‘He never overtook’
Court hears driver of taxi in Westmoreland crash that killed five was not overtaking
Published:Thursday | December 14, 2023 | 12:04 AMAlbert Ferguson/Gleaner Writer
WESTERN BUREAU:
AS part of its successful arguments for bail for Delroy Rodney, the defence team said that the driver of the taxi that collided with another vehicle and resulted in the death of five passengers was not overtaking a vehicle at the time of the accident.
“I just wish to point out that he never overtook and that when the statements are dissected, analysed, and subject to some amount of illumination ... what the witness says is that when the vehicles in front stopped, he [Rodney] swerved. None of the witnesses mentioned him overtaking,” the defence argued in the Westmoreland Circuit Court on Tuesday.
After spending over 30 days in jail, High Court Judge Justice Courtney Daye granted Rodney, 47, bail for $7 million on Tuesday.
Daye offered bail against the prosecution’s objection.
Rodney has been slapped five charges of causing death by reckless driving, arising from the death of 15-year-old schoolgirl Lavecia Forrester and her 39-year-old mother, Petrina Wallace, of Gordon District, Whitehouse, Westmoreland; Oneil Allen and his mother, 65-year-old Angela Samuel, of Mount Edgecombe; and 54-year-old Janet Thompson of McAlpine.
The five and another passenger were in Rodney’s grey Toyota Noah when it hit a vehicle travelling in the opposite direction at around 3:30 p.m. on November 13.
The crown claims its strengths in securing a conviction are allegations of speeding and overtaking, speeding on a wet road while transporting passengers in a public passenger vehicle, and the number of accidents that have occurred in Westmoreland resulting in death, along with the fact that the accused man fled the scene of the accident.
“This is an absolute, serious offence, and the strength and weight of the evidence at this time, even without the post-mortem, accident, and reconstructing reports, and the circumstances as outlined along with Mr Rodney’s comments at the scene, also when cautioned and charged, and the fact that he left the scene at the time, the Crown has significant concerns about his likely attendance for trial,” the prosecution said.
The prosecution also argued that a guilty plea would warrant a prison sentence.
“In light of the public interest, I submit that the right path is to fast-track the file and that Mr Rodney is not an acceptable person to be admitted to bail at this time,” it said.
Rodney’s defence team of attorneys, Faith Salmon and Lambert Johnson, made compelling arguments for bail.
According to Johnson, Rodney has been a taxi driver for over 20 years and is married with three boys, ages 17, 15, and four.
“Mr Rodney has deep, extensive, and strong community roots,” Johnson told the court, adding that he is a top deacon at Belmont Seventh-Day Adventist Church.
The defence claims that the accused was deeply hurt by the accident that killed the five people.
“When he was arrested and charged, his words were, ‘I am sorry for what happened’,” Johnson said, noting that Rodney was also affected by the deaths since he knew the deceased persons.
Johnson observed that the truck with which Rodney’s vehicle collided was travelling at 60 kilometres.
“The witness from the truck says the driver pressed the brakes, and the truck started to slide. Another witness says that after the Toyota Noah swerved to the far right, the truck was trying to stop, but due to the load and road condition, the truck could not stop,” Johnson argued.
He claimed Rodney’s 55 per cent worn tires weren’t unsafe or ineffective.
The defence further argued that all 10 truck tires were barely 20 per cent worn, indicating outstanding condition.
Justice Daye explained the court’s decision to grant bail to the accused man, noting that it would take before February of next year to complete the file and another four to six months to place it on the trial list.
He said a person is innocent until proven guilty, but the court must evaluate liability, the accused’s actions, and his post-accident behaviour, as well as the charges.
The prosecution said the accused fled, but Justice Daye noted that people flee for many reasons, but the accused’s conduct and what followed next are most important.
“What happened after he left the scene was that he turned himself in within a reasonable time. He surrenders himself to the police through his lawyers. That is a factor that carries great weight in a man’s favour for bail,” the judge reasoned.