Lorry driver faces 12 counts of causing death by dangerous driving
THE lorry driver in the horrific Berbice accident was slapped with 12 counts of causing death by dangerous driving when he appeared before Magistrate Adela Nagamootoo in the New Amsterdam Court yesterday. Chetram Moonsammy, 34, stood expressionless when the indictable charges were read to him, shortly after 11:00hrs.
Particulars of the offences, which were sworn to by Police Sergeant Forbes Brown, stated that on Friday October 29 last, at Suzanna Village, East Coast Berbice, he allegedly drove motor lorry GLL8863 in a manner dangerous to the public, resulting in the deaths of Oudit Narine Babulall, Marques Ault, Nazaradin Mahinudin, Salmaa Razac, Orlando De Mattos, Janet Baker, Cindy Jaggernauth, Lalita  Mendonza, Patricia  Asgerally, Josiah Khan, Salima Juman –Dinmohamed and Chetram Ramphal.
In a similar amount of summary charges, to which the defendant pleaded not guilty of failing to render assistance, police said the defendant, on the same day, whilst behind the wheel of GLL 8863, having being involved in an accident, whereby injuries were caused to the now deceased whose names are mentioned above, failed to render assistance, by failing to take the said persons to a registered medical practitioner for medical treatment.
Police Corporal Roberto Figueira, prosecuting, objected to pre-trial liberty, noting that 12 persons were killed in the accident.
Figueira said, “If bail is granted, there is a likelihood that he would not attend his trial. This offence was committed on the Number 19 Public Road. The accused, instead of rendering assistance, fled the scene.”
Attorney at Law Mursulene Bacchus reminded the Court of the case of the State versus Compton English who was charged with 76 counts of simple larceny allegedly committed over a period of time, but yet that defendant was allowed bail, by Justice Rishi Persaud.
His client, he said, resides with his reputed wife Radica Persaud, at 36 Johanna South Black Bush Polder, with their eight-year-old child.
The lawyer informed the court that the defendant is responsible for the maintenance of three other children born to his reputed wife.
According to Bacchus, Moonsammy is a rice farmer and currently has one hundred and fifty acres of rice which should be reaped shortly.
“The allegation is that 12 persons had died. The figure 12 should not be taken into consideration. If it was recklessness, he would have been charged with manslaughter. The defendant has no intention to flee the jurisdiction. The prosecution must have proof that the defendant wants to flee”, stressed Bacchus, showing the Magistrate the defendant’s passport which has expired since June last.
“Although the case is high profile, the offence is just an allegation. It’s untrue for the prosecution to say that he fled the scene. He was so confused that he went to Whim [Police Station] where he reported the matter, and was brought back to the scene. There are no sufficient grounds established by the prosecution for bail to be refused”, reiterated Bacchus.
Referring to the October 30 edition of the Kaieteur News which stated that the minibus was overtaking and was at fault, the Berbice lawyer said, at no point did the police refute the newspaper statement.
Meanwhile, Magistrate Nagamootoo, on hearing the submissions, denied bail and remanded Moonsammy to prison until January 3, 2011.
Bacchus thereafter informed the Berbice media that he will make a bail application in Georgetown, as there is no Judge in Berbice who is conducting criminal trials.