On 17/8, Vinh Long Provincial Police finalized the investigation conclusion for the case of violating regulations on road traffic participation, identifying Thach Sa Phonl, 39 years old, from Cau Ke commune, as primarily at fault in the accident that led to the death of Nguyen Van Oanh, 68 years old.

According to the new conclusion, the accident directly resulted from Phonl driving the truck outside his designated lane. Oanh was at fault for overtaking when not permitted, but this was not the primary fault, and as he is deceased, his responsibility is not being considered.

This finding contradicts two previous resolutions by the Tra On District Police and People's Procuracy, both of which determined Oanh was primarily at fault and the truck driver only committed an administrative violation, thus not initiating criminal proceedings.

The case file has now been transferred to People's Procuracy Area 4, Vinh Long province, with a recommendation to prosecute Thach Sa Phonl.

The scene of the accident on 7/6/2024 that resulted in Nguyen Van Oanh's death. Photo: Provided by residents

Driver encroached lane, but deceased deemed primarily at fault

In the afternoon of 7/6/2024, Oanh was riding a moped from Tich Thien commune towards Vinh Xuan commune when he collided with a moped driven by a 49-year-old man traveling in the same direction.

Subsequently, Oanh's vehicle further collided with a Tra Vinh-plated truck driven by Phonl, which was traveling in the opposite direction. Oanh died at the scene.

Three months later, on 12/9/2024, Lieutenant Colonel Le Quoc Viet, then Deputy Head of Police and Deputy Head of the Investigation Police Agency of Tra On District Police, signed a decision not to initiate criminal proceedings for the case.

The stated reason was that "the person who committed the socially dangerous act has died," referring to Oanh; while Phonl only committed an administrative violation.

Oanh's family disagreed and filed a complaint. On 24/10/2024, Lieutenant Colonel Nguyen Hoang Van, then Head of Police and Head of the Investigation Police Agency of Tra On District Police, upheld the decision not to initiate proceedings.

The family continued to send their petition to the Vinh Long Provincial People's Procuracy, which was then forwarded back to the former Tra On District People's Procuracy for resolution within its jurisdiction.

On 13/11/2024, Huynh Minh Trung, then Chief Procurator of Tra On District People's Procuracy, again determined that the victim was primarily at fault.

This decision stated that Phonl drove the truck outside his designated lane, leading to a collision with Oanh's moped. Meanwhile, Oanh overtook another moped, causing his vehicle to collide with the truck.

Based on these assessments, the Tra On District People's Procuracy maintained its decision not to initiate criminal proceedings.

Investigation reverses previous findings

Oanh's family continued their complaint to the Vinh Long Provincial People's Procuracy.

On 26/3, this agency revoked the complaint resolution decision issued on 13/11/2024 by the former Tra On District People's Procuracy, now People's Procuracy Area 4.

Subsequently, on 3/4, People's Procuracy Area 4 revoked the decision not to initiate criminal proceedings issued on 12/9/2024 by the former Tra On District Police. The case was then transferred to the Investigation Police Agency of Vinh Long Provincial Police for reinvestigation within its jurisdiction.

On 30/6, Vinh Long Provincial Police initiated the case and prosecuted Phonl for violating regulations on road traffic participation, under Article 260 of the Penal Code.

The subsequent investigation yielded a completely different result: Phonl driving outside his designated lane was the direct cause of the accident, and he was the one primarily at fault. Oanh was at fault for overtaking when not permitted.

According to the Investigation Police Agency of Vinh Long Provincial Police, the previous events occurred "due to the limited legal understanding of the investigators at that time."

What happened to those who handled the initial case?

Lieutenant Colonel Le Quoc Viet, Lieutenant Colonel Nguyen Hoang Van, and former Chief Procurator of Tra On District People's Procuracy Huynh Minh Trung – those responsible for handling Oanh's accident case previously – are now being prosecuted by the Investigation Agency of the Supreme People's Procuracy in another case.

They are under investigation related to a case of not prosecuting a guilty person during the handling of a traffic accident that resulted in the death of a 14-year-old female student in Vinh Xuan commune in early 9/2024.

An Binh