DC6029

PAPUA NEW GUINEA
[In the Criminal Jurisdictions of the District Court Held at Waigani]
SITTING IN ITS TRAFFIC JURISDICTION

WTC NO 144-146 OF 2021

BETWEEN:

THE POLICE
[Informant]

AND:

VICTOR KONGOP
[Defendant]

His worship Paul P Nii

28st June 2021

TRAFFIC OFFENCE: - Dangerous Driving Causing Injury - s 40(2)(a) – without a current safety sticker-s32(1)-Fail to produce Drivers license-65(2) Road Traffic Rules

TRAFFIC OFFENCE- Trial- witness- Evidence- Decision on Verdict- 3 Allegations -Elements of the offence two(2) offence not met-only one met, Defendant is guilt for the offence of Dangerous driving causing injury- 2 charges dismissed but one charge is sustained with evidence.

PNG Cases cited:
Police v Koka [2021] PGDC 53; DC6010 (31 May 2021)

Overseas cases cited: 
Nil

References

Legislation
Road Traffic Rules

Counsel
Police Prosecutor: Wamuru					For the Informant
In person							For the Defendant

RULING ON VERDICT

28th June 2021

INTRODUCTION

NII, P Magistrate: The Defendant pleaded not guilty to the charges of Dangerous Driving Causing Injury pursuant to 40(2)(a), without a current safety sticker pursuant to section 32(1) and Fail to produce Driver’s license pursuant to 65(2)of the  Road Traffic Regulations-Road User Rules.

1.	Trial was administered on the 6th June 2021, and now is my ruling on verdict.

FACTS

2.	The Defendant is identified by police as aged 42 years of Suma in the Nipa District of Southern Highlands Province.

3.	Defendant was arrested by police on 10th day of May 2021, for the above three (3) offences. Police say the Defendant while being a driver of a motor vehicle which was a Nissan Blue Bird, sedan, white in color, registration number BGB 695, was driven by the Defendant in a manner that was dangerous whereby injury was caused to a Lennox Yamanea. Subsequently a member of the police in the execution of his duty came and arrested the Defendant for the three (3) charges.

Police evidence

Ame Yamanea- Police witness

4.	This is the first State witness. She is the driver of the 10 seater trooper Toyota land cruiser which was allegedly bumped by the Defendant’s car. This witness says she parked her car on the left lane to pick up some people who were coming from a funeral when all of a sudden the Defendant’s car came from behind and bumped her vehicle. This witness says there were other cars too at the time of accident as many people attended the funeral. Witness says Defendant’s car came from behind and ran into the State witness’s car. 

Lennox Yamanea – Second police witness 

5.	This witness says he is a student at the University of Papua New Guinea and identified the Defendant as a final year student at the same school. This witness says he was also part of the mourners that exited from the ceremony and was sitting at the back of the Toyota land cruiser 10 seaters when he was bumped by the Defendant’s car.  This witness says he fell to the ground from the broken back window and was later taken to Port Moresby general hospital where he was threated of the wounds. 

6.	George Titima – he is the arresting officer and police in charge of the case regarding the Defendant’s arrest and its subsequent investigations. His evidence is only about the Defendant and how he was arrested and the Defendant’s conditions after he was arrested. This witness says the Defendant was drunk and therefore the charges against him were not processed on the same day but after when he was sober or regained his regular conscious or mind. Witness further says the Defendant had no license and the vehicle had not safety sticker when he was asked by police to produce same.

Defense witness- Victor Kongop

7.	Defendant says he was in his way to his home/block where he resides. He said his eyes were focused on the road. Defendant admitted he bumped the vehicle. Defendant says the ownership of his car is yet to be transferred and hence the original owner does the payment of the safety sticker. Defendant says his car was damaged by the public and it was beyond repaid and he also said he was badly bitten up by members of the public who attended the funeral. Defendant says his cards and wallet were stolen by people who assaulted him at the accident scene.

ISSUE

8.	The issues before me are whether the Defendant was dangerously driving Causing Injury and had no current safety sticker and Driver’s license?

RELEVANT LAWS

9.	The offending Law subject of allegations are  established under Section 40(2(a), Section 65(2) and Section 32(1) of the Road Traffic Regulations in the succeeding terms:

A)	Road Traffic Rules and Licensing of Drivers 2017

32 PRODUCTION OF LICENCE, ETC., ON DEMAND

(1)	A driver of a motor vehicle must produce his or her learner’s permit or driver’s licence when required to do so by a Traffic Enforcement Officer in the execution of his or her duty

B)	Road Traffic Act 2014

40. CARELESS AND NEGLIGENT DRIVING. 

(2) A person who drives a motor vehicle in a careless or negligent manner on a public street that causes – 
(a) bodily injury to another person is guilty of an offence. 

Penalty: A fine not exceeding K 10,000.00 or imprisonment for a term not exceeding 3 years, or both.

C)	Road Traffic Rules-Vehicles standards and Compliance 

65 VEHICLE TO BE TESTED FOR ROADWORTHINESS
 
(2) A person must not operate a motor vehicle on a public street unless the vehicle displays a current safety sticker issued in accordance with Section 70.

EVIDENCE

10.	There is no doubt that the Defendant is identified as the driver and he also admitted to bumping the vehicle but he said he was travelling on his lane. Defendant also demonstrated to the court that he had to tell the truth and he therefore said bumped the car. I have evidence that Defendant was under the influence of liquor as he admitted that he got drunk before bumping the vehicle.

CONSIDERATION OF EVIDENCE

11.	Defendant admitted the ownership of his vehicle was still pending payment. That means the safety sticker is to be renewed by the owner and not the Defendant but Defendant did not inform the owner to replace the safety sticker before driving away. Defendant also admitted that he was drinking before bumping the victim’s vehicle. Defendant also admitted that he was assaulted by members of the public and therefore his license was lost. 

DISPUTED AND UNDISPUTED FACTS

Disputed facts

I)	The Defendant was on his lane.

Undisputed facts

i)	Defendant was drunk and bumped the victim’s vehicle. 
.   	

RULINGS

12.	As to the offence of Driving without a current safety sticker pursuant to Section 65(2) of the Road Traffic Rules-Vehicles standards and Compliance, I find there is insufficient evidence to find the Defendant guilty because the Defendant’s car was totally damaged by members of the public and we do not know what happen to the safety sticker. Moreover, the ownership of the vehicle was still with the owner and hence it is the owner’s responsibility to check the safety sticker and apply for a new one if it had expired and not the Defendant. Secondly, regarding the offence of fail to produce drives license pursuant to Section 32(1) of the Road Traffic Rules and Licensing of Drivers 2017, I have evidence that the Defendant was badly bitten by members of the public who attended the funeral and stole his wallet containing his license and other valuable possessions. I am satisfied the Defender’s license was stolen at the accident scene and thus he could not be able to produce it when asked to do so by police. Therefore, I have will dismiss the charge of driving without license.

13.	However, there is evidence of the Defendant drinking alcohol before driving; this was evidenced when the Defendant was taken to the Police station where he could not talk properly because he was too drunk. If the Defendant was drunk then he would not know how he dove his car but would realize after he gets up from a hospital or police station or sometimes he would gone for good but  in this case he came to his sense from the police station. This to me means the Defendant was driving carelessly and negligently thereby bumped on the victim’s vehicle. I am certified that while the Defendant was under the influence of liquor and dangerously driving thereby causing thereby caused injury on the victim’s vehicle and injured another passenger who was in the victim’s vehicle named Lennox Yamanea. Therefore, I have appropriate evidence to find the Defendant guilty for the offence of Dangerous Driving Causing Injury pursuant to Section 40(2)(a) of the Road Traffic Act. 

CONCLUSSION

14.	Defendant is not guilty of the charges of Driving without a Current safety sticker and fail to produce driving license but is guilty on the charge of dangerous driving causing injury.

ORDERS

15.	I make the ensuing orders:

a)	Defendant is not guilty on the charges of Driving without  a current safety sticker and fail to produce driving license. These two charges are dismissed.
b)	Defendant is guilty on the charge of Dangerous Driving causing injury.

In person				For the defendant
Police Prosecutor			For the State