A 36-year-old bus driver who was found guilty of twelve counts of manslaughter by the Suva High Court earlier today will be sentenced tomorrow.
Three assessors reached a unanimous decision of a guilty verdict and Judge Justice Paul Madigan agreed with the assessors.
DPP lawyer, Madonna Fong has asked for a custodial sentence for Kamanieli Tuimavana as 12 lives were lost and had an impact on the families.
Tuimavana drove a bus to Sigatoka in August 2008 which caught fire killing twelve people near Malaqereqere Sigatoka.
Justice Madigan summed up the case this morning, highlighting evidence that there were 60 to 70 passengers in the bus.
He said the driver tried to stop the bus on a hill but was not successful as he had trouble changing the gears.
He added that the flames were seen coming out from the driver’s side.
Justice Madigan said smoke from the engine and sparks were also seen.
The Judge said some passengers had gotten off in Lami as there were strange noises coming from the bus.
The bus was hired to carry passengers to a funeral in Nadi.
One of the bus drivers told the court that he had driven the same bus to Lautoka before the tragic fire and it was in good condition.
Some passengers who gave evidence said they had asked the driver to stop the bus a few times but he did not stop it.
The mechanic had said he did a test drive and the vehicle was in good condition.
He said there was a fire extinguisher in the bus.
The court also heard that the fire could have been avoided if the bus was stopped early.
The driver Kamanieli Tuimavana in his evidence had said that the first time he realized trouble in the bus was in Malaqereqere.
He tried to stop the bus but could not do anything.
Tuimavana had said that following the incident when he returned to drive for the company, he raised concern about the condition of a bus for which he was dismissed.
Justice Madigan will sentence Tuimavana at 12 noon tomorrow.
Story by: Praneeta Prakash
