JUDGMENT OF THE COURT
This appeal is from the judgment of the superior court (Mrs P.M. Tutui, Commissioner of Assize) delivered on June 16, 2000 in its Civil Case No. 665 of 1984 in which she held that, although a police abstract report had been tendered in evidence before the court, no evidence had been tendered by the plaintiff to show whether the police had abandoned their intention, intimated in the police abstract report, that they intended to charge the plaintiff with careless driving of his vehicle thereby causing the accident. The Commissioner also observed that the defendant's defence attributed certain acts of negligence to the plaintiff. The Commissioner further found that since the police abstract report and the defendant's defence are part of the court record, it was therefore upon her to decide whether the plaintiff had proved his case which was based on negligence.
The accident occurred on March 17, 1982, and it involved the plaintiff's vehicle registration number KTE 245…