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Man denies driving related charge

Tuesday 1 October 2024 | Written by Losirene Lacanivalu | Published in Court, National

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Man denies driving related charge
Cook Islands High Court. 24050916

The defence lawyer of a man who has denied the charge of careless driving causing injury in Rarotonga, says there is insufficient evidence to convict her client.

Defence lawyer Michelle Tangimama is representing the accused, Laurids Rasmussen at a judge-alone trial that is expected to end today.

Rasmussen appeared before Judge Colin Doherty at the High Court in Avarua yesterday where he pleaded not guilty to a charge of careless driving causing injury to a man on February 8 this year in Nikao.

Crown Law prosecutor Tom White in his opening submission said that on February 8 this year, the defendant drove a motorcycle towards Arorangi to look for a family member.

White said the victim was on a motorcycle behind Rasmussen and they were both driving in the same direction.

He said the defendant saw the family member on the main road at the High Commissioner's residence in Nikao when he pulled over to make a turn and the victim was unable to avoid the defendant and crashed on the side of the defendant’s motorcycle and sustained injuries.

He said the defendant admitted he failed to check for any traffic.

“Crown says he drove in a careless manner,” White said.

Defence lawyer Tangimama said her client was involved in church work, a good citizen and is employed.

She said the Crown must prove beyond reasonable doubt that the defendant drove the vehicle causing the injury of the victim.

“Defence says there is insufficient evidence to convict the defendant,” Tangimama added.

White said they had five witnesses which included the victim, a mother and passenger who were driving behind the victim, the constable who was the officer in charge and an off duty constable who attended to the crash.

The crash victim in his testimony said he had a normal work day, and prepared some plans but he did not remember what happened when he was on his way to Arorangi that afternoon.

Defence lawyer Tangimama told the crash victim that he could not remember because he was intoxicated and it showed on his medical report.

The victim said he had two bottles (alcohol) and he can’t recall his medical report.

He said his loss of memory was from February to March, due to the injuries from the accident.

Tangimama said the medical report showed it was an alcohol related crash and he was seen at the emergency department.

The victim said he did not remember.

She told the victim his motive at the hearing was to make a claim for reparation, he replied that he was summoned to be in Court.

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