The Supreme Court has sentenced a resident from Patamea Savaii to six months imprisonment connected to a road accident that led to the death of a 17-year-old who was crossing the road from behind a bus.  

Mamona Taliuo Samoala of Patamea pleaded guilty to one count of negligent driving causing the death of Heti Manase in May 2024. 

According to the summary of facts, the defendant drove a Toyota Ractis despite not holding a valid driver’s license. 

His car was approaching the Lami Store at Sapapalii when he noticed a bus travelling eastwards towards Salelologa. 

The court heard the bus was parked on the side of the road opposite the store and the defendant tried to overtake the bus and struck the teenager who was crossing from behind the bus. 

The deceased was taken to Tuasivi Hospital. He sustained severe injuries and was pronounced dead upon arrival. 

The cause of death was noted as traumatic brain injury due to blunt force trauma from a motor vehicle accident, and hypovolemic shock leading to cardiac arrest.

Supreme Court Judge Justice Leiataualesa Daryl Clarke said the defendant did not take into account his brother's warning to slow down and signalled his lack of driving experience and common sense to slow down.

The defendant carried out an ifoga and paid $10,000 to assist the deceased’s family with the burial.

Prosecutor Maiavatele Timothy Fesli sought up to three years in jail as the starting point for sentencing while the defence lawyer asked for a non-custodial sentence. 

“In my view, the ordinary starting point for this offence would be three years," said Justice Clarke.

“However, your culpability is substantially reduced by the actions of the victim which regrettably resulted in his death. Passengers should never attempt to cross a road from behind a parked bus.

“They are substantially obscured by the bus, there is little warning to drivers that someone is about to cross the road.

“This case demonstrates that risk with the victim being struck as your car bumper struck the victim as you passed behind the bus.”

The court deducted time for the prior good character of the defendant, the traditional apology and the early guilty plea leaving him with an end sentence of six months.

Justice Clarke also raised concerns about the number of negligent driving causing death cases involving drivers who never held a driver’s license.

He said there was a critical need for extensive road safety awareness programs.

“Recently reported in the Samoa Observer on 18 December 2024 is a project to promote road safety by the Samoa Red Cross, and the Global Road Safety Partnership funded by the Italian Red Cross,” said Justice Clarke.

“It is however also incumbent on Samoa’s institutions such as the police, the Land Transport Authority and the Accident Compensation Corporation charged with road safety and the protection of the public to actively lead and fund road safety awareness programs to increase compliance with our traffic laws and hopefully reduce deaths and injuries. Much more needs to be done.”