A 27-year-old man was jailed for 18 months by the Supreme Court for what was supposed to be a mercy dash to the hospital that turned into a road fatality. 

Upuia Oloialii was transporting his father-in-law to the hospital when he crashed along the way killing one of the passengers.

The incident occurred at Tufulele in November 2022. Oloialii didn't have a driver’s license but got behind the wheel to take his unconscious father-in-law to the hospital. 

According to the summary of facts, the defendant drove at excessive speed heading towards Leulumoega Hospital and lost control while going downhill on the Tufulele access road. 

Travelling with him in the Nissan Note were his inlaws and two other relatives. 

As a result of the accident, a 41-year-old man of Tufulele died and two others sustained injuries. 

The defendant’s father-in-law also died of a heart attack which was ruled to be unrelated to the car crash. 

Oloialii pleaded guilty to one count of negligent driving causing death, two counts of negligent driving causing injuries and one count of driving without a valid driver’s license. 

His lawyer argued the offence fell under category one, which is accidents caused by momentary inattention or error of judgement. 

Supreme Court Judge Justice Leiataualesa Daryl Clarke disagreed saying the accident was caused by driving in a manner showing selfish disregard for the safety of passengers and a high degree of recklessness. 

“You were speeding on an access road with a ditch on the side and driving whilst unlicensed, having never held a license,” said Justice Clarke. 

“Drivers driving on the road without ever having held a driver’s license represent a serious and obvious risk to others. 

“In this case, despite having never had a driver’s license, you owned the car and drove it at excessive speed.”

The prosecution submitted two years as the starting point for the sentence, a penalty that Justice Clarke said was inadequate in light of the sentencing authorities and the circumstances of the case. 

The court took three years as the starting point and deducted time for prior good character, remorse, village penalty, traditional apology and reconciliation. 

Oloialii was convicted and sentenced to one year and six months imprisonment. 

He is 27-years-old of Tulaele and Lepa married with two children and was a sailor until the incident. He was represented by Saleimoa Charlie Vaai while the prosecutor was Attorney General’s Office lawyer, Joshua Leung Wai and Helen Apisaloma.