Man jailed of man­slaugh­ter with­out rea­son­able doubt

Fiji Sun - - Nation - ASHNA KU­MAR Edited by Su­sana Tuilau

...the ac­cused ad­mit­ted throw­ing a burn­ing kerosene stove at his fa­ther (the de­ceased) fol­low­ing an ar­gu­ment with him.

A20-year-old man of Nadi has been con­victed of man­slaugh­ter of his fa­ther.

Av­inaash Ka­mal was charged with one count of man­slaugh­ter. On De­cem­ber 2, 2015, at Nadi, Ka­mal en­gaged in a con­duct which caused the death of Am­resh Ka­mal, the ac­cused’s fa­ther.

The ac­cused was 18 years old at the time of the in­ci­dent and his fa­ther was 40 years old. Judge Jus­tice Daniel Goundar, while de­liv­er­ing his judg­ment at the High Court in Lau­toka last week, said the ac­cused ad­mit­ted throw­ing a burn­ing kerosene stove at his fa­ther (the de­ceased) fol­low­ing an ar­gu­ment with him.

As the re­sult of that con­duct, the fa­ther was set ablaze and sus­tained 35 per cent burns of the to­tal body surface area. The vic­tim had suf­fered third de­gree burns to his legs.

The court heard that the doc­tor gave ev­i­dence dur­ing trial that the third de­gree is the most se­ri­ous burn in­juries.

The vic­tim was hos­pi­talised on De­cem­ber 2, 2015. He was im­mo­bile and kept in isolation at the Burns Unit be­cause of the sever­ity of his in­juries. A sur­gi­cal team cleaned and dressed his wounds in the sur­gi­cal the­atre. Within a week, the vic­tim devel­oped bac­te­rial in­fec­tion in the blood and

pneu­mo­nia. He was placed on an­tibi­otics and was mon­i­tored daily by the In­ten­sive Care Specialist­s.

De­spite all th­ese care, the vic­tim passed away on Jan­uary 17, 2016, at the hos­pi­tal. The post mortem ex­am­i­na­tion re­vealed that the de­ceased died of blood clots in the ves­sel that pumped blood from his heart to his lungs.

The pathol­o­gist in his ev­i­dence had stated that the primary cause of death was trig­gered by the com­pli­ca­tions that the patient (de­ceased -Ka­mal) devel­oped as the re­sult of his burn in­juries.

Jus­tice Goundar said: “I feel sure that the ac­cused knew that there was a sub­stan­tial risk of se­ri­ous harm to his fa­ther when he threw a burn­ing kerosene stove at him and set­ting him ablaze and that he was not jus­ti­fied in tak­ing that risk.

“The pros­e­cu­tion has sat­is­fied guilt beyond a rea­son­able doubt. The ac­cused is con­victed of man­slaugh­ter as charged,” Jus­tice Goundar said.

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