In The High Court of Tuvalu
HC. Crim. App. case no. 1/13
At Funafuti

Criminal Appellate Jurisdiction

Between:

Liai Mataio
Appellant

v

Crown
Respondent

BEFORE THE JUDGE

Mr. Isala T Isala for the appellant.
Ms. Nele Semu for the respondent.

It was a tragic accident. The appellant, at the time a special constable was, about midnight, driving a police car in the area at the northern end of the runway. He and his colleague spoke to some people, the lights of the police car being switch-off. The conversation finished. The car moved forward with the lights still switched off. A most foolhardy thing to do. As the appellant turned on the lights they felt a bump on the left front of the vehicle then another bump on the left rear. They had twice run over a sleeping man. He died three days later from his injuries. To make matters worse the appellant recognized the dead man as his uncle.

I have no hesitation in agreeing with the Senior Magistrate that the appellant was guilty of reckless driving.

But all this happened on New Year's Eve 2006. The appellant, apparently because the police were unwilling to lay charges, was not charged until 2010. Thereafter the prosecution dragged on until 25th January 2013 when the Senior Magistrate gave judgment. He convicted the appellant and sentenced him to eight months imprisonment. 

Over eight years have passed since the tragedy. In the meantime there has been reconciliation in the family.

With all due respect to the Senior Magistrate it is simply too long ago to send the appellant to goal.

Mr. Isala has argued that the sentence be suspended. I accept that is the best course.

The appeal against conviction is dismissed. The appeal against the sentence succeeds to the extent of ordering that the sentence of eight months imprisonment is suspended provided the appellant will promise to be of good behaviour for the next twelve months.

Date 21st day of February 2014.

Hon. Robin Millhouse QC
JUDGE OF THE HIGH COURT OF TUVALU