle allowing it to turn off the road into banana trees on the side of the road. The collision threw the deceased off the vehicle.

Poasi drove by slowly, then he spotted the deceased's vehicle in the plantation on the right side of the road leading to Leimatu'a. He saw the defendant alight the vehicle from the front but the deceased could not be seen at the back where he was sleeping. They searched for almost an hour before finding him under tall grass with the banana trees the truck crashed into, on top of him.

According to the attending doctor, it was likely that the collision with the banana trees, threw the deceased off the back of the truck. His x-rays showed cervical bone subluxation, and concluded that his neck injuries were the cause of death. The defendant cooperated with Police and admitted to the offending. He had no previous convictions.

Meanwhile, the Crown submitted the aggravating features of the offending were; a life was lost, drunk driving, falling asleep at the wheel; driving at dangerous speed and manner; no regard for his sleeping passenger's safety in an open truck with no means of safety harnessing.

As for mitigating features were: his early guilty plea, a first-time offender. Overall, the Crown recommended a final sentence of 3-years and 6-months imprisonment, with the final 12-months to be suspended for two-years on conditions that the defendant is to be placed on probation and complete a course on alcohol awareness. In addtition, it was submitted that he ought to be permanently disqualified from holding a driver's license.

Meanwhile, Mrs Seau said that the impact of the loss of her husband was the emotional sadness and sorrow. She and her husband grew and processed kava for a living and when he died, the operation ceased for about three-months. Since then one of the children has moved to Vava'u and is operating the business.

She said they did not experience any financial hardship and they are financially stable, and spoke of the defendant seeking her forgiveness, which she accepted. She also expressed that she did not wish for the defendant to go to prison.

The defendant, on the other hand blames himself for the accident and regrets his error of judgment in thinking he will get the deceased back to his family. He truly regretted that this happened and is ready to face the punishment.

The town officer also wrote to say he has known the defendant for over 4 years and that he is of good standing within the village. He is a skilled carpenter and is assisting with the building of the primary school building in Holonga. He was a member of the community police and supports sports programs for the youth and young children as well as programs for the development of the village. He also viewed him as a role model to the youth and someone, who can teach the youth about building, stated the judge.

The defendant has previous good record, cooperated with the authorities and with the positive support of is likely to use any suspended part of his sentence to rehabilitate himself.

“This was a case of bad judgment as opposed to one of premeditation but it has come at a high cost to the deceased and his family."

“However, under the circumstances, I am satisfied that the defendant is entitled for part of his sentence be suspended on conditions. I adopt the 12-months suspension suggested by the Crown."

The A/LCJ then sentenced him to five-years imprisonment, with the final 12-months of the sentence suspended for two-years on conditions. He is now serving four-years in prison.

Failure to comply with the said conditions may result in the suspension being rescinded, in which he will be required to serve the balance of his prison term. He was also disqualified from holding or applying for a driver's licence for three-years from the date of his release from prison, as ordered.