By Linny Folau

A Crown application was granted to appeal against the sentencing of Falakiko ‘Asisi Mafi (43) on the grounds that it was manifestly inadequate for reckless driving, causing the death of his Fijian wife.

‘Asisi was sentenced in January this year to two-years six-months imprisonment, with the final 18-months suspended for two-years on conditions. This means he is only serving 12-months in prison.

In the Supreme Court, Justice Heath in granting the application on 12 April stated that the Crown had applied for leave to appeal against an effective sentence of 12-months imprisonment: calculated on the basis of an end sentence of two-years and six months imprisonment with the final 18-months suspended for a period of two years on conditions.

The charges involved reckless driving causing both bodily harm and death with the sentence passed by Justice Langi on 12 January this year.

The Crown contended that the sentence imposed was manifestly inadequate, having regard to the judgment of the Court of Appeal in Ikahihifo v R. 

“Having read the sentencing remarks of Langi J and the affidavit tendered in support of the application for leave to appeal, I am satisfied that it is appropriate to grant the application,” said the judge.

The Crown shall file a notice of appeal within 14-days of the issue of this decision; and the Registrar shall refer the appeal to the Acting Lord Chief Justice for further directions; including the question whether the appeal should be listed in the coming May session of the Court of Appeal or later in the year, he stated.

The sentence started when it was imposed.

Wife’s death, children injured

In his trial, ‘Asisi who lived at Houma, had pleaded guilty to three counts of reckless driving causing the death of his wife Liviana Naivakacaku, a 42 year old Fijian citizen; and two for reckless driving causing grievous bodily harm.

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. Siosaia and others 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,

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

The accused's children suffered 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 had no previous criminal convictions.