There was no reconstruction evidence to help the court determine the circumstances of a serious accident that occurred on Government Hill six years ago.
In fact, said Magistrate Graveney Bannister, there were many crucial elements, like speed, distance and independent eyewitnesses, missing from the case.
“There was a big question mark,” he said as he reviewed the evidence in the matter against driver Zamani Williams, who was in the Bridgetown Traffic Court on Friday.
As a result, the magistrate dismissed the matter and told the driver he was free to go.
Williams, 45, of Government Hill, St Michael, had been charged with driving his vehicle, registration number MY 512, on Government Hill, St Michael, on August 6, 2012, in a manner dangerous to the public. His attorney Ezra Alleyne had submitted the driver had no case to answer, given the evidence.
Williams had originally been accused of causing the death of 71-year-old Joan Alleyne by dangerous driving on the same date, but that charge was withdrawn.
“I don’t have any evidence of the distance of brake marks. And then another concern for me was whether or not there was any expert evidence of the reconstructionist,” the magistrate said.
He noted there was no evidence to indicate the speed of the three vehicles involved in the accident.
“Is there a report from the reconstruction expert? Nothing. This is a case of dangerous driving and I concur [with attorney Alleyne] that there are some crucial elements missing from this case – speed, distance, independent eyewitness, how far was [Kenneth] Forde when he was coming down [Government Hill].
“According to [Williams], he came out [of Rogers Road], lined up and then bruggadung. Forde’s vehicle collided with the rear of [Williams’].”
As he pointed to a “paucity, shortage and scarcity of evidence” in the matter, the magistrate said he found that Williams had no case to answer. (HLE)