Taxi Driver Braces for Sentencing
Nausori taxi driver Subramani Goundar, who faced a manslaughter charge, will be sentenced by Judge Justice Salesi Temo in the Suva High Court on January 30.
Giving his judgement yesterday, Justice Temo said the assessors of the High Court had earlier heard his summing up and found the accused guilty of all charges.
The court heard that Goundar, 39, was charged with causing the death of a 35-year-old man on April 29, 2016.
He was also charged with failure to supply sufficient breath sample for a breathalyser test. Justice Temo said the assessors accepted the prosecution’s evidence in the matter.
He said he found that the accused did bump the deceased who was thrown into a drain which was full of muddy water denying the passage of oxygen into his body.
He said the victim suffered severe injuries which led to his death.
Justice Temo said he accepted the assessors’ decision and found the accused guilty on all grounds and convicted him accordingly. Defence Counsel Tirath Sharma in his mitigation submissions said the accused was 39 years of age, a first offender, married with three children and, was remorseful.
He said Goundar was the sole bread winner of his family earning about $150$200 a week.
Mr Sharma said Goundar has had years of drving experience with no previous traffic record. Justice Temo reminded the defence counsel that Goundar had to pay the penalty of his actions. He said Goundar should have stopped when Police had asked him to stop in the first place.
“He consciously made the choice, he is lucky his still breathing and will see his children,’’ Justice Temo said.
“Unlike the deceased who won’t see his wife and six children again.
“If he can rewind the clock, better if the Police had booked him for drunk driving.”
Justice Temo said a family also lost their sole bread winner and the sentencing given to Goundar must send a message to the public that when Police officers stop anyone they must stop.
“If a Police stops you and books you for drunk driving, it is much lesser than a manslaughter charge,” Justice Temo. State Prosecutor Yogesh Prasad, in his sentencing submission, said that Goundar must be sentenced to between eight to 10 years. Mr Prasad said the court needed to look at the circumstances of the matter and that the accused disobeyed the road regulations as a PSV driver. He called for a harsher sentence.
Justice Temo adjourned the matter stating that a custodial sentence will be given to the accused.