Fiji lawsuit for crash driver
Hurt couple put court notification in NZ papers
Aman believed to be living in New Zealand has been summoned back to Fiji to face civil action by a couple he seriously injured in a car crash last year.
Fijian law firm Kohli and Singh yesterday placed public notices in New Zealand newspapers in an effort to find Zainal Mahmood Begg and notify him of the civil suit against him in Labasa, Fiji.
On September 10 last year Begg, who was 18 at the time, crashed into a car being driven by Mohinesh Prasad, in which his wife Niteshni Chand was a passenger. Begg’s car veered into the opposite lane and collided head-on with Prasad’s car.
Begg left the country and flew to Christchurch in November, after he was sentenced, and has never returned.
Prasad, a teacher at Vunika Primary School, told the Fiji Sun they were going home after shopping in Labasa Town when the crash happened.
“I could see the vehicle coming so fast and within moments it hit our vehicle,” he said.
Prasad told the Herald one of his arms was dislocated, his wife’s arm was fractured and her knees were damaged.
They had to take three months off work to recover and even now they still suffered from the effects and could not walk long distances.
“There were injuries in our bodies and still we are suffering because of the pain. We still have pain,” he said.
Last year Begg pleaded guilty to three counts of dangerous driving causing grievous bodily harm and was fined.
Begg had his sentence suspended given his young age but was ordered to pay the couple $750.
Prasad and Chand are now seeking damages to help cover medical expenses, the time off work, the cost of their car and court costs, he said.
“It was his fault. He was speeding and he came in my lane and hit me head-on. Because of his speed he couldn’t control the vehicle.”
Prasad said having to search for Begg to get their claim settled was adding extra stress.
“It is very hard for us to do all these things,” Prasad said. “I would like him to come back and sort everything. He has gone but we are suffering.”
The couple’s lawyer, Reema Raj, told the Herald the couple’s injuries were very serious. Begg’s family had not been able to help Raj get in touch with him so the court allowed a notice to be published to inform Begg of the proceeding civil suit.
“It’s putting him on notice that there’s a claim pending in Fiji.”
The public notice stated the case was listed to be heard on September 8 and if Begg did not appear, either in person or represented by a solicitor, an order would be made as the court saw fit.
The New Zealand police and the Ministry of Foreign Affairs said they were not involved because it was a civil, not criminal, issue.
Immigration New Zealand said it could not comment on the case without a privacy waiver from Begg.
“Immigration New Zealand . . . cannot talk about the immigration status of this individual without a privacy waiver,” a spokesman said.