THE Ba Magistrate’s Court has acquitted a man charged with dangerous driving causing the death of an elderly man in Vatulaulau in 2017.
Praveen Dutt was charged with the offence following the death of Tulsi Narayan in a road accident.
Evidence before the court included testimony from witness Solomoni Vakatale, who said that while descending a slope near Vatulaulau Sanatan School, he saw an elderly man crossing the road.
Mr Vakatale said he slowed his vehicle and activated his hazard lights, but a taxi driven by Mr Dutt continued at the same speed and struck the man.
The witness told the court that the victim landed on the taxi’s bonnet, tumbled several times and then lay motionless on the road.
Mr Dutt admitted he was driving the taxi that struck the elderly man, but maintained the collision occurred as he attempted to move aside after being blinded by the headlights of an oncoming vehicle, and not because he was driving dangerously.
In her assessment, Magistrate Namrata Mishra said the court could not determine whether Mr Dutt’s driving created a dangerous situation or fell below the standard of care expected of a competent and experienced driver.
She found that the prosecution had failed to disprove or discredit the evidence of Mr Dutt and his wife.
“Prosecution was unable to contradict the evidence of the accused and (his wife) to show that the accused’s driving created a dangerous situation which fell below the care or skill of a competent and experienced driver and that this led to his vehicle impacting and occasioning the death of the deceased,” Ms Mishra ruled on January 29.
The prosecution has 28 days to appeal the decision to the High Court.
