Republic v Tebao [2006] KIHC 111; 31-06 (4 September 2006)

IN THE HIGH COURT OF KIRIBATI
Criminal Jurisdiction
Held at Betio
Republic of Kiribati

High Court Criminal Case 31 of 2006

THE REPUBLIC

v

TOOMA TEBAO

For the Republic: Ms Ruria Iteraera
For the Accused: Mr Banuera Berina

Date of Hearing: 4 September 2006

JUDGMENT

This was a most dreadful accident. A traffic police officer, Senior Constable Martin Riino, was crushed to death on the Dai Nippon Causeway by a grader. The accused was driving the grader. It happened in the late afternoon, probably about 5 o’clock on 2 May this year, a Friday.

The accused has pleaded not guilty to dangerous driving causing death. The death has been proved through a medical report admitted with the consent of Mr Berina, counsel for the accused. There is no doubt that the grader, by running over him, killed Martin.

A grader is a piece of heavy road making equipment. It is a big machine: potentially a danger to other road users, requiring special skill and care in driving.

The accused was driving the grader from Bairiki towards Betio. The causeway is over 3km long. Except for several gentle curves which, in the circumstances of this case, could not have interfered with the accused’s view, the causeway is straight and flat. It has a bitumen surface with a verge agreed to be about 2m wide between the bitumen and the causeway wall on the ocean side (the left side as the grader was moving).

Some distance short of the bridge the accused ran down Martin. Martin was to the left, off the bitumen, standing still, probably astride his motorbike. The grader dragged him along underneath it for some distance. The two estimates of distance given by witnesses were 10m and 30m: whichever is the better estimate Martin was dragged a significant distance. The grader stopped after hitting a truck parked with its left hand side off the bitumen.

Witnesses described the grader as having zig zagged across the road between the centre and causeway wall on the ocean side. The accused, in evidence, admitted hitting the wall once: other witnesses say the grader hit the wall several times.

The accused explained that as he drove along some money was at risk of blowing away. He then did what can only be described as a most foolhardy thing. Using his left hand, he tried to put the money in his pocket. He attempted to steer only with the right hand but he is not able to grip properly with the right hand following surgery. The grader went to the left and hit the wall. The accused had seen Martin on his motorbike ride past him but he did not see the police officer again before the grader ran him over. The first the accused knew was hearing and feeling something being dragged under his vehicle. He admitted being under the influence of alcohol.

In his final address Mr Berina argued as strongly as he could that all this amounted merely to careless driving.

Sometimes it may be difficult to draw the line between careless driving and dangerous driving. It is not difficult in this case. Wherever it should be drawn, the accused was well over the line between careless and dangerous: his was dangerous driving. Here was a man on the causeway, under the influence of alcohol, in charge of a large and heavy piece of equipment. He did a foolhardy thing, taking one hand - the other being partially crippled - off the steering wheel, losing proper control of the vehicle, scraping it against the causeway wall. He ran down the police officer not even seeing him. Martin must have been visible in front of him had he been keeping a proper look out. The accused dragged Martin and his bike an appreciable distance, crushed and killed him. The accused stopped only when he collided with a truck stationary on the side of the road.

I reject Mr Berina’s argument. Without any doubt this was dangerous driving and it caused death.

The accused is guilty of dangerous driving causing death.

Dated the day of October 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice