By Linny Folau

Talifolau Letisi received a suspended sentence for being in charge of motor vehicle under the influence of alcohol at the Supreme Court in Nuku’alofa.

Lord Chief Justice Bishop sentenced him on 23 January, after he pleaded guilty in October last year.

“This was following an amended indictment filed from the Prosecution on 20 November, 2024 withdrawing count one of causing death while driving under the influence of alcohol. I found the defendant guilty of the charge on 26 November 2024,” he stated.

The alcohol blood reading was 250mg of alcohol per hundred litres of breath.

“This is a high reading which occurred in circumstances when you had the option of not driving because you were already at home and after drinking the previous night and the following morning because your daughter wished to attend a rugby training.”

He stated that the defendant could have waited until he was sober because he was alerted by his daughter at between 4 and 5 am, her appointment did not commence until 7 am.

“So you took a chance with catastrophic results. I make it plain that I am no way sentence you for causing the death of the pedestrian and I sentence you solely for being in charge of a motor vehicle whilst having consumed an excessive amount of alcohol. It is important that motorists bear in mind the importance of not drinking whilst driving or immediately before driving, this puts themselves and other road users at risk with serious consequences.”

The court heard that he was a man of previous good character with no previous convictions. He was spoken of well in the community.

Moreover, he had been in custody for two months and had taken strong measures to share his remorse by payment to the family of the deceased in substantial sums of money, food and traditional artefacts.

“Nevertheless, I take the view that no other way of dealing with you is possible other than a custodial sentence. I take as a starting of 15 months from which I deduct nine months because of your guilty plea which results in a sentence of six months.

“Because of your good character the suffering which I am satisfied has already brought about, I fully suspend that sentence I do not in your case think it a sensible use of you or the probation service to carry out a community service order and accordingly the sentence is one of six months’ imprisonment to be fully suspended for two years that means that you must not commit any offense during the subsistence of the suspended sentence if you do so that sentence will be activated,” he ordered.

“I make it plain that the substantial amount paid to the sister of the deceased is not in any way an attempt to buy leniency but simply an experience of your remorse for what happened and your attempt at rehabilitation.”

The accused was sentenced to six months’ imprisonment fully suspended for two years on conditions. This includes not committing any offence punishable by imprisonment,and is placed under probation for the period of his suspended sentence.