Court acquits driver
A fire truck driver has been acquitted of careless driving after the prosecution failed to prove his identity beyond reasonable doubt. Aisake Raratabu was cleared by Magistrate Talei Kean of the charge relating to a crash on January 29, 2021, in Nadi. Complainant Mohammed Ameer Khan, a veteran market vendor with more than 25 years’ driving experience, told the court it was raining heavily on the day of the incident. He said he slowed down to avoid a pothole when a fire truck allegedly rear-ended his vehicle. However, Mr Khan could not confidently identify the driver in court, saying he only remembered a “slim, tall and fair male with no beard and neatly cut hair”, and acknowledged the accused’s appearance may have changed. “(The victim) was unable to identify the accused in court or through a photograph, and no other witness including any police officer, eyewitnesses or investigating officer was called to confirm the identity of the driver,” the magistrate said. “The law is very clear that identity of the accused is an essential element of any criminal offence… based on the evidence submitted, it cannot be proved beyond a reasonable doubt that the accused drove without due care and attention.”
Judge jails man for hitting wife
A singer from Namotomoto, Nadi, who hit his wife with a shifter during a dispute over loud music has been jailed for one month. The 30-year-old father of three was convicted of assault and ordered to serve part of his six-month sentence. The remaining five months were suspended for five years by Magistrate Talei Kean on July 9. The court heard that the 28-year-old victim, an accountant, was sleeping on the night of May 24 this year when she was awoken by loud music. When she asked her husband to lower the volume, he refused. She then took the speaker, prompting her husband to demand it back. When she refused, he went into the bedroom, retrieved a shifter and struck her on the left leg before continuing to drink. In mitigation, the court heard the pair had reconciled, with the accused promising not to re-offend. He was also given a Domestic Violence Restraining Order with standard non-molestation conditions for his wife’s safety.
One month prison stint
A father of three convicted of assaulting and threatening to kill his wife after she accused him of messaging girls has been ordered to serve one month of his nine-month sentence in jail. The 32-year-old driver of Nawaka, Nadi, had the remaining eight months of his custodial term suspended for five years. Court records show on May 7 this year, the couple were at home when she questioned him about his call logs, suspecting he had messaged other women and then deleted the conversations. The man remained silent before forcing his wife to make breakfast. When she refused, he began swearing at her, punched her repeatedly, and struck her back with a stick. After the assault, he threatened to kill her. In mitigation, the court heard the couple had reconciled, and the man was remorseful. His lawyer submitted that the assault followed mild provocation from a financial dispute, but Magistrate Talei Kean rejected this. “Disagreements over financial matters within a marriage do not justify or excuse the conduct in question,” she ruled at the Nadi Magistrate’s Court on July 9. For the victim’s protection, Ms Kean imposed a permanent domestic violence restraining order with standard non-molestation conditions.
