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Apia – Samoa
Late last month, Chief Justice Satiu Simativa Perese read out the suspended sentence of Siomia Junior Savaiinaea, a university teacher in the death of Matata Eseese i Punaoa, a 78-year-old man.
The incident that Savaiñaia is accused of occurred on June 21, 2021, in the village of Waimea, when he ran over George Leyva with his car.
Mr Leiataaualesa Komisi Koria represented Savaiinaea and lawyer Mr Leinafo Taimalelagi Strickland represented the Government.
In his explanation of the incident, the Samoa Observer reported that Savai Naia’s car was travelling on Waimea roads on its way to St Joseph’s College when it killed the eldest son, Leiwa.
The court heard witnesses testified that the front “bumper” of Savaiinaea’s car hit the deceased. His injuries were so serious that he died on the way to hospital.
The Honorable Chief Justice heard some testimony from the deceased’s brother, based on the statement of Savaiinaea’s family and the $21,100 cash payment Savaiinaea made for his eldest son.
Satiu disclosed that the essence of Momomosu’s testimony was to tell the court that the family of the deceased had forgiven Savai Naya and that he was not someone that their family wanted to be in jail.
The court accepted the defence’s evidence that the incident was caused by short-sightedness.
However, the judge said the accused tried to argue that he did not attack the deceased but that the deceased jumped in front of his car when it was about to go on the highway. This testimony was not proven, as Satiu said.
He also mentioned the importance of the testimony of the Good Samaritan who helped the old man and took him to the hospital to locate the deceased lying on the road, as well as the testimony of a girl who was present at the time of the incident.
From the testimonies of these witnesses, the Chief Judge revealed without a doubt that the defendant’s car ran off the highway and hit the elderly man who was walking on the grass by the roadside.
The Chief Justice also refused to accept evidence that the deceased jumped or ran in front of the car. In addition, there was a slight delay in the act of testimony or repentance after the prayer.
In considering Savaiinaea’s sentence, the court started with 24 months, subtracted time already served and the good behavior he had shown, including eight months suspended for the crime, leaving 10 months of the sentence.
However, Satiu said that based on the request and plea of the deceased’s family, the accused will be given a suspended sentence.
The Honourable Chief Justice said that one of the important aspects in assessing whether a punishment is appropriate and proportionate is to find the punishment that fits the suffering endured by those being punished and affects the nation.
But in a speech by the deceased’s brother, the Chief Justice’s opinion was satisfied with traditional customs and believed that the punishment imposed on the accused was in line with the mistake he had made.
The Chief Justice of the Court of Final Appeal also stated that the cause of the eldest son’s death was the defendant’s driver’s negligence, which caused his car to deviate from the road. However, due to the short-term error, the defendant may not have seen the old boy on the roadside, as he had previously stated.
As Satiu said, the accident was not caused by speed, nor by the consumption of strong alcohol or other circumstances such as drugs or Samoan alcohol.
2 years have passed since Savaiinaea was supervised and he performed 200 hours of work or service.
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