By Linny Folau

Piisi Finau (31) was found guilty on four counts that included dangerous driving, when he crashed a Range Rover into a power pole causing the deaths of two of his passengers and injuring another two, at Nualei in 2022.

After a trial, Justice Garlick found him guilty on all charges of dangerous driving that caused the deaths of Tevita Foliaki and Livela Kaufusi, one of causing grievous bodily harm to ‘Alanoni Kaufusi and another charge of causing bodily harm to ‘Ana Fifita.

The judge rejected the defendant's evidence claiming that he was not the driver.

He said there was no dispute that on 21 September 2022, a Range Rover motor car, registration number L25132, was being driven on Taufa'ahau Road at a speed and in a manner that was dangerous. The driver lost control of the vehicle, which left the roadway and struck a power cable pole, causing severe damage to the vehicle.

Two passengers, Tevita Foliaki and Liviela Kaufusi, were killed in the collision. Another passenger, 'Alanoni Kaufusi, was severely injured, and there was no dispute that her injuries amounted to grievous bodily harm. Another, ‘Ana Fifita, was less seriously injured, and her injuries amounted to bodily harm.

“The only issue that was in dispute was who was driving the car at the time of the collision. The Prosecution's case was that the defendant was driving the car, while the defence case was that Tevita Foliaki was driving the car and that the defendant was a passenger,” the judge stated.

Meanwhile, the defendant gave evidence and agreed that he was the driver on a journey from Fasi ('Alanoni's residence) to Lapaha. He also agreed that he was the driver when they left Lapaha. He also agreed that he had consumed alcohol from 8:00pm onwards on 20 September 2022 and confirmed that he had recorded three different statements to the police.

The defendant then claimed that he wrote a voluntary statement but told the court that he made it only because his sister told him to take the blame for the collision.

In his initial statement to the police, he stated that he could not recall what had happened. In his second statement to the police, he changed his account and claimed that Tevita Foliaki was the driver, who, after they had departed Lapaha, went to a house behind Hu'atolitoli prison to see a person, who would have been angry if any random individual approached that house.

He then gave evidence saying that he closed his eyes from then on. Finally, in his voluntary statement, he stated that he was the driver of the vehicle, and that he was speeding and intoxicated when he was driving, which led to the accident.

The defendant told the court that the only reason he wrote this letter was that his sister had told him to take the blame. However, significantly, when his sister gave evidence, she said that what she actually told him was "If you were the driver, go and take the blame", the judge stated.

The judge heard from the evidence of Prosecution witnesses, including passengers in this vehicle, who stated that the defendant was the driver.

Having carefully considered the evidence of all the witnesses, including the defendant, he found the defendant was indeed the driver of the car at the time of the collision.

"I reject his evidence that he was not the driver. His evidence to the court was untruthful about this matter."

Moreover, he found that the defendant's driving at the time of the collision was dangerous, by reason of the speed at which the vehicle was being driven and the fact that he was drunk.

The judge also found that the defendant's dangerous driving caused the collision, the deceased mentioned in counts one and two of the indictment died as a direct consequence of his dangerous driving, and the injuries sustained by the other two passengers was a result of the collision.

The defendant was then found guilty on all counts. He is expected to be sentenced in January next year.