But Deputy Min. Tuan Challenges Ruling, As Defense Lawyer Threatens To File Action For Damages
PHOTO: (Left) One of the kid victims of the accident (Left) Deputy Min. Tuan
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- The Traffic Court at the Temple of Justice in Monrovia has found guilty and held liable Deputy Justice Minister for Codification at the Ministry of Justice, Cllr. Nyenati Tuan for an accident injuring three children.
In March this year, Deputy Minister Tuan hit a commercial motorbike carrying children in the Rehab community in the Monrovia suburb of Paynesville, leaving their legs broken but he failed to take responsibility for the accident.
In his ruling on Monday, July 6, 2020, Traffic Court Judge, Karsor K. Zubah said, taken into consideration the testimonies of witnesses in this case and documentary Y evidence produced, Cllr. Tuan was guilty of causing the recent accident.
The court ruling is in line with the vehicle and traffic law of the Republic of Liberia approved May9,1972 and came into effect October 17,1972, in which section 10.40 and 10.43 say that the driver of a vehicle approaching an intersection shall yield the right of way to a vehicle that has entered the intersection from another highway.
When vehicle approaching or entering an intersection at approximately, an intersection, the same time, the driver of the vehicle on the left shall yield the right of way to the operation of the vehicle on his right, the law says.
Defendant Nyenati Tuan was charged with 10.4 reckless driving and the court says that under the country’s vehicle and traffic law, any person who operates a vehicle in willful or wanton disregard the safety of persons or property is guilty of reckless driving.
The court further added that, section 10.43, the driver of a vehicle shall stop as required by section 10.57 of this title in obedience to stop sign or signal erected at the entrance to an intersection whether or not the intersecting road is a through highway and he shall proceed into the intersection with caution, yielding the right of way to any vehicle not required to stop which is within the intersection or approaching so closely as to constitute an immediate hazard.
Also section 10.57 except when directed to proceed by police officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none, then he shall stop before entering.
This court says considering the law controlling this proceeding, couple with witnesses testimonies, questions asked, answers and documentary evidence produced in this court, the Defendant Nyenati Tuan in this case is hereby held liable and guilty for cause of the accident.
“Wherefore, the court held Deputy Minister Nyenati Tuan guilty and liable for the cause of accident and ordered him to pay L$ 20,000 or it equivalent in USD into government revenue within 24hrs as of now and if said defendant fails to pay said fine is paid he shall be held into common jail until said fine is paid with receipt brought to the court.”
During the trial proceedings, prosecution and extra lawyers led by Cllr. Jallah Barbu produced three witnesses and teo rebuttal witnesses totalling five along with police report while, defendant Nyenati Tuan produced four witnesses including himself.
Prosecution cited the following laws during the trial proceedings, Civil Procedure law 25.1, Judicial notice of the law, 25.4 relevancy, 25.5 burden of proof among others
While, the defense lawyers cited the following cases 26LLR page 422 syllabus 3text at page 427, Richard Dagar Vs. A. Molley, Black law Dictionary 9th edition page 679 falus in uno, falus in omnibus along with the following law citations section 10.112 same book page 255, section 3.1 same book page 191 and section 10.40 of the same book.
At the call of the case, the Counsel for Defendant filed a motion for reconstruction of the accident scene and the said motion was granted by the court. The traffic Division of the Liberian National Police was ordered to reconnect the accident scene.
The said reconstruction was conducted and police submitted findings to the court holding Defendant Nyenati Tuan, operator of Toyota land cruiser bearing license plate #LB 2216 liable and responsible for the cause of the accident.
Meanwhile, the Defendant, Deputy Minister Tuan has taken an appeal to Criminal Court ‘B’, while the public interest law firm who hired as an additional Counselors headed by Cllr. Jallah Barbu has threatened to file action of damage against the defendant.