Drunk driver jailed for manslaughter [1]
Tuesday, May 27, 2008 - 17:19. Updated on Tuesday, July 28, 2015 - 15:32.
A drunk driver who hit and killed a mentally-retarded man at Nualei in a motor vehicle accident in February was jailed for nine months today.
In the Nuku'alofa Supreme Court Tevita Finefeuiaki of Kolonga (28) pleaded guilty and was convicted of one count of manslaughter by negligence, when he hit Kitione Lavalu with his vehicle on the night of February 9 while driving under the influence of alcohol.
Chief Justice Anthony Ford said in his sentencing said that manslaughter by negligence is a very serious offence with a maximum of 10 years imprisonment.
He said to the accused that he has full credit for having no previous conviction and had pleaded guilty at the first opportunity, but the Tonga Court of Appeal has passed that in the death of any person resulting from a motor vehicle accident, a prison sentence is inevitable.
The Chief Justice added that his counsel 'Ofa Pouono made strong submissions on his behalf, and the probation report said that Finefeuiaki is a husband and a father with a 16-month year old child.
"From the report you are a community minded person who is in charge of the Kolonga village pump and other work. But the circumstances are really saddening because you made one bad decision while under the influence of alcohol that will affect you for the rest of your life", he said.
Victim
The Chief Justice said it also appeared from the report that some of the blame is of the victim who was a mentally retarded person who roamed around the roadside and this was not his first occasion on the road.
"But whatever the situation may be, you were drinking for seven hours prior to the incident and you knew very well not to drive under such conditions and it also appeared that you were driving around or if not slightly higher than the speed limit."
He said if it were not for his guilty plea, he would have imposed on him a sentence of three to four years' imprisonment but he initially sentenced him to a two years imprisonment sentence. But after considering the mitigating factors he suspended the last 15 months for two years from date of release, meaning he will serve only nine months of imprisonment at Hu'atolitoli Prison starting today, May 27.