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Witness tells of blood and death

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One of the first people to arrive at the scene where a pick-up truck crashed at Vailoa, in an incident that killed two young men last year, has spoken about the horror he saw.

Twenty-one-year-old, Fidel T.J. Urima, of Vailoa Faleata, said he saw “blood gushing uncontrollably” from the nose and mouth of one of the young men, who had already died.

“This really shocked me because that was the first time for me to see something like that,” he said. “So I turned him over again.”

He then moved to the next body lying on the side of the road.“He was desperately gasping for air,” he said.

Mr. Urima was giving evidence in the hearing of 19-year-old, Leslie Kohlhase, who is accused over the deaths of Jessie Risale, 22, of Vaimoso and Thesaurus Heather, 20, of Tufuiopa.

Kohlhase has pleaded not guilty to two counts of manslaughter and two alternative charges of negligent driving causing death.

Lawyer Lei’ataualesa Daryl Clarke is representing the defendant. He is assisted by lawyer, Leilani Tamati.

The prosecution team on the other hand consists of Precious Chang and Leone Su’a Mailo, of the Attorney General’s Office.

The Chief Justice, His Honour Patu Tiava’asu’e Falefatu Sapolu is presiding over the assessor trial.

On Friday, Mr. Urima told the Court that he lives next to the Vailoa petrol station. At 3am that day, he was preparing an umu for a church event when he heard a car speeding through from Apia to Vaitele.

“When it passed my house, it crashed,” he said. “I hurried to the site and when I got there, I saw a body lying on the ground next to the lamp post in that area.”

“I turned him over if he was alive.”

He was not. The body was identified as that of Jessie Risale who died at the scene.

Mr. Urima said Thesaurus Heather was still alive and “grasping for air but couldn't speak.”

When he looked up, he saw the second survivor of the crash, climbing up from where the crash happened.

“When we met, I asked him how many of them came in the car and he said four of us.”

During the evidence of previous witnesses, lawyer Lei’ataualesa has asked about this survivor, who has yet to be named in the trial, whether he was shirtless.

Mr. Urima he told the Court that the survivor had a shirt on.

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“But I asked him to take his shirt off so that I can wipe the dust off the face of the guy [Heather] who was still alive.”

The witness said he soaked the shirt in the village’s pool so he could wipe Heather’s face.

Two other witnesses gave evidence prior to Urima.

They were 64-year-old Vui Fagasa Lafoga and Ape Vavae Tuilagi, 36.

Both men are residents of Vailoa Faleata and were at the scene of the accident following the crash.

Kohlhase’s trial started last Tuesday. The argument being pushed by the defense is that the 19-year-old girl was not the driver of the pick-up truck.

That’s not true, the prosecution says.

At the beginning of the trial, lawyer Ms. Chang argued that the defendant had caused the death of Mr. Risale and Mr. Heather. She said the defendant neglected her responsibility as a driver and a result, the two young men were killed.

Ms. Chang then outlined the prosecution’s case saying that the defendant was under the influence of alcohol at the time of the incident.

She claimed that she had knowingly, without considering the impact of her actions, got behind the wheel of her Toyota pick-up and drove recklessly causing the car to flip, killing two of her passengers.

She told the Court that on the night of Wednesday 20 November 2013, Kohlhase and a group of friends were drinking at Y-not club. Later that night, she met up with the deceased men at an after party held at Le Well.

Some time around 3am, the party disbursed and she took with her as passengers the three men. Their first stop was at Treasure Garden, where they dropped off one passenger.

Heading towards Vailoa, Ms. Chang said witnesses noticed that the vehicle was speeding excessively. It swerved to the side where it crashed.

The prosecution lawyer said the incident was very unfortunate but it could have been avoided if the defendant took responsibility for her actions that night.

Chief Justice Patu has adjourned the matter until tomorrow for Mr. Urima to continue his evidence.

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