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State v Padarath [2009] FJHC 32; HAC013D.2004 (6 February 2009)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC 013 of 2004

STATE

V

BENJAMIN PADARATH

Hearing: 4th February 2009
Ruling: 6th February 2009

Counsel: Ms N. Ratakele for State
Applicant in person

RULING

[1] The Applicant, who was convicted on his pleas of guilty to two counts of aggravated dangerous driving on the 25th of August 2006, was sentenced on the same day to two years imprisonment and disqualification from driving for 3 years. He was also fined $2000. He has now served his term of imprisonment and asks for the restoration of his driving licence. Six months and 16 days remain of his period of disqualification. He makes this application on the ground that he is self-employed as a real estate agent and needs to travel to transport clients to view properties. He says that taxi travel is expensive.

[2] The State strongly opposes this application saying that there has been no change in circumstances since his last application for restoration of his licence on the 20th of August 2008, and that the sentence must be fully served if it is to have any deterrence value.

[3] The Applicant made his earlier application under section 59(10) of the Land Transport Act 1988, for the removal of the disqualification ordered in August 2006. I refused that application, not only because of the seriousness of the offending, but also because he was involved in an accident after he had been released from prison on the 24th of June 2007. Although he said he had been given permission to drive by Ward P in the Court of Appeal, the Registry was not able to locate the order. I accept therefore that he drove whilst disqualified on his release from prison. Further, the facts of the case, to which he agreed, were that he drove at high speed in a vehicle with three passengers while being pursued by a police vehicle. He drove into a coconut tree near the Chinese Embassy causing the vehicle he was driving to break into two pieces. The accident led to serious injuries to Arieta Bulewa, and to the death of Julia Stark three days after the accident.

[4] For these reasons I consider that it is not in the public interest, or in the interests of the community to restore the Applicant’s driving licence. His application is refused.

Nazhat Shameem
JUDGE

At Suva
6th February 2009