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Fiji Time: 12:21 AM on Tuesday 21 May

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Bus owner let off

Avinesh Gopal
Wednesday, May 09, 2012

A BUS company director charged with manslaughter was discharged by the High Court in Suva.

Raiwaqa Bus Company director Ashish Deepak Kumar was charged with 12 counts of manslaughter.

The charges were laid against him after his company's bus caught fire in Sigatoka on August 28, 2008, resulting in the deaths of 12 passengers.

He was charged with causing the deaths of the 12 passengers by an unlawful omission amounting to culpable negligence to discharge a duty tending to the preservation of life and health.

Lautoka lawyer Iqbal Khan, who represented Kumar, submitted that the statements of all witnesses did not implicate his client.

Mr Khan submitted that there was no criminal negligence by Kumar. Director of Public Prosecutions Christopher Pryde filed a nolle prosequi on Friday.

He informed the court that the State does not intend to continue the proceedings against Kumar.

After the filing of the nolle prosequi, High Court Judge Justice Paul Madigan discharged Kumar.

Justice Madigan also ordered that Kumar's passport held at the Sigatoka Magistrate's Court be returned to him and his name be removed from the immigration stop departure list.

Yesterday, he ordered that the $3000 bail money held at the Lautoka High Court in the name of the accused be released to him and his case was no longer proceeding.

Mr Khan told The Fiji Times yesterday that he was grateful the DPP had analysed the facts of the case and withdrawn the charges against his client.

The bus fire on August 28, 2008, claimed the lives of Naise Radini Kana Belamaro, Ilisapeci Valevei, Hazel Mar, Daniel Paul Mar, Monika Baleiyanuca, Seveti Henderson Mawi Junior, Alisi Kalougata Adimaiyacata, Joana Adivese, Samuela Duna, Sera Naikelekelevesi Waqanivavalagi, Salome Radravu and Laisa Duna.

The charges laid against the driver of the bus will proceed in court.