A DATE will be fixed today to hear the defence case in relation to a hit and run case at Maromaro, east Honiara, that resulted in the death of a man in 2011.
This was after the court found the accused James Luvena has a case to answer to the charge of causing death by reckless or dangerous driving.
Luvena’s lawyer Michael Holara of Public Solicitor’s Office has made a no case to answer submission at the end of the prosecution’s case.
The defence counsel submitted there is insufficient evidence in so far as the evidence adduced by the Crown is concerned and therefore, the accused is not required to make his defence.
Prosecution has called three witnesses during the trial.
Principal Magistrate Augustine Aulanga in his ruling on Tuesday said observations from the three witnesses showed that the accused was in fact driving at a very high speed until he hit the deceased.
“The evidence of speeding is a relevant indicator to show that this is also a dangerous or culpable piece of driving, taking into account that it may expose not only the driver but other road users to high risk of motor vehicle accident in the event an accident occurs,” Mr Aulanga said.
“Despite no evidence of the exact rate of the speed, the observations made by the witnesses were sufficient description of the acceleration or movement of the bus at the time,” he added.
“I am also satisfied that there is sufficient evidence to show that the defendant had already overtaken the white car for a sufficient distance before it hit the deceased.
“Further, as it overtook the car, there was not any vehicle in front of that car to block its view as it approaches the deceased,” Mr Aulanga said.
Mr Aulanga concluded that despite noting some inconsistencies regarding the observations made by the witnesses in relation to how the deceased was hit by the bus, he is obliged not to consider them or even to evaluate them at this stage since by doing so, it is not only improper but will offend the principles laid down in a past case of similar offence.
“Based on those reasons alluded to, I ruled that the defendant has a case to answer and order that that this matter forthwith to the defence case.”
The deceased left his office on 21 April 2011 between 2pm and 3pm and walked across the highway road at Maromaro to wait for his superior to pick him up on the other side of the road.
The court heard that as he reached the high lane of the western bound traffic, he was fatally hit by a bus driven by the accused.
According to the Crown’s allegation, the accused was observed to be driving at a very high speed or in a manner described by the Crown as “in reckless or dangerous” which resulted in the vehicle inevitably hit the deceased on that part of the road.
The force of the hit threw the deceased on the tarmac, resulting in his death on the same day.
The accused did not stop but continued to drive despite hitting the deceased.
Public Prosecutor Freliz Fakarii is prosecuting.
By ASSUMPTA BUCHANAN
