The Court of First Instance handled yesterday the criminal case against the suspect J.K.F., who is accused of causing a traffic accident on December 1st, 2023 in Savaneta, resulting in a fatality.
After the accident, he fled the scene; he also did not have a driver’s license. A tourist couple who had just arrived in Aruba was seriously injured. One of the victims (75 years old) passed away the next day from the injuries he sustained.
The suspect stated that he had been driving slightly over 80 km/h on a road where the maximum speed limit is 60 km/h.
It was dark and he was driving with heavily tinted windows (6% transparency instead of the legally required 70%). The prosecutor compared this to “driving with blindfolded eyes.” The suspect did not have a driver’s license, and had previously been prosecuted multiple times for driving without one.
The key legal questions in this case are:
• Did the accident occur directly as a result of the traffic violations committed by J.K.F.?
• Or could it have happened to any driver, even one driving carefully?
The facts and circumstances at the accident site are important to answer these questions. It is not sufficiently clear how and at what moment the couple crossed the road. Therefore, it cannot be determined with certainty that the fatal accident was the direct consequence of the suspect’s dangerous driving.
The Public Prosecutor’s Office concludes that there is insufficient evidence for manslaughter by negligence.
However, the Prosecutor considers it proven that the suspect drove dangerously. He is also accused of driving without a license and leaving the scene of the accident.
The Prosecutor condemns his repeated traffic violations, especially because he had already been convicted for driving without a license in the past. Driving without a license poses a major risk to road safety. The Prosecutor also strongly criticizes the fact that he fled and left the victims alone. The family of the deceased must continue living with their loss.
The judge delivered the verdict immediately.
J.K.F. was sentenced to 10 weeks in prison, of which 8 weeks suspended, with a probation period of three years, 80 hours of community service, and a 2-year driving ban for dangerous driving, driving without a license, and fleeing the scene of the accident. The suspect was acquitted of negligent manslaughter. The judge also ruled that J.F.K. would not get his car back.
Press Release Public Prosecutor’s Office