Suva High Court Judge Justice Nazhat Shameem today ordered Gilendra Kumar charged with one count of dangerous driving occasioning death and driving a motor vehicle with expired registration to pay the balance of his fine by four this afternoon.

Kumar, failed to pay the balance amount of $1,500 dollars on the set date but appeared in court later with the money, however, the Magistrate refused to accept it and ordered that Kumar serve four months in jail.

Kumar appealed against this sentencing, saying that the Magistrate was wrong in sentencing him when he was willing to pay the fine in court.

Justice Shameem agreed with his appeal and ordered Kumar to pay the remaining amount by 4pm today quashing the sentence "in default" of non-payment.

On 26th April 2006, Kumar was driving a 3 ton carrier on Queens Road when he fell asleep behind the wheel and lost control of the vehicle which veered off on the wrong side of the road and bumped hit an oncoming vehicle before hitting another vehicle causing the death of two people.