Former Chronicle photographer freed of causing death charge
FORMER Guyana Chronicle photographer Delano Williams was yesterday freed of causing death by dangerous driving, and driving under the influence of alcohol charges.
Acting Chief Magistrate Priya Sewnarine-Beharry dismissed the cases after the Prosecution failed to present witnesses. Police Sergeant Lionel Harvey, prosecuting, had previously called the victim’s wife and brother to give evidence, but another witness to complete the presentation was absent.
The Prosecutor requested an adjournment, but the magistrate refused to grant it, noting that on several previous occasions the Prosecutor had been ordered to present all his witnesses; and the case was fixed for completion yesterday, after several adjournments.
Defence Counsel Nigel Hughes made a no-case submission, which was upheld by the magistrate.
Upon hearing about the dismissal of the cases, the mother of the deceased became inconsolable, lamenting that justice had not been served because the defendant “get off”, drinking and driving and killing her son.
The magistrate explained to the grieving woman that it was the duty of the Prosecutor to produce the witnesses, and he had several opportunities to do so.
The magistrate advised that the family could seek the assistance of an attorney-at-law to appeal the case; or, if they feel the Police had failed them by not presenting the witnesses, they could complain to the Police Complaints Authority (PCA).
Williams, 28, of Lot 10 Mon Repos, East Coast Demerara, who first appeared in court on June 27, 2011, was charged indictably with having, on June 26, 2011, in Sheriff Street, Georgetown, driven motor car PMM 1094 in a manner dangerous to the public and caused the death of Sewcharran Persaud Ugraj.
Williams did not have to plead to the indictable charge, but pleaded not guilty to the other, which stated that, on June 26, 2011, he drove the same motor car while being under the influence of alcohol, when his blood alcohol level tested 136 percent over the legal limit.
It had been alleged that, at about 04:30 hrs, the accused was driving north along Sheriff Street when he ran into Ugraj, who was standing on the eastern side of the road.
Ugraj, 35, a truck driver of Lot 162 Mon Repos Pasture, East Coast Demerara, was killed instantly when a Toyota IST struck him on Sheriff Street, near Angee’s Boutique.