UPDATED: A drink driver who caused the death of a university graduate after their two cars racing at high speed along a main road has been sent to jail for six years.
Netane Nimo, 26, died at Vaiola hospital on June 19, 2022 at around 12.30am.
The prisoner, Titali To’ia, also known as Tevita To’ia, last month admitted to causing death by careless driving.
He pleaded guilty and apologised to the victim’s girlfriend.
The Supreme Court in Nuku’alofa heard Tō’ia admitting “that the time he has spent in custody has taught him a lot and he truly feels remorseful for what he had done”.
Nimo was the oldest of five children.
“The family invested in him by sending him to Fiji to get an education. He returned home to await his graduation on 18 November, 2022. Sadly, his family never saw him graduate, instead they stood in to represent and receive his degree”, the judgement read.
The court heard that late on Saturday evening 18 June, 2022 To’ia was driving east in a car on Taufa’ahau Road towards Veitongo.
At the same time, Nimo was also travelling in a car on Taufa’ahau Road to return to his home in Vaini after having seen his girlfriend at Fangaloto.
“Both men had consumed alcohol. They met on the main road, Taufa’ahau Road, at Ha’ateiho where they began racing at a speed of 100 km/hr or more”.
At one stage while they were racing, the deceased was about to overtake To’ia’s car but To’ia veered his car towards the right side of the road, hitting the left rear of the victim’s car causing both to lose control of their respective vehicles.
“As a result of the impact, the victim’s car skidded and spun sideways hitting an electricity pole on the right side of the road breaking it in half landing back on the road facing in the opposite direction towards Nuku’alofa”, the court document read.
The victim was rushed to the hospital and was pronounced dead upon arrival.
Justice Tupou convicted To’ia for dangerous driving causing death and had sentenced him last month to a six-year imprisonment term.
“To give effect to the totality principle, I add 4 years and 6 months of this sentence to the head sentence in CR 80 of 2022 resulting in an aggregate sentence of 8 years imprisonment”, Mrs Tupou said.
“I am importing the period of suspension in CR 80 of 2022 here and suspend the final 12 months of the aggregate sentence for two years on the following conditions , namely, that during the said period of suspension, the Defendant is to:
(a) not commit any offence punishable by imprisonment;
(b) be placed on probation;
(c) report to the probation office within 48 hours of his release from prison and thereafter as directed by his probation officer;
(d) reside where directed by his probation officer;
(e) complete courses in alcohol and drugs awareness and life skills as directed by his probation officer.
Failure to comply with any of those conditions will result in the suspension being rescinded , in which case, the Defendant may be required to serve the balance of his sentence in prison”.
