Grandmother given suspended sentence over grandson's road death

A 53-year-old grandmother who admitted responsibility for the road death of her three-year-old grandson in Sigatoka has been spared jail after the High Court suspended her two-year prison sentence for three years.

Susana Radinivugalei pleaded guilty to one count of manslaughter arising from a breach of duty before Justice Sunil Sharma. While the court imposed a two-year prison sentence, it was suspended for three years.

The court found that on January 29, Radinivugalei took two of her grandchildren, including three-year-eight-month-old Elijah Jibola, to school along Mission Road in Sigatoka.

It heard that Radinivugalei crossed the road with the older grandchild, leaving Elijah about 10 metres behind.

The child entered the crossing unattended and was struck by a vehicle. He later died from his injuries at Sigatoka Hospital.

Justice Sharma noted that Radinivugalei admitted the facts of the case and pleaded guilty at the earliest opportunity. The court accepted that she was genuinely remorseful, had fully cooperated with police investigations and had no previous convictions.

In sentencing, Justice Sharma adopted a starting point of five years' imprisonment, at the lower end of the accepted sentencing range for manslaughter offences.

The sentence was reduced by two years for her previous good character and personal circumstances, and a further year for her guilty plea and remorse, resulting in a final sentence of two years' imprisonment.

The court found there were no aggravating factors and concluded that immediate imprisonment was inappropriate in the circumstances.

Justice Sharma said Radinivugalei had already endured the devastating loss of her grandson and continued to care for her other grandchildren.

While describing the offence as serious, the judge stressed that an innocent life had been lost because of negligence and that child responsibility and legal responsibility go hand in hand. He noted the tragedy could have been avoided had the child not been left unattended near the roadway.

"This tragedy would have been avoided had you exercised restraint and common sense and not leave your grandchild unattended when you took the elder grandchild the other side of the road," Justice Sharma said.

"The victim was 3 years old and you had a responsibility for his care and control. No amount of repentance is going to bring him back."

As part of her sentence, Radinivugalei must complete two sessions of general and parental counselling through the Ministry of Women, Children and Social Protection within three months.

Failure to comply could result in further legal action.

She has 30 days to appeal the sentence.