A man charged with careless driving and failing to comply and report an accident has been discharged without conviction in a case where his lawyer said “the defendant should have been the victim”.

Rau Suliasi Delanimate Tagivetaua appeared for sentencing on charges of careless driving and failure to comply and report an accident at the Criminal Court in Avarua on Tuesday last week.  

His lawyer Mark Short said it was an unusual case in the sense his client, the defendant, should have been the victim.

“As he was reversing his vehicle, another person crashed into him.

“His only crime was that he ran away. As a result of him running away Police have charged him. He was scared, charges are at the low end.”

Short said he had previously asked about a discharge without conviction.

“Secondly many immigrants will lose their jobs.”

Short said he had acted for the other defendant in the matter.

“I acted for the other defendant who was fired (from his job) before it went to court.

“I have found him a job since he was fired from the Edgewater.”

Speaking about Tagivetaua, Short told the court to keep in mind that he did not cause the accident, he was afraid and ran away.

Police wanted $100 for careless driving from the defendant, and $100 from him for running away.

Short again asked for a discharge without a conviction.

“It appears they are pushing him because he doesn’t understand what is happening,” Short said.

“I asked his employer for a letter; the policy is employees will be terminated if they are in trouble with the law.”

Short said Tagivetaua’s employer had indicated they were aware he was involved in an accident and were awaiting the outcome.

“He should have been the victim, it was an innocent mistake. I can’t see how they can justify careless driving. If the court doesn’t agree with a discharge, it would be harsh,” Short said.

“I want him to keep his job. I have had to find a job for the other defendant.”  

Justice of the Peace Tangi Taoro said,on December 8, 2022, a crash was reported involving two Honda cars.

Tagivetaua had gone into Western Union at 9am.

“It was full of customers. You returned to car, you reversed out and crashed into another vehicle.

“You blacked out, you got out of your vehicle, confused, and left the scene.”

JP Taoro said Tagivetaua was born and raised in Fiji, his family and employer were aware of the situation, and they were sad and angry when the accident happened.

“You said you did check and look for vehicles, you felt dizzy after hitting your head on the vehicle.

“You cannot remember, you have learned your lesson, you apologised.”

JP Taoro then discharged then discharged the matter.