Police v Hamei [2021] PGDC 69; DC6024 (16 June 2021)

DC6024

Papua New Guinea

[In the Criminal Jurisdictions of the District Court Held at Waigani]

SITTING IN ITS TRAFFIC JURISDICTION

WTC NO 90 OF 2021

BETWEEN:

THE POLICE
[Informant]

AND:

CLINT HAMEI
[Defendant]

His worship Paul P Nii

16^th June 2021

TRAFFIC OFFENCE: – Negligent Driving causing Bodily Injuries-(40)(2)(a)-Road Traffic Regulations-Road User Rules 2017

TRAFFIC OFFENCE- Trial- witness- Evidence- Decision on Verdict- Allegation of -Negligent driving causing bodily injuries-not established Elements of the charge- Defendant found not guilty-

PNG Cases cited:
Nil

Overseas cases cited:
Nil

REFERENCE

Legislation
Road Traffic Act

Counsel
Police Prosecutor: J Wamuru For the Informant
In person For the Defendant

DECISION

16^th June 2021

INTRODUCTION

NII, P Magistrate: Defendant pleaded not guilty to the charges of
Negligent Driving causing Bodily Injuries under Section 40(2)(a) of the Road Traffic Act. Full Trial was administered by this court on 9^th June 2021. Both Police and Defendant called in witnesses to support and strengthen their cases.

FACTS

1. Police allege Defendant aged 42 years of age was a driver of a motor vehicle, a Nissan Navara double cap, brownish grey with the Registration number BEU 947. Police allege the Defendant was driving the vehicle on Goro Kauga Street and he bumped the victim. Police allege the Defendant was driving the vehicle in a manner that was negligent whereby bodily injury was caused to the victim named Freda Andrew.
   

ISSUE

2. Whether the Defendant is answerable to the charge of Negligent driving causing bodily injury.
   

RELEVANT LAWS

3. Defendant is charged under the traffic offence. The offending charges is under the Road Traffic Act 2014.
   

Road Traffic Act 2014

40. CARELESS AND NEGLIGENT DRIVING

(2) A person who drives a motor vehicle in a careless or negligent manner on a public street that causes –

(a) bodily injury to another person is guilty of an offence.

Penalty: A fine not exceeding K 10,000.00 or imprisonment for a term not exceeding 3 years, or both.

ELEMENTS OF THE CHARGES

In the charge of ‘Negligent Driving causing Bodily Injuries’ I will categorize the elements as:

1. A person drove a motor vehicle,
2. In a public road,

100. In a negligent matter,

4. The vehicle,
5. Causes injuries/damages on the victim or property.
   

EVIDENCE

4. There are only two witness who came to give evidence and they are the victim and Defendant.
   

Freda Andrew-victim

5. Victim says Defendant was with his wife and did not see her walking at the back of his car. Witness says Defendant reversed his car and bumped her. Defendant says her leg was damaged. State witness says Defendant bought her food and took her to the hospital after the accident. On cross examination, Defendant says he assisted the Complainant by taking her to the hospital and even gave her K200.
   

Robert Yangomani-Arresting Officer

6. Arresting officer’s version of the story is about what happed after one month from the date of accident. It is all about a second version of the facts presented by the victim. This including, the interview and arrest of the Defendant and therefore it is pretty much the same story.
   

Clint Hamei- Defendant

7. Defendant says he was employed but now unemployed. Defendant says he went to drop off his kid at school but parked his car to talk to his wife. Defendant says his vehicle’s engine was on .Defendant says after 5 minutes he looked at all directions but there was no one so he was about to drive forward when suddenly bumped the victim. Defendant says he was confused and immediately after the accident he went outside his car and comforted the victim while his wife also came forward and comforted the victim. Defendant says he later took the victim to the hospital to be treated and he met all the medical expenses for her.
   
8. Defendant says he later dropped off the victim at her home and explained everything to the victim’s husband and gave him a K200.
   

CONSIDERATION OF EVIDENCE

9. Defendant says he bumped the victim on the front and victim says she was bumped from the back and this consideration of evidence also forms the basis of disputed and undisputed facts.
   

RULINGS

10. I have considered the evidence and satisfied that accident occurred on a road that was not busy at that time or perhaps a street at a residential area where a school was located. Victim says the Defendant reversed his car and bumped her while the Defendant says he drove forward and bumped her. Who is telling the truth? There is no issue about bumping but who bumped it?
    
11. To assess on who is telling the truth, I will test all other facts and evidences pertaining to the accident which happened afterwards. Defendant was genuine enough and took the victim to the hospital and also paid medical bills. Defendant later took the victim home and gave her husband K200 as a token of apologies. If the Defendant was negligent he would not have shown and expressed behaviors of confessions and apologies on the victim. Defendant was honest and a gentleman. Although, Defendant took the responsibility by taking the victim home, his honesty also demonstrated and protracted to his integrity and hence I will take the Defendant’s evidence that he is telling the truth.
    

CONCLUSSION

12. Police evidence is not assisting the court therefore it does not satisfy all the elements of the offence but on the courts own finding, the court is satisfied the victim does not know where she was bumped. Nevertheless, I am satisfied that the victim was bumped from the front but it was not negligent on the part of the Defendant but a genuine and innocent accident which the cause I would say is in the cause. Consequently, I will not hold the Defendant Negligent because the elements of negligent driving are not met by police.
    

ORDERS

13. I make the following orders:
    
    1. Defendant is not guilty.
    2. Defendant discharged
    100. Matter Dismissed
    4. Bail is refunded.
       

In person For the defendant
Police Prosecutor For the State