Court orders LTA to pay company

There were many inaccuracies found within the testimonials given by the State witnesses, thus raising much reasonable doubt.

Saturday 21 December 2024 | 00:00

Beranadeta Nagatalevu

Court Reporter

Land Transport Authority officers conduct vehicle check in their Christmas operation around the country.

Ronald Kumar

The Suva Magistrate’s Court has ordered the Land Transport Authority (LTA) to refund $16,000 which was fined to State Civil Limited. The machinery hire business was fined on December 2, in Lami for allowing someone else to drive a trailer carrying an excavator weighing 48.08 tons. This was beyond the permissible gross weight of 32 tons.

The company, represented by lawyer Mohammed Saneem, contested the charge before Magistrate Kiran Prasad after which it went for trial. The prosecution presented three witnesses and eight evidential exhibits. In its analysis, the court found that Prosecution failed to lead any evidence that would establish consent by the company to drive the allegedly overweight machine.

There were many inaccuracies found within the testimonials given by the State witnesses, thus raising much reasonable doubt. The court also took into consideration the fact that one of the State witnesses had lied about a pre-test being done. The court found that there would be no need for a tribunal as the inaccuracy of the scale and the method upon which was used to weigh the vehicle, and machine would make things difficult.