In R. v. Evans (1963) 1 Q.B. 413 where a defendant had been convicted of causing death by dangerous driving it was held as stated in the head note to the case "that the test being objective the degree of negligence was irrelevant and if in fact the driver adopted a manner of driving which the jury thought dangerous to other road users in all the circumstances he was guilty, and it mattered not (although it was relevant to sentence) whether he was deliberately reckless, careless, momentarily inattentive or even doing his incompetent best". The learned Magistrate did not, in my view properly evaluate the evidence before him and draw the proper inferences from the established facts. The respondent drove without due care and attention and the Magistrate should have convicted him. The appeal is allowed. The Magistrate's order acquitting the respondent is set aside and the respondent is convicted of the offence of Causing Death by Dangerous Driving contrary to section 269(1) of the Penal Code." - Justice Kermode, Director of Public Prosecutions v Ali  FJSC 23; Criminal Appeal 008 of 1978 (22 March 1978)
BALA CASE: Magistrate's reasons to acquit FFP Minister Praveen Bala should make warning lights flash RED for JUSTICE to the poor in Fiji; the regime's DDP Pryde to make decision whether to appeal Bala judgment
The Sri Lankan magistrate Rangajeeva Wimalasena
Fijileaks: Did Arun Wati's alleged lack of confidence result in her giving 'inconsistent evidence'? Or was it because it took DPP nearly three long years to bring Bala to court?
Magistrate: 'None of the witnesses saw Bala behind the wheel of the car'
Fijileaks: It is quite likely that witnesses did not see Bala driving the car. That does not mean that the case should collapse on that basis. The magistrate ruled that none of the witnesses saw Bala behind the wheel of his car. Hello, Bala did confess to a Police Officer at the scene that he (Bala) was the driver of the car
The TISI Sangam Connection: Pathologist Gounder and Bala 'buddies'?
Fijileaks: Evidence from around the world reveal that some victims DIE and some SURVIVE after being involved in motor vehicle accidents
Magistrate claims the car did not suffer great damage. If so, why did Bala admit himself to the Lautoka Hospital after the accident?
Cry for our beloved country
22/7/2016 10:54:16 am
Sad day. So how did Puna Chand die in 2013?
22/7/2016 11:41:35 am
.........and who was the driver of the vehicle who killed Puna Chand? A phantom?
22/7/2016 11:42:49 am
....and who was the driver of the vehicle that killed Puna? A phantom?
T A Reddy
22/7/2016 11:50:12 am
"No One Killed Puna Chand"
22/7/2016 02:05:42 pm
“This case…is something that goes to the essence of a man’s conscience…” (Harper Lee –To Kill a Mockingbird, Ch11).
22/7/2016 06:45:11 pm
So what was Bala's side of the story? Did he give s sworn or unsworn statement to the Court? Was he cross examined? Was there an alibi?
22/7/2016 09:03:12 pm
I wonder why Rosy Akbar went to meet Puna Chand's wife after the story was published on fijileaks?
22/7/2016 09:14:45 pm
The outcome was predictable from the outset given the length of time it has taken the judiciary to deal with the case for superficial excuses. This one case supports and confirms the allegation of undue control of the judiciary by the government. Sadly, a lot of people in Fiji choose to ignore such blatant abuse of authority and nepotism by the government, blinded by personal interests and positive developments in other areas.
22/7/2016 10:15:29 pm
The killer is on the loose soon will strike again,please take precaution
23/7/2016 12:03:23 am
This is the height of corruption. A truly sad day for justice in Fiji. In the FT report today the judge on the case said that even though Parveen Bala admitted to driving the vehicle their is no evidence to say that he did. WOW so in Fiji self admittance is no longer admissible in court. The judge could not even confirm who owned the vehicle at the time. It costs $7 to get that infor from LTA.
23/7/2016 01:48:46 am
If you are I-Taukei or Hindu, be warned. Fiji is in control of Muslims, Shri-Lankans, Chinese, Indonesians, Gujeratis and South Indians. If you are a civil servant, be ready to pack your bags, if you are teaching at schools or university, good bye to your contracts. If you go to hospitals, ask your family to make funeral arrangements. If you are on road, never know a dark ghost in the form of Anna black i.e. Minister of Transport would mow you down and get away. There is no hope for these 2groups of people in this country.
Davendra Bal Ram
23/7/2016 06:33:17 am
No comments no one see on the real sin whethet Mr. Bala hitten to Puna Chand or not but the public can say what ever it not make any sence.
23/7/2016 08:34:41 pm
23/7/2016 11:45:32 pm
TulaRam Ji, Mahendra pal chaudary killed one pedestrian near USP, I think in 1970's and he was jailed and spent some time in nabaro jail. Victor was a baby at that time he will not remember. There was no Fiji Sun at that time to publish the story. Victor or TulaRam has now to puller at Fiji Times Archives for Mahendra pal chaudary's killing of pedestrian.
MAKE fjd ENTER politics OR coup
24/7/2016 03:33:35 am
Everyone knows Bala and goons threatened the witnesses (mostly bought the witnesses) and the family (threatened).
24/7/2016 11:35:37 am
Many of us recall the Mahendra Pal Chaudhy case as if it were yesterday. What a sorry situation it was when cowardice and failure of conscience were seen publicly to go hand in hand. Hiding in a bathroom however is rather different to permitting oneself be photographed putside a courtroom with a smirking expression right beside the grieving widow of a dead man. What a disgusting spectacle which cannot be erased. Ever.
16/9/2016 01:06:07 am
Its seems that Bala would do anything to avoid facing justice for a crime he refuses to admit. Even if it involves threatening someone to shut up, desperation is very clear.
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