By Linny Folau

Falakiko ‘Asisi Mafi (43) was sentenced to two-years six-months imprisonment, partially suspended, for reckless driving, causing the death of his wife in a road crash in 2023.

Acting Justice Langi sentenced him on 12 January at the Supreme Court in Nuku’alofa. This was after he pleaded guilty to three counts of reckless driving causing death, and two of reckless driving causing grievous bodily harm.

The accused, who resided in Houma, was married to the deceased Liviana Naivakacavu, a 42-year-old Fijian woman.

The offending was on Sunday 14 May 2023, at around 7:00-8:00pm, the deceased, accused and their three children, 'Anaika Mafi (10-year-old girl), Sione Malani (5-year-old boy) and Taniela Malani  (3-year-old boy) were returning from Lapaha on Taufa'ahau Road.

The accused had carried out various chores the previous day and had not slept. On the day of the offence, he consumed a quarter of a bottle of liquor before driving the vehicle that took his family to Lapaha. He also consumed a can of Lion Red beer there before they headed back to their home.

On the way, the accused noticed himself becoming very sleepy and in less control of his driving. His children and the deceased woke him a few times as he was leaning to the side and his head was falling backwards at times. During the drive back home, the accused overtook a vehicle driven by Niu Fatai in the Vaini area. Niu followed and overtook the accused near Funga 'Atele. The accused overtook Niu again at the ‘Atele Y  junction.

As the accused neared the Pea area, the vehicle veered off road and crashed into a vehicle parked in front of the FWC Pea before crashing into the church gate. Several witnesses rushed to the crash site, including Siosaia Tu'ineau, a passenger in the vehicle the accused crashed into. Sikipio Tu'itavake and the town officer witnessed the incident from across the street.

Meanwhile, Niu, Siosaia and Sikipio all rushed to the accused's vehicle and discovered the victim (still alive at the time) and two children lying right beside the church gate. One child lay in the middle of the road and the accused was still in the vehicle, stated the Acting Justice.

Siosaia contacted the ambulance then helped Niu and Sikipio get the children and the victim into vehicles where they were rushed to the hospital. The ambulance arrived as they left and removed the accused from the vehicle, rushing him also to the hospital.

Unfortunately, on the early morning of 19 May 2023, the deceased passed away due to severe injuries she had sustained as a result of the accident.

As for the accused's children they suffered the following injuries: 'Anaika Mafi: a right hem pneumothorax (collapse of the right lung), right lung contusion and moderate head injury. Sione Malani:  left tibia and fibula (leg) closed fracture. Taniela Malani sustained a mild head injury.

The Police later arrested and charged the accused and he admitted to the offending. He admitted to sleeping whilst driving, having a long day of work the previous day and not having slept. He has no previous criminal convictions.

The Crown submitted the following as aggravating factors in this case included the loss of life; serious injuries to two young children and alcohol was involved.

Meanwhile, in a pre-sentence report it stated that before the accused was intoxicated. He was also tired with a lack of sleep from the previous night, yet still chose to sit behind the wheel posing danger to his family that resulted in a loss of life and injuries to other members of his family.

After the offence, the accused reunited with his children in Houma, except the eldest who is still in Fiji. He took responsibility and cared for them at his family home in Houma.

Overall, the report indentified the accused as a first time offender with a low risk of re-offending. He had a strong prospect for rehabilitation and needed to undergo a program for alcohol to counter any relapse.The report recommended he be given a partly suspended sentence under conditions.

Dangerous driving

Acting Justice Langi stated the accused was driving in a manner that was dangerous.

"Additionally, his children and the deceased had constantly tried to warn him that he was drifting off to sleep. I am therefore of the view that the circumstances of this case fall under the higher end of the scale and warrants a starting point of 5 years' imprisonment. This is a lenient starting point, which I arrived at only after having regard to the fact that he must live with the knowledge that he had caused the death of his beloved wife and that his children will also suffer the consequences of his actions."

Meanwhile, to his benefit, he is a first time offender and had pleaded guilty at the first available opportunity. I also accept that he is remorseful for his conduct. For these mitigating factors I take off 30 months (2 years and six months) from the starting point, she stated.

The judge did not consider that a fully suspended sentence was warranted in this case.

“His actions resulted in the loss of his wife and serious injury to two of his children. The seriousness of his offending would not be reflected if his sentence is fully suspended. However, I believe the accused meets some of the requirements for a partial suspension of his sentence. I suspend the last 18-months of the sentence on the head count of reckless driving causing death."

Imprisonment

Acting Justice Langi then stated the suspension of a large portion of the  sentence is made  after much consideration not only of the factors outlined in Mo'unga and the Probation Report, but also considering that his children are not only motherless, but will also be fatherless for some time as a result of this sentence.

The accused was then sentenced to two-years six-months' imprisonment. The final 18-months was suspended for two-years on conditions.

He was also ordered to enrol and complete within six-months of his release from Prison both Life Skills and Alcohol Abuse under the direction and supervision of the Probation office. Additionally, his driving license (if any) he is disqualified from obtaining a driver's license for three-years from this date.

The judge stated that in relation to the three remaining counts of reckless driving causing grievous bodily harm, the accused was sentenced to 18-months' imprisonment on each and is being served concurrently with the offence of reckless driving causing death.