Bus driver acquitted after prosecution failed to produce witnesses

A47-year-old Navua bus driver was acquitted in the Suva Magistrates Court after the state prosecution failed to produce witnesses for hearing on Wednesday.

Jitendra Kumar appeared before Magistrate Priyantha Liyanage. He was represented by a Legal Aid Commission lawyer. On November 5, 2012, at about 3:40pm at Suvavou, the 15-year-old complainant was returning from school with her school mates when she used the pedestrian crossing to cross the road.

The accused who was allegedly driving at the time failed to slow down when approaching the pedestrian crossing and allegedly bumped the teenager who fell forward about three to five metres.

The complainant who received minor injuries was taken to the Colonial War Memorial hospital (CWMH) in a military vehicle and the accused was charged with dangerous driving occasioning grievous bodily harm.

The accused pleaded not guilty and the case was called for hearing on Wednesday. However prosecution was not ready.

Police prosecutor Constable Pritika Prasad made an application for the hearing to be vacated.

However, this was rejected by Magistrate Liyanage who stood down the matter for prosecution to summon their witnesses. When the matter was re-called Police prosecutor Corporal Luke Qerewaqa informed Magistrate Liyanage that the state witnesses were not present in court. Accordingly Magistrate Liyanage acquitted the accused and released him from proceedings for lack of evidence.

Edited by Mohammed Zulfikar