Referring to his client, Lei’ataualesa said it would be an injustice if the wrong person is convicted. Further, convicting the wrong person would also be an injustice to the late Mr Risale and Mr Heather
One side is convinced beyond reasonable doubt that Leslie Kohlhase is guilty, the other strongly disagrees.
That was the nature of the arguments presented before the Supreme Court yesterday as the hearing of Kohlhase winds down.
Kohlhase faces four charges in relation to the deaths of Jessie Risale, 22, of Vaimoso and Thesaurus Heather, 20, of Tufuiopa. She has pleaded not guilty to two counts of manslaughter and two alternative charges of negligent driving causing death.
Kohlhase is represented by Lei’ataualesa Daryl Clarke. They are up against the prosecution team made up 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.
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Yesterday, Mrs Su’a-Mailo told the assessors that if they look back through the evidence presented during the past three weeks, the prosecution has proven beyond reasonable doubt that Kohlhase indeed drove the vehicle that crashed and killed the two young men last year.
The lawyer said it has been proven that Kohlhase was behind the wheel of the vehicle. Further, it has been established quite clearly that the accused drove recklessly that night, endangering the lives of people in the car.
More than twenty witnesses including police officers, medical doctors, as well as eye-witnesses at the crash site have all testified about what they saw. During the proceedings, Mrs Su’a-Mailo said the evidence included photographs and aerial maps which all point to one conclusion and that is the accused is guilty.
“The prosecution’s submission is that Leslie did drive the vehicle at the material time of the accident,” the assessors were told.
“It all boils down to who was the driver of the car. I ask you not to be side tracked with Fa’atoia [Tupu being the driver].”
Mrs Su’a-Mailo said this particular case was a “very tragic and sad story” and those involved were “very young.”
That aside, the law states that when a person acts negligently, he/ she must be punished, “The law does not differentiate on who it applies to, it applies to all people who are in charge of a motor vehicle.”
But Lei'ataualesa disagrees.
He reiterated that Kohlhase did not drive the vehicle when it crashed.
The lawyer reminded the assessors that they have already provided witnesses, including one Fesola’i Laki Ifale, who saw Kohlhase walking away from the driver’s side.
“The deaths of Jessie Risale and Thesaurus Heather is no doubt a tragedy,” said Lei'ataualesa. “They were two young men with their lives ahead of them.”
Their deaths have had a ripple effect on the community, he stressed.
But the incident has also meant that Kohlhase’s life “has been changed forever.”
He said his client has been deeply affected by what had happened.
For her sake, he said “justice” must be done and to achieve this, “make sure the right person is punished.”
Referring to his client, Lei’ataualesa said it would be an injustice if the wrong person is convicted for the crime. Further, convicting the wrong person would also be an injustice to the late Mr Risale and Mr Heather, he said.
Kohlhase’s lawyer said evidence throughout the past three weeks has proven that his client was not the driver when the crash happened.
The hearing continues this morning when Lei'ataualesa is expected to complete his final submission.
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