By Linny Folau

Kepueli Christopher Mafi (32) was found guilty of dangerous driving causing the death of ‘Ahotau Taufu’i who was walking on the side of the road at Nualei, in the early morning of 20 November 2022. The accused drove off, while the victim’s body was found by others.  

Justice Cooper convicted the accused after finding that the Prosecution had proven the charge beyond reasonable doubt, in a verdict on 24 May, after a trial at the Supreme Court in Nuku’alofa. He will be sentenced on 19 June.

The court heard that on 20 November 2022 at around 4:00am, Mafi was driving along the Taufa'ahau Road in an easterly direction approaching Nualei. He was the sole occupant of that car, a blue Toyota Ractis.

It was undisputed that moments later his car struck, Mr Taufu'i, when the victim, was in Nualei, in front of of Samipeni's bus park. He died of his injuries soon after at Vaiola Hospital. He suffered a fractured skull and multiple fractures to his body, including fractured clavicles, his right ribs, his pelvis and left femur, with massive bleeding due to polytrauma.

Only a few minutes before, Mr. Taufu'i had been seen outside the Nualei Restaurant, 374 meters east of that spot where  his body was found. He was walking west along the Taufa'ahau Road, unknowingly towards the on-coming Mr. Mafi, who was driving in his car.

Police Officer Lea'aemanu took over the ensuing investigation. The blue Toyota Ractis had become the vehicle of interest by late November 2022, stated the judge.

The defendant was arrested on 30 December 2022.

Witnesses

The court heard the agreed facts included that of Solomone Kaumatule seeing a small car driving past him, the car was making a loud noise as it drove past him. At about 4:09:30, the footage captured the blue car driving past the Nualei cargo warehouse. Immediately after this, Timothy Palusi and Sefita Tonga'uiha, both of whom were driving into town in a white SUV, saw a body lying on the road and a part of a motor vehicle on the road. They stopped to check what had happened.

Meanwhile, the accused continued to drive heading east to Ha'asini, and he heard a noise of something that ·was dragging beneath the blue car, and at times he stopped to try and fix it. 

On 29 November 2022, the Police seized the blue car on the basis that the blue car was missing its front, left inner fender (or mud guard) and the inner left fender (exhibit) fit into the car.

On the same day, the accused voluntarily informed Police that he was in Vava'u for work purposes at the time of the accident and that it was his brother who had caused the damage to the car. Then on 30 November 2022, he voluntarily contacted Police and informed them that he wanted to make another statement and claimed that he had been at his in-law's place in Fanga since 1:00pm on Saturday and was driving back from Fanga to Ha'asini in the early hours of Sunday morning.

The accused also informed Police that he dozed off and continued to dozed off, while he was driving, as he approached Samipeni's house. Suddenly he felt his blue car jump but he assumed it had been a rock, so he continued to drive, heading east. He also stated that he assumed that he hit a rock because there was no blood on the car. He also accepted in his interview that he was remorseful because his driving had led to a loss of life.

Proven

In his 59 page judgment and reasons, the judge stated that a number of witnesses were called including people who arrived at the scene of the accident almost immediately in the aftermath; 'Ofisi Finau and Lu'isa Pasi, Solomone Kaumatule, who saw a small car pass him heading in an easterly direction, as well as Timothy Palusi and Sefita Tonga'uiha who came upon Mr.Taufu'i body in the road moments later as they drove into town.

“In my review of the case I have re-read all my notes, considered the CCTV, along with all the submissions. I have come to the clear view Mr. Taufu'i was walking on the right side of the road at the material time.”

“In drawing the threads of this case together and addressing the elements the Crown have to prove to the requisite standard, I note the agreed facts and submissions have considerably narrowed the issues. The only two elements left to be proved, were submitted to be: in a speed and manner, having regard to all the circumstances might be dangerous to the public; and caused the death of 'Ahotau Taufu'i.

“I am quite sure that Mr. Mafi was driving dozing off at the moment of the accident. That is the plain meaning of what he told police 30 December 2022 and 1 January 2023 when he said he dozed off.”

The accused also related that time of his dozing off to driving past the Samipeni's residence and that "the car jumped or lifted a little". In his voluntary statement he wrote out these words "I was responsible for the accident that caused the death."

“All three points are objective facts, when viewed together and also when viewed in the context of his admission that he fell asleep, force me to conclude that Mr. Mafi's driving in the condition he was in, posed a real danger to the public. Whilst driving in a manner that was dangerous to the public, he hit and killed Mr. Taufu'i.”

He stated that for the reasons set out above, he was quite sure Mr. Taufu'i was standing at the time.

“... it was Mr. Mafi, driving at a significant speed and falling asleep at the wheel, causing him he drive into and kill Mr. Taufu'i; and that must amount to dangerous driving.”

The judge then ruled his dangerous driving was the direct cause of Mr Taufu'i's death and found him guilty of the offence.