A young woman was lucky to escape prison for negligently driving a car in Tufutafoe in Savaii and causing the death of a 37-year-old woman last year. 

Miracle Pei, 22-year-old of Tufutafoe Savaii was convicted and fined $5000 by the Supreme Court last Friday.

Senior Judge Justice Vui Clarence Nelson in his deliberation determined that the offence fell under the “momentary error of judgment” category for which the penalty would be non-custodial. 

The other category is driving in a selfish and reckless manner or under the influence of alcohol which the prosecution argued the offence fell under. 

Justice Nelson said critical that Ms Pei was an unlicensed driver and the cause of the accident was not because of not having a license but was her “inexperience” in driving. 

He told the young mother that she had no business being behind the wheel, warning her that if she returned to court for a similar offence she would most likely end up at the Tanumalala prison. 

According to the summary of facts the deceased is a 37-year-old and was a passenger in the tray of the pickup driven by the defendant. 

There were three women passengers in the vehicle and members of the Tufutafoe women’s committee participating in a village inspection to assess decorations. 

Following the vehicle was a bus transporting other members of the women’s committee and as the vehicle ascended uphill it experienced a sudden engine stall. 

The defendant attempted to restart the vehicle without success and tried to apply the brakes, however, the vehicle continued to roll backwards down the hill. 

This led to the bus driver reversing to prevent a collision and the vehicle subsequently veered off the main road accelerating uncontrollably. 

This caused the tailgate to snap open resulting in the deceased falling from the tray of pickup and was ran over. 

Ms. Pei was later charged with negligent driving causing death and being an unlicensed driver. 

She pleaded guilty to being an unlicensed driver and not guilty to negligent driving causing death, a charge she later pleaded guilty to when it was called for hearing.  

Justice Nelson fined the defendant $5000 to be paid by next Monday and in default she would face 12 months in jail.