Kepueli Christopher Mafi (32) was sentenced to four and a half years imprisonment for 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 sentenced him on 2 August to four and a half years imprisonment, with the last year suspended for two years, on conditions. He was convicted after a trial earlier in May.

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.

Moments later his car struck, Taufu'i, when he was walking towards Veitongo and was in Nualei, in front of Samipeni's bus park. The deceased's left leg was fractured as was his skull and pelvis, he was bleeding from his ears, mouth and nose, gasping and unconscious when the bystanders who found him moments after he was hit, brought him to Vaiola Hospital.

The judge stated that tragically he died less than an hour after arriving at the hospital. The cause was the massive bleeding from the fractures he had sustained.

Meanwhile, the day before Mr. Taufu'i had been with his family, they had all been working together at Fua'amotu harvesting watermelons. That evening the family returned to their 'api in Pelehake.

“At some time around 11:00pm, Mr. Taufu'i wanted to go out for a drive, just to cruise around and forget about the cares of a hard day's work. His father took away the car keys, as it was his vehicle and he did not want his son to take it. The two ended up arguing. Then Mr Taufu'i decided he would walk into town. He had walked all the way from Pelehake, past Vaini and was at the Samipeni residence shortly before the bend in the road leading towards Veitongo, when Mr. Mafi came around the corner first.

“For Mr. Mafi, he spent his afternoon, the day before playing rugby and from there he had gone to Ha'atea for some drinks with his friends and team mates, including Kevini Penitani.

“I pause to note that at the trial there was no evidence of Mr. Mafi having been intoxicated. Mr. Penitani did not know how much Mr. Mafi had to drink that evening and there was no evidence that suggested he was in any way over the legal limit.

“In any event, after spending his time socialising, Mr. Mafi went to Vaiola Hospital where his sister-in-law was due to undergo surgery. As he told police some time later, the operation could not go ahead and he drove home, at what was late at night, or perhaps more rightly described as the early hours of the morning of 20 November 2023.

“There was no evidence of excessive speed. But his account to the police, which he gave some weeks later, was that he simply fell asleep at the wheel. That was how the Crown put their case at trial. They called evidence of the people soon at the scene, including Mr. Semisi Telefoni, who followed a vehicle which must have been Mr. Mafi's, moments after he drove off from the scene of accident,” he stated.

“The Crown never sought to portray it so, nor was there any evidence before me to suggest Mr. Mafi knew what had happened and that he had struck a person. He made a number of confessions to police. In each he stated he fell asleep and that he came to as his vehicle was "climbing over something in the middle of the road."

“Moreover, in his police interview he stated he felt remorseful as he was aware that it has led to a loss of life: ‘I feel guilty because it was me that caused the death.’ ”

The judge stated that Mr. Mafi had never been in trouble before, had no convictions and everything I have read of him makes the point, repeatedly, he is a good man, from a good family and has a good job with Tonga Power, a loving husband and father; a pillar of his community and church.

However, the probation report stated twice that Mr. Mafi had showed very little remorse. He did not apologise to the victim, on account of his lawyer's advice and stated that he will appeal his conviction.

“This, as we shall see, stands in contrast to the full confession Mr. Mafi gave the police which Mr. Edwards, his lawyer, encourages the Court to consider as a sign of his, Mr. Mafi's remorse. The report's author assessed Mr. Mafi as being at a "low risk" of re-offending,” he added.

Jail

The judge in considering what the correct starting point, he tuned to the guidance given by the Court of Appeal in Ikahihifo v RAC. The Court of Appeal adopted the approach taken in Gacitua v R; which stressed the importance of putting the offending in its proper position in the scale of seriousness of offending.

Of the aggravating factors referred to in Gacitua, within the 'highly culpable standard of driving at the time of the offence' category, one is present, driving when knowingly deprived of adequate rest.

“It must be the case that following an afternoon of rugby, socialising and then going to and from the hospital up to and after 03:00 hrs, Mr. Mafi knew he was tired. I note that nowhere in any account he gave the police or from Mr. Penitani, of the hours proceeding the accident was there mention of Mr. Mafi resting or sleeping. Against that, the mitigating factors include that Mr. Mafi has no previous convictions,” stated the judge.

“This Court must acknowledge there were more Gacitua aggravating features in that case than in the instant one. I have stressed that potential aggravating factors, alcohol and excessive speed have been eliminated from my assessment of this case, he stated.

“The Court is keenly aware that Mr. Mafi being sent to prison will leave a hole in the lives of his family and community. All the good things he has done stand.

“Yet, not as big a loss nor for as long, nor reverberating any the less is the death of Mr.Taufu’i, which can never be undone. He will not come back to his loved ones. Taking all those matters together I conclude a starting point of 5 and a half years is correct, when I take into account the single aggravating feature.”

The judge added that he did not lose sight of the fact that Mr. Mafi gave police a false account on 29 December 2022, when they first found him with the vehicle they had identified as being responsible.

“The very next day he admitted responsibility. So I do not consider that an aggravating factor. Though his admissions and any remorse to be attached to it is tempered by his taking the case to trial.

“He did not plead guilty and so his actions after the confession, that his lawyer has pleaded I take into account, tends not to demonstrate the remorse that has been urged upon me. For the mitigating factors and the personal mitigation I deduct 1 year. That makes a four and a half years sentence,” he ordered.

The defendant was then sentenced and disqualified from driving for three years from his release from prison.