By Linny Folau

Petelo Luka Kauvaka (28) received a two-year six-month sentence for reckless driving that caused the death of his 20-year-old nephew, Tevita Fasi.

The accident occurred when he sped excessively, causing the vehicle to flip and hit a coconut tree on the road between Pelehake and Malapo. Justice Tupou sentenced him to four years six months, with the final two years suspended, in the Supreme Court, Nuku’alofa on 18 March.

He pleaded guilty to the one count in January.

The offending occurred at around 7:00am on 6 June 2024, when the defendant Kauvaka, the victim Tevita Fasi (deceased), his wife, and his father were travelling from Lavengatonga for work. The plan was to drop off the deceased's wife at Veitongo before proceeding to their workplace at South Seas Constructions Ltd. on Railway Road in Kolofo’ou. The judge stated that the defendant was driving, with the deceased seated directly behind him. The deceased's father was in the front passenger seat, and the deceased's wife sat at the back behind her father-in-law.

The defendant drove at high speed and overtook a vehicle at an intersection of the road from Lavengatonga and the road to the airport.

The deceased's wife asked him to slow down, but he said it was their usual speed. She was scared and shut her eyes. Near Pelehake and Malapo, they overtook another car, veered onto the grass, and lost control. The car swerved to the right side, hit a coconut tree, and flipped onto its left side.

The defendant crawled out through his window and the deceased’s father followed after him. The deceased's wife was stuck as she was seated on the left side of the car. Bystanders removed Tevita Fasi from the vehicle and then pushed it upright to rescue his wife.

The injured man was placed on the grass. He reported potential spinal cord damage and indicated that he was experiencing numbness and an inability to feel his legs. The police arrived shortly after and transported him to the hospital. He later died from his injuries on 8 June, 2024.

When arrested and interviewed on 12 June 2024, the defendant stated he was driving over 70km/h while overtaking a vehicle and failed to regain control, causing the accident.

The attending doctor reported that the cause of death was respiratory failure resulting from a spinal cord injury at the location of the phrenic nerve.

The Crown submitted that the aggravating factors of the offence were: the severity of the offence; driving at excessive speed with three passengers inside the vehicle; overtaking another vehicle at high speed; losing control resulting in the vehicle flipping and the death of Mr. Tevita 'Afa Fasi; and driving without a driver's licence.

The mitigating factors included that he was a first-time offender, cooperated with the police, pleaded guilty early, showed remorse, and apologized to the family. The judge noted that the apology was accepted by the family, and he was seen as remorseful and at low risk of reoffending. However, the probation officer highlighted that the defendant lied about his marital status and questioned his reliability, recommending a partly suspended sentence under conditions.

The maximum penalty for reckless driving causing death is 15 years imprisonment. The defendant drove at excessive speeds, exhibited a pattern of aggressive and dangerous driving, and did not possess a driver’s licence, said the judge. Finding three aggravating factors, the judge set a starting point of six years imprisonment plus six months for driving without a licence.

In mitigation, the defendant is young, has no prior convictions, and pleaded guilty early. This led to a two-year reduction in the starting point, resulting in a final sentence of four years and six months imprisonment.

The judge accepted that he has apologized to the family of his deceased nephew. Based on the principles in Mo'unga and his circumstances, the Crown and Probation accepted that part of his sentence should be suspended. Thus, she suspended the final 24 months of his sentence with conditions.

The defendant was sentenced to four years and six months, with the final two years suspended for three years upon release, contingent on conditions. Non-compliance may revoke the suspension, requiring him to serve the remaining term. He is currently serving two years and six months in prison, and his driver's license is suspended for one year after his release.