MAGISTRATE Adela Nagamootoo, last Friday, discharged motorist Dwayne Joseph, who was charged with dangerous driving. She ruled, in New Amsterdam Court, that the prosecution had failed to make out a case against him, as no post mortem report was tendered to show the cause of Julian Mohabir’s death.
The police had led evidence, from several witnesses, who testified that the defendant was behind the wheel of PHH 6528 when the motor car collided unto a utility pole at the northern end of the Canje Bridge also in Berbice, on January 4, 2011.
Joseph, Mohabir and others were in the vehicle when the collision occurred, instantly killing 23-year-old Mohabir and seriously injuring the passengers.
However, Magistrate Nagamootoo in her decision held that no case was made out against the defendant for the offence charged.
“There is no post-mortem report to make any findings to show the cause of death. The evidence presented only placed the accused at the scene of the accident but does not show dangerous driving on the part of the accused. As such, the prosecution failed to make a charge against the accused,” she pointed out.
Police Corporal Orin Joseph, prosecuting, had submitted that a case was made out for the offence of causing death by dangerous driving. (Jeune Bailey Vankeric)