Thursday 6 June 2024 | Written by Losirene Lacanivalu | Published in Court, National
The accused, Jonathan Elisa, is charged with one count of excess blood alcohol and dangerous driving causing death.
Elisa is the survivor of the motorcycle crash in Titikaveka that resulted in the death of a 24-year-old man.
The jury trial began on Tuesday with Crown Law prosecutors Lucinda Rishworth and Jamie Crawford presenting their opening submissions and state witnesses, ending on Wednesday with defence lawyer Norman George presenting defence witnesses.
Yesterday, a defence witness, a supervisor for Infrastructure Cook Islands (ICI), said he and his ICI team were working on the backroad in Titikaveka at around 9am on the morning of June 10, 2023.
Defence counsel George asked if he saw any motorists. The witness said he saw the accused riding on the back of a motorcycle with another person (deceased).
When asked if they stopped, he replied that he walked up to them when they came past and asked if they had seen the stop sign. They apologised and went through.
The witness said that when they returned to the ICI yard, someone mentioned there was an accident at Titikaveka, and they found out who was involved.
George asked the witness if he had made any statement to the police on June 20, 2023. He replied that he wasn’t interviewed by the police but wrote a note requested by Elisa’s previous lawyer. The witness also said he was not closely related to the defendant but knew the parents.
Crown prosecutor Rishworth pointed out that the witness’s June statement did not mention a conversation with the two boys.
The witness replied that it had been a long time and he couldn’t recall.
Rishworth again referred to the last part of his statement, which said: “… they drove past the work site and never saw them again and no further information from me…”
She asked that he not say anything about them stopping.
The witness replied that he tried to be brief; he actually stopped them but did not put that in the statement.
When asked if he saw the crash, he said no, and when asked if he saw who was driving when the crash occurred, he replied no.
Other ICI witnesses said the accused and the victim were both not wearing t-shirts. The witness said that the accused was wearing a helmet, and the deceased had been driving without a helmet.
But when asked if they witnessed the crash and saw who drove when the crash happened, they all replied no.
Another ICI witness said it had been a while since the matter happened and could not recall who was wearing a helmet.
The case was adjourned for closing arguments today at 9am.