By Linny Folau

Viliami Tukumoe’atu (28) is serving one year imprisonment for reckless driving under the influence of the alcohol. causing the death of his father in Makaunga in January this year.

The accused was driving at excessive speed of up to 140 kilometres per hour, when he lost control of the vehicle and crashed into an electric pole.

Lord Chief Justice Bishop sentenced him on 28 July at the Supreme Court in Nuku’alofa. This was after he pleaded guilty to the reckless driving causing the death of his father Sione Tukumoe’atu (65) who was a passenger in the vehicle.

He also pleaded guilty to reckless driving causing bodily harm when he causing two deep lacerations to his fiance, Pelenatita Toa’s abdomen.

The offences were on 18 January this year when at around 11:30am the defendant was in the vehicle with his father and his fiance, who was driving because she had not consumed alcohol, but the defendant had and was intoxicated.

The Lord Chief Justice stated that he took over the driving although the deceased, his own father asked him to desist. The defendant had an argument with his father and during which he began overtaking vehicles and struck an oncoming vehicle. Whilst he was driving at 140 kilometres per hour, he obviously lost control, veered to the side of the road and collided with an electricity pole, he stated.

“The deceased, your father was ejected from the vehicle and pronounced dead on arrival at the hospital. The passenger had two deep lacerations to her left bone and lacerations on other parts of her body as well as multiple lacerations over her left lower quadrant and on her abdomen.”

Meanwhile, from the defendant’s pre-sentence report, he was observed to be very remorseful and regret his actions. The Probation Officer recommended a partial suspended sentence on appropriate conditions.

“This is a particularly bad piece of driving. You were drunk at the time. you insisted on driving although a perfectly sober passenger was doing so. You had an argument with your father who was trying to stop you and that caused you to overtake a number of vehicles and inevitably to lose control with the tragic consequences I have just mentioned.”

He added that causing death by reckless driving has an increased penalty, with the maximum of 15 years as opposed to the earlier penalty of 10 years, and there have been corresponding increases in the events of causing bodily harm by way of reckless driving and the judge said he must take into account the will of the legislature.

“In passing sentence, you do not need me to tell you what this tragedy has unfolded. You are an otherwise decent man who according to the summary of facts have no previous convictions although this is disputed in the probation report however, I will deal with you on the basis that you have no previous conviction.”

However, the defendant has led a decent life and made a productive contribution to the life of the church including its youth group.

Bitter lesson

“You have much to be ashamed of. I accept that your remorse is strong and sincere. I accept that you have been taught a very bitter lesson.”

The Lord Chief Justice said he read the moving testimonies provided, as well as the probation report and the indicative sentence report. He also considered the sentencing submissions on behalf of the defendant's counsel and to the heartfelt plea of his widowed mother with whom he lives and for whom he provides and also the injured passenger, his fiance.

The Lord Chief Justice said it was suggested that the appropriate starting point in his case should be one of five years imprisonment whereas the Prosecution submitted that the starting point should be six to seven years.

“In my view, the appropriate starting point is one of six years for count one and 18 months for count two. For count one, a deduction of two years by reason of his early guilty plea together with a further 12 months for his object remorse and his recognition of the suffering, which he will endure for the rest of his life as will his family.”

In count two, the Lord Chief Justice deducted six months for his guilty plea leaving a total of 12 months imprisonment to be served concurrent to count one because this offence was committed at the same time and as part of the same event.

He then considered whether to suspend all or part of his sentence by reference to the leading case in Mo’unga. The defendant is young, had shown remorse, this was an isolated offence, and he had made a decent contribution to the community. For those reasons, he considered that the prospects of rehabilitation in his case was excellent, and suspended the last two years of his sentence for two years, on conditions.

The defendant was then sentenced to three years imprisonment with the last two years suspended for two years on conditions. This includes when released, he must not commit any offence punishable by imprisonment during that term, will be placed on probation and his driving licence suspended for three years, among others. He is now serving one year in prison.