The Supreme Court sentenced a Malie resident to more than three years in jail after he was found guilty of a hit-and-run incident at Vailoa causing the death of a Chinese national. 

Gafa Siona Tauafao of Malie was given the imprisonment term by Supreme Court Justice, Leiataualesa Daryl Clarke this week. 

Following a trial, he was found guilty of negligent driving causing death. 

Before trial, he pleaded guilty to failing to stop to ascertain whether he had injured a person and driving an unregistered vehicle. 

The offence relates to an incident on 24 September 2023 where the defendant and a female passenger were travelling from Malie to Apia on the West Coast Road in a Hyundai Getz. 

When they reached Vailoa, a car in which Zhang Dong Mei, a Chinese national, had parked on the West Coast Road centre median strip between the westbound and eastbound lanes facing Faleolo airport. 

Ms. Mei exited the left front passenger side door, walked to the back of the car and without looking crossed the road to the fish stand on the seaward side of the West Coast Road. 

At the same time, Tauafao was driving at high speed from Faleolo towards Apia overtaking a taxi. 

Justice Clarke said despite Ms Mei being seen from afar the defendant did not slow down and continued to drive at high speed hitting the victim. 

The court heard the defendant fled the scene and did not report the accident to the police, the victim later died from injuries.

Tauafao is 38 years old, a father of three children and the second eldest of nine children. 

The deceased was a 47-year-old Chinese woman from Ululoloa and China.

An issue in the case is whether Ms. Mei contributed to her death by failing to keep a proper lookout as she crossed the road which could be taken into account as a mitigating factor by the Court.  

Justice Clarke noted Ms. Mei had failed to pay attention as she crossed the road and she should equally have seen the car from afar approaching her. 

“That however in this case is not relevant in my view to the assessment of your culpability,” said Justice Clarke. 

“Your culpability relates to the high speed you were driving despite Zhang Dong Mei on the road able to be seen from afar; your failure to slow down or take any other action to avoid striking her; together with the other aggravating factors to which I have referred.”

Justice Clarke said Samoa’s roads are increasingly dangerous because of the many drivers like Tauafao who were speeding and had no regard for the safety of other road users, whether pedestrians or other vehicles – causing senseless and unnecessary deaths. 

“The West Coast Road is a particularly dangerous stretch of road for pedestrians and vehicles alike because of this. 

“Too many drivers seem to think the rules of the road do not apply to them. Those road rules are there for good reason to avoid exactly this type of accident occurring.”

The prosecution sought five years imprisonment while the defence applied for a non-custodial sentence. 

Justice Clarke said there was no question that a custodial sentence was warranted. 

He added the offence falls squarely within the second category of cases in which imprisonment terms are imposed showing a selfish disregard for the safety of other road users with a high degree of negligence

Tauafao was accordingly convicted and sentenced to three years and five months imprisonment and disqualified from holding a driver’s license for five years. 

He is not to be reissued a driver’s license until he has passed the prescribed test of competence to drive any class of vehicles he seeks.