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State v Kunabuli [2006] FJMC 20; Traffic Case No 1178 of 2005 (19 September 2006)

IN THE RESIDENT MAGISTRATE’S COURT
AT SUVA

Traffic Case No. 1178 of 2005

STATE

V

ISIMELI KUNABULI

Prosecution: Insp. Suruj
Defence: Mr A Singh.

JUDGMENT

The accused has been charged for Careless Driving contrary to S99 (1) & 114 of the Land Transport Act.

Particulars are on 8th of March 2005 defendant drove a motor vehicle GN295 on Grantham Road without due care and attention.

The complainant says he was driving through Grantham Road. He wanted to turn right into a side road. He gave his indicator and was about to turn into the junction when the vehicle driven by the defendant tried to overtake him and collided into complainant’s vehicle. PW2 who lives few meters from Grantham Road witnesses the collision. He was waiting for a friend to come to his house so kept a lookout for friend’s vehicle. He saw a vehicle turning into his junction so noticed it. He then saw another vehicle hitting the first one driven by a young policeman identified as the accused. He had seen the indicator of the 1st vehicle so knew it was turning. He said the accused vehicle had come from no where and hit into the vehicle turning right. He described the vehicle of accused as ‘fast’.

The third prosecution witness was police officer who attended the scene of accident and drew the plans. He said the impact was in middle of road or on the line. Complainant’s right fender, tyre and bumper were damaged. The police vehicle’s bumper bonnet, tyre and fender were damaged. He said complainant’s vehicle was pushed forward 11.6 meters from point of impact.

He admitted there was some writings on the plan which was not his. He also twinked the rough sketch plan to make straight line and other drawings. He said B-4 used 6.8 width of road on the plan written in original ink was not his writing. The weather that day was fine. The road was reasonably busy.

The defendant gave sworn evidence. He said he was on his way to pick up his boss at Ratu Sukuna House. He was not in a hurry. He saw complainant’s vehicle in front – 1 car length away. He said complainant put his indicator and moved forward left of the road. Defendant moved on straight from left side of road. He says the road was wide enough for two cars. He said the complainant collided into his left front tyre and fender. He also thought he was making a ‘U’ turn.

Defendant applied his brakes and moved to the right. He signed the plan but it did not have any twinks. He says he drove at 15 to 20 kmph speed.

In cross-examination defendant said he thought the complainant wanted to park then suddenly he made a ‘U’ turn.

I have considered whole of the evidence.

The complainant and defendant version are conflicting. However, the only independent evidence before court is that of PW2. He was also very attentive as he was waiting for his friend to come and kept a look out on the road.

The collision took place in his view only meters away from where he stood. He saw the complainant’s vehicle indicator to turn right and as it was doing so, the vehicle driven by the defendant came from ‘nowhere’ and collided into it.

I find his evidence credit worthy and description vivid. Even without the plans drown by the police officer; I am satisfied that the version given to court by the complainant is fully supported and corroborated by the independent bystander (PW2).

Furthermore the damage to complainant’s vehicle is consistent with a collision whilst making a right turn.

The accused has given his opinion that he thought the complainant was stopping and then he thought he was making a "U" turn. He earlier said the complainant was turning left makes his version difficult to accept. His driving was below that of a prudent driver on the road.

He was also not to overtake when a vehicle is in the middle of road indicating to turn right.

I satisfied beyond reasonable doubt that the defendant is guilty as charged.

Dated this on the 19th day of September 2006.

Ajmal Gulab Khan
RESIDENT MAGISTRATE