The Supreme Court has reinstated a manslaughter charge against a 39-year-old doctor convicted and jailed for causing the death of a taxi driver in 2018.
Marvin Ray Ketenilagi, a father of three, was handed a six-year jail term with a non-parole period of four years for causing the death of Shiri Chand, 56, on a conviction of manslaughter.
Chand, who had a serious heart condition and had previously suffered a heart attack, was working in the early hours of the morning. He was assaulted by Ketenilagi, who was heavily intoxicated at the time. Chand died on arrival at the hospital.
The Appellate Court quashed his conviction for manslaughter and substituted a conviction of assault. The court made no order in respect of his sentence.
The Appellate Court had allowed his appeal, essentially because it considered that the State had not considered beyond a reasonable doubt Ketenilagi’s actions substantially contributed to or hastened Chand’s death.
The State petitioned the Supreme Court for leave to appeal against the Appellate Court’s decision, seeking an extension of time to do so.
The State’s concern was with the Appellate Court’s approach to causation which it said was not consistent with the approach the courts had taken to date to intervening causes.
Justices Salesi Temo, Terence Arnold and William Young, after their analysis, granted the application for extension of time to file a petition.
“The order of the court of appeal quashing the respondent’s conviction for manslaughter and substituting a conviction for assault occasioning actual bodily harm is quashed,” the justices ordered.
“The respondent’s conviction for manslaughter is reinstated.”
