Essau Aaron Akbar freed of causing death by dangerous driving
MAGISTRATE Ann Mc Clennan, presiding at the Christianburg Magistrate’s Court on Wednesday last, upheld a defence no-case submission and dismissed accused Essau Aaron Akbar on a charge of causing death by dangerous driving. The prosecution’s case was that on Sunday January 3, 2010 at the Mabura Public Road, 48 Miles Point, Akbar drove a motor-pickup in a dangerous manner, leading to the death of Newshad  Shameer, an adult  male who was a passenger in the vehicle.
The evidence led was that Shameer, Essau Akbar Snr and two other persons were passengers in a vehicle driven by Esau Aaron Akbar which toppled while he was negotiating a turn at 48 Miles Point.
Defence Counsel Mr. Jerome Khan successfully argued that the Vive Voce evidence given by the police witnesses all verified that it took almost two hours from the time the defendant took over the driving of the vehicle at the Linden junction to the point where the accident took place some 48 miles away.
The Defence Counsel said that the average speed on the journey was approximately 24 miles per hour, way below the speed limit on that particular highway.
Khan also submitted that the prosecution witnesses, who were present in the vehicle at the time of the incident, admitted that the driver Aaron Akbar drove in a manner expected of a competent and careful driver.
According to them, if he had been driving dangerously or recklessly, they would have told him so and would have asked him not to drive so fast and to slow down.
Khan further argued that the prosecution failed to make out a prima facie case against the accused and that he ought not to be called upon to answer the charge of causing death by dangerous driving.
Magistrate Mc Clennan agreed with the defence counsel’s submissions and declared that the prosecution failed to satisfy the requirements needed to show that the accused drove in a manner in which he showed a lack of care and consideration for members of the public and the passengers in the vehicle.