The Supreme Court has found the driver of a Hyundai Getz that struck a Chinese national at Vailoa in September last year, guilty of negligent driving causing her death. 

Gafa Siona Tauafao of Malie pleaded not guilty to negligent driving causing death. He pleaded guilty to failing to stop and driving an unregistered vehicle.

Supreme Court Justice, Leiataualesa Daryl Clarke delivered the verdict this week on Tauafao finding him guilty of negligent driving causing death. 

Justice Clarke said he failed to take reasonable care in all the circumstances and in doing so caused the death of Zhang Dong Mei. The deceased was crossing the road in Vailoa going towards the outer lane to the fish stalls on a Sunday morning. 

"Although it is difficult to accurately determine the speed that Gafa was driving, I accept the evidence that Gafa was driving above the speed limit and in the prevailing circumstances on the road, at a high speed," he said. 

"He then also did not slow down despite the presence of the deceased’s car parked on the centre reserve, the fish seller’s table on the seaward road reserve with about four people there and a pedestrian on the road crossing towards the fish seller’s table, including onto the outer lane that Gafa himself was driving on. 

"Had Gafa taken reasonable care and exercised the standard of care for other users of the road to be expected of the ordinary prudent driver in those circumstances, he would have observed the parked car, fisher’s table and the deceased crossing the road and slowed right down."

Justice Clarke continued the defendant did not do so, continued at speed and only swerved and slowed down at the last moment after striking the pedestrian. 

 He said he accepts the evidence of the deceased being inattentive when crossing the road, however, it is patently clear that Gafa’s negligence was nevertheless a material cause of the accident causing Mei’s death. 

"This was an entirely avoidable road death."

The sentence for the defendant will be handed down later this month.