A senior citizen was ordered to pay $10,000 in fines and reparation for causing the death of a two-year-old boy in Vailoa Faleata in a road accident caused by momentary inattention. 

Edwin Sinclair, 70, was convicted by the Supreme Court this month and ordered to pay $10,000 and serve 150 hours of community work. 

The court told Sinclair he was a risk to other road users, revoked his driver’s license and disqualified him from holding one for three years. 

Supreme Court Judge Justice Leiataualesa Daryl Clarke handed down the sentence and certified the death of two-year-old Emmanuel Sani Tokuma in September 2022. 

The toddler and his two aunts went to the store on the evening of the incident and the child reportedly ran to his aunt on the side of the road when the vehicle struck him. 

The cause of death was severe traumatic chest injuries, extensive sub-arachnoid traumatic brain injury and cerebral edema secondary to a motor vehicle accident. 

The family of the deceased will be paid $5000 reparation and a further fine of $5000 to be paid within 28 days. Failure to pay the sum will result in six months imprisonment. 

Sinclair pleaded not guilty to the charge of negligent driving causing death. After a trial in June, he was found guilty. 

The defendant blamed the toddler but the court found the suggestion unconvincing and rejected the claim. 

“Responsibility for Emmanuel’s death lays at your feet,” said Justice Clarke. 

“It is unclear Edwin why you strayed into the pedestrian area of the roadway killing Emmanuel. 

“While there was some evidence you may have been on your phone, as I said, I did not accept that evidence. Had I been satisfied that you were on your phone, today’s outcome would be quite different for you.” 

The prosecutor was from Attorney General's Office lawyer, Joshua Leung Wai and the defence counsel was Aeau Tima Leavai.