Several people were sentenced for careless driving and driving with excess blood alcohol in the Criminal Court in Avarua on Thursday.

Nichola Poua Api Connal appeared before Justice of the Peace Georgina Williams, pleading guilty to careless driving and refusal to undergo a breathalyser test.

His defence counsel Norman George explained that on April 12, Connal was driving with his four-month-old to the mother’s house. 

“He had worked from midnight to 5.30am. His job was laying the concrete slabs on the road near the airport. It is hard work, tiresome, and when they knocked off, they had a social hour near the worksite,” George told the Court.

“About 11.30am, he had to take his four-month-old son to his mother. He was tired, had no sleep, and hit a sharp bend on the road and crashed.”

George said the crash was caused by Connal being distracted by his four-month-old, who was falling over from its car seat.

“So his attention was temporarily diverted. Luckily, there was no other vehicle on the road, and no damage to anyone. He was travelling only 40km/h. This is what could be described as a victimless crime,” George said.

Connal was stopped by police, who took him in for questioning. Initially, Connal denied he had been drinking, but confirmed his role in the crash.

“He was trying to be a responsible daddy by taking the baby to see the mother,” George said.

“He had worked all night and had no sleep. I would like the Court to show lenience to the defendant, it is his first offence.”

JP Williams questioned George’s assertion that Connal had been acting as a “responsible daddy”.

“What part of being a responsible daddy is driving with a four-month-old child who is not belted into his car seat and driving while intoxicated,” JP Williams said.

“I don’t see how that is in any way responsible behaviour.”

JP Williams told Connal his behaviour was “extremely irresponsible”.

“You chose to drive with a four-month-old baby while intoxicated,” she said.

JP Williams convicted and fined Connal $500, and disqualified him from driving or obtaining a licence for 12 months.

Meanwhile, JP Williams advised Bon Serc Austria Agno, who pleaded guilty to careless driving and driving with excess blood alcohol, that he might have to find new transport to go to his work.

She disqualified him from driving for 12 months for an incident on May 1, 2022, where Agno crashed his car in the backroads and was found to have a blood alcohol rate of 217mg per 100ml of blood, about four times the legal limit.

Agno told the court that as he works from 5pm to 11pm in his job, he would struggle to get there without a vehicle.

JP Williams said the disqualification period was mandatory.

“That’s the law. The law says I have to set down this sentence,” JP Williams said.

“You might have to find new means of transport. You have to find a new way to get to work. You could ride a bicycle, catch the bus, get someone to take you to work, move closer to work. There’s not much I can do.”

In fining him $500, JP Williams told Agno, who was representing himself, that he had the opportunity to apply for partial licence in six months if his behaviour continued to be good.

Other people who had their licence disqualified for 12 months on Thursday included Josephine Grace Wellington, for driving with excess blood alcohol, and Tangi Taime for driving with excess blood alcohol and careless driving.