Count 7: nbsp;
n Untnteal onrm carm contrary to section 108(a) of the Penal Code Act
[CAP.135]
The accused was arraigned
before me on 26 June this year when he pleaded guiltyuilty to all the charges
except counts
2 and 6. An initial trial date was set down for 22 July. The
accused was remanded in custody pending the trial because of the
seriousness
of the charges, most of which the accused had pleaded guilty to.
Because o prior case
engats of counsel in Vila, the trial date was re-set for 6 August. On
that date the accusaccused
pleaded guilty to counts 2 and 6.
A summary of the case was made
by Mr Hillary Toa on the mentioned date and a list of previous convictions
submitted to
the count. Mr Raynold Liu spoke for the accused in mitigation.
FACTS
This is a case of an unlicensed and drunken driver who drove a taxi away without the owner's consent which
ultimateimately
resulted in an accident which slightly injured the driver and
other passengers, and unfortunately cause the death of another
youthful
passenger.
Mr George Hinge, from North
Pentecost is the co-ordinator and a lecturer of the USP subcentre in
Luganville. He owned
a taxi Toyota starlet Registration No.4208. The taxi
was driven and operated by Varean Sale of Maewo residing at Sarakata in
Luganville.
On 17 August 1995 in the
morning at around 8 O'clock, Varean Sale was at the Mobil Station in
Luganville with the mentioned
taxi when the accused John Warsal entered the
taxi and asked to be driven to the Mango area of Luganville. So Varean Sale
drove the accused to Mango area where the accused collected a chain saw.
p class="MsoNoMsoNormal" style="margin-top: 1; margin-bottom: 1">
From Mango, axi driver
Varean Sale drove the accused to several different places around Luganvillnville
including USP
subcentre, Bunny Fong Store, Kwang Sing Store, Agriculture
Supply store, Saint Michele, Kuvu's Workshop, Wong Sze Sing Hardware,
New
Look and Valian Store.
At Valian Store, the accused
persuaded another man to load some bags of cement into the small taxi.
On the way back to Mango to
return the chain saw, the accused forcible grabbed the steering wheel
forcing Varean the taxi
driven to turn right near the eastern side of
Sarakata bridge near the back of Saggitaire store.
When axi was near the
vicinity of Pastor Paia Poro's house the accused asked Varean to leto let him
drive the car. After
some heated discussion between Varean and the accused,
the accused got into the driver's seat and drove the taxi away. Before
the
accused drove off however, Marcel, the owner of the chain saw arrived and
removed it from the taxi.
In thetime Police
Constable Alfred Garae and Woman Police Constable Jennifer Warsal saw Varw Varean
Sale and Marcel who
told them what the accused had done. Eventually PC
Alfred Garae and his colleague drove their vehicle to Kwang Sing Store where
they caught up with the accused in the taxi Registration No.4208. As soon as
the accused saw the police, he drove away
quickly.
class="MsoNoMsoNormal" style="margin-top: 1; margin-bottom: 1">
This was the start of the
police chasing the accused. At that point Constables Alfred Garae and
Jennifer Warsal contacted
and informed Corporal Obi, Senior Traffic Officer
who was nearby with other officers on a specific duty assignment.
p class="MsoNoMsoNormal" style="margin-top: 1; margin-bottom: 1">
Corporal Obi Ken and another
officer drove in chase after the accused. Both Corporal Obi Ken and the
other policeman made
statements that the accused drove at high speeds up the
Sanma Province Headquarter hill, Chapuis Stadium corner, and at the
end of
the Chapuis tar-sealed road down to Surrender Bay. The two policeman said
that the accused waved to them at the
Chapuis Stadium corner and at the end
of the Chapuis tar-sealed road he showed a tin of beer. The accused refused
to
stop ever when the police signalled to him.
Eventually, in his adventures
or misadventurhe accused picked up 4 young passengers at Turtle Bay.
They were the
deceased, Oliver Talvita Lumgar also known as Oliver Sovan,
Reynold Atkin, Kilbat Sovan and Godrington Tula. Both Reynold Atkin
and
Kilbat Sovan made statements to the police saying that they were reluctant
to go in the taxi when invited by the
accused but they did so because the
accused shouted at them and made them afraid.
lass="MsoNoMsoNormal" style="margin-top: 1; margin-bottom: 1">
It was unfortunate that the
deceased, who appeared to be the youngest of our passengers, and the
e
other three allowed
themselves to be compelled to do something which they
had not intended. On the other hand it seems that the accused was strong
willed and persuaded them to accept the ride in the car.
On travels, the accused
drove at high speed through Turtle Bay. The accident that happehappened was
witnessed by Rockclif
Avat from Mota who was cleaning Kupu's cattle fence at
Turtle Bay. He said he saw a red taxi speeding in the area at the time.
Afterwards Rockcliff Avat heard the noise of a vehicle coming from the
direction of Hog-Harbour at high speed. he then
saw the red taxi travelling
on the wrong side of the road. The Taxi, driven by the accused, the moved to
its right side
of the road an on coming bus which was travelling towards Hog
Harbour direction. Mr Rocklif Avut said in his statement to the
police that
he saw the red taxi skimming the grass on the right side of the road and
then it went to the left side or
wrong side of the road. At the same time
the taxi rolled over and kept rolling several times.
The ed and his passengers
were taken to Northern District Hospital by another transport. ort. The deceased
Oliver Sovan
received the most serious injury as a result of the accident,
his cranium or skull was severely traumatised with a fracture
to the right
skull bone. He also received injury to his right eye socket including a
fractured left clavicle or collar-bone.
The deceased was unconscious when
examined by Dr Heriau on 18 August 1995, and his respiration or breathing
was affected.
The deceased died while being transferred to Vila Central
Hospital by plane. He died following a pulmonary haemorrhage.
lass="MsoNoMsoNormal" style="margin-top: 1; margin-bottom: 1">
Kotringto Tula also sustained
injuries a fractured left clavicle (collar-bone), laceration to his left
hind-foot, and
abrasions over his left scapular region (shoulder region). He
was conscious when examined but experienced pain.
Kilbat Sovan received small
cuts all around his body but no fractures.
No medical report concerning
RayAtkin is in the Count file.
The accused John Warsal also
made a statement to the police. Amongst other things, the ed said he
did not thot that the
police were following him in a car. He also said the
accident was caused not lay his trying to avoid the bus, but because he
tried to turn around to see what the three sitting behind the taxi were
doing with their bottle of wine. This was when
he lost control of the
vehicle.
Sentence reserved until count
has head made judgement on compensation claims of family of deceaseceased,
Mr George Hinge
owner of the taxi, Mr Kotington Tula, Mr Kilbat Sovan and
Raynold Atkin.
Sentence: &nbbsp; 9.09.
fte aJuer Juer Judgement on Civil claim and made pursuant thereto.
<
Count 1: ; &nbs;&n
p; Imp Imprisonmisonment for 2 years - suspended for 3 years effective from today
06.09.96.
: 1">
Count 2: &nbbsp;&&nsp;;&bsp;&bsp;&nbp;
Imprisonfor 3 monthsonths suspended for 3 years.
&nt">
Count 3: &nnbsp; &nsp; &nb p;
Im sonrint for 3 or 3 months suspended for 3 years.
1">
Count 4: &nbssp; &nsp;
Imnrisonment for 1 mr 1 month, suspended for 3 years.
>&pt">
Count 5: & &nbssp;&ssp;
Imprisonment for 3 mr 3 months, suspended for 3 years.
Count 6: &nnbsp; &nsp; &nbip; F
e: 1 10,000vt000vt.
;>
Count 7: &nbssp;
Uniional onal Harm: arm: 2 months Imprisonment suspended for 3 years.
&nt"> >
Prosecution Costs: vt30,000.
class="Mss="MsoNormal" style="margin-top: 1; margin-bottom: 1">
DATED at Lulle, this 6th
day of September, 1996.
BY THE COURT
ass="MsoNoMsoNormal" style="margin-top: 1; margin-bottom: 1">
Original Sentencned by:
KALKOT MATASKELEKELE
Judge
