Police v Kaupa [2008] PGDC 107; DC799 (3 September 2008)

DC 799

PAPUA NEW GUINEA
MOTOR TRAFFIC ACT, CHAPTR NO. 243
[IN THE DISTRICT COURT OF JUSTICE
SITTING IN ITS CRIMINAL JURISDICTION]

DCCr 278 of 2008

BETWEEN

POLICE
Informant

AND

NUL KAUPA
Defendant

Goroka: M. IPANG

2008: July 30
August 19, 20, 29
September 03

CRIMINAL LAW - Motor Traffic Act – Driving without due care and attention (s.17 (2) – having regard to the nature, condition, and use of the road – clear weather – defendant failed to provide enough space to over–take caused accident to parked Red Hiace Bus. Accident was the result of Defendant’s driving without Due Care and Attention.

Cases Cited

Nil

Counsels:

1. S/C Joe Pipi: Police Prosecutor
2. Defendant: Appears in person

29 July 2008

DECISION

M IPANG, Magistrate: Defendant Nul Kaupa aged 38 years old from Kefamo, Goroka, Eastern Highlands Province was charged that on the 03rd of July 2008, he drove a Mazda T3500 Truck, Registration No. EAF 541 upon Okuk Highway without due care and attention. He was charged under section 17 (2) of the Motor Traffic Act.

2. Police alleged the Red Hiace Bus and was giving way to another on-going PMV Bus coming from Lae way when the Defendant drove his Mazda T3500 Truck coming from the market bus stop and made a sudden turn going towards Chuave Market, he bumped the Red Hiace Bus. The back bar of the Defendant’s truck pulled the front bull bar of the Red Hiace Bus. The Defendant then drove all passed the Chuave Market and stopped at Asaroyufa Service Station.

3. The Defendant denied the charge claiming that he saw the driver of the Red Hiace Bus parked on the wrong way, so he stopped his truck and told the Red Hiace Bus driver to park in a proper way. The Defendant said that, after he talked with the Bus Driver he drove away and the Bus Driver bumped his back bar.

4. Issues:

There are several issues a/raising from this traffic case that need to be solved.

1. Whether Defendant turned a sudden left-turn?

2. How did the driver of the Red Hiace Bus park his vehicle?

Whether the Defendant did stop to warn the driver of the Red Hiace Bus of his wrong parking?

4. Whether the defendant bumped the Red Hiace Bus in its stationary position?

5. Whether the Red Haice Bus bumped the Madza T3500 Trick after a space of two (2) metres?

5. The driver of the Red Hiace Bus said, after loading passengers from the Bus stop at the Market, he stopped a little over the white line at the left-corner of the road facing Asaro and was giving way to an on-coming vehicle from Lae way. While his vehicle was in that position, the driver of the white Madza T3500 Truck drove so close. He said, he tooted the horn but the defendant still continued driving, and as a result the defendant’s back bar of the trailer bumped the front bull bar of his Red Hiace Buss.

6.1. Whether Defendant turned a sudden left-turn?

To say Defendant did a sudden left-turn would be a bit of exaggerations but to say Defendant drove close to the stationary Red Hiace Bus would make sense. Defendant, I am convinced drove his truck closed to the Red Hiace Bus and when he turned and drove Asaro way, the back trailer bar left side bumped the right side front bull-bar of the Red Buss.

1.1 Prosecution’s witness Mosa Philip said she sat in front of the Bus and turned and saw how the accident happened. The left back Bull-Bar of the Defendant’s Truck bumped our front right-side bull-bar and it cracked so as the radiator.

7.2. How did the driver of the Red Hiace Bus park his vehicle?

The driver of the Red Hiace Bus did not park his vehicle in the middle white line nor did he park his vehicle near the left-side white-line. From the scene of the accident, that the court visited revealed he parked two (2) metres from his left-white line inside the road, as that was where the point of impact has been identified.

8. 3. Whether the Defendant did stop and warned the driver of the Red Hiace Bus of his wrong parking?

The Defendant and his witness Kola Thomas said that, he (Defendant) stopped and warned the driver of the Red Bus to park properly. However, this evidence has been greatly rebutted by the Bus Driver. The Bus Driver denied that, the Defendant never stopped or even gave him any warning. Prosecution’s witness, Mosa Philip who sat in front of the bus and was conscience all – through said, the Defendant never stopped. I am now convinced that Defendant never stopped and warned the Driver of Red Buss. It was the Defendant’s passengers who shouted the warning after the accident had taken place.

3.1 The logical and common sense will tell that has defendant stopped and warned the Bus Driver, this accident would not have occurred, as Defendant himself or the Bus Driver would have avoided such accident to occur. As Defendant alleged the Bus Driver bumped the Defendant’s truck would mean that he consciously saw the Madza T3500 truck and knowingly drove in to that truck, I would think of the Bus Driver to be of insaned mind to drive in such a way.

9. 4. Whether defendant bumped the Red Bus in its stationary position?

In solving issues 1, 2, and 3, it has become very clear that the Red Bus was in stationary position when Madza T3500 Truck bumped its’ front right side bull bar. The left back bar of the Madza T3500 Truck bumped and pulled the right side front bull bar of the red bus. I will reject the version of evidence that the driver of the red bus drove out to bump the Madza T35 Truck. I can not place any due weight and consideration to Defendant and his witness Kola Thomas’ versions of evidence as the point of impact and the nature of damage caused do not reflect and support their evidence. It is practically impossible as far as I am concerned. Having solved the above issues, I do think it is necessary for me to deal with the 5th issue as the Red Hiace Bus did not bump the Madza T35 Truck.

10. Defendant’s giving of K10.00 to Yari Moses – Driver of the Red Hiace Bus. Facts which has not been disputed were that after the Madza T35 Truck drove out over-taking the stationary Red Hiace Bus it bumped the said bus. After this accident, the defendant did not stop, he continued driving and eventually stopped at the Asaroyufa Service Station.

11. Yari Moses, the Red Hiace Bus driver drove after the Madza T35 Truck and also stopped at the Asaroyufa Service Station. He approached the defendant and raised his concerned of how the defendant has caused the accident. He said that, the defendant then gave him K10.00 but he refused to get the money. The defendant explained that he gave K10.00 to cool the tension down.

12. There is no evidence before this court that there were tensions from the driver or passengers from the Red Hiace Bus. What tension was the Defendant actually referring to. Since there was no evidence of alleged tension.

13. I reasonably like to conclude that Defendant’s conduct of giving K10.00 to Yari Moses (Bus Driver) was a clear direct and/or indirect admittance of his guilt of commission of this accident.

14. Findings:

Ihave considered evidence presented before me by the prosecution and the defence. I have considered the evidence relating to the nature, condition and the use of the road at the time of the accident, and I am convinced beyond reasonable doubt that the defendant failed to negotiate more space when over-taking the Red Bus and as a result as caused this accident. I therefore, find the defendant guilty beyond reasonable doubt of driving without due care and attention under section 17 (2) of the Motor Traffic Act, chapter 243.

Verdict: Guilty as charged