A MAN found guilty, on Friday October 25, at Sparendaam Magistrate’s Court, of causing death by dangerous driving and driving under the influence of liquor, was let off with a warning.But, Shaun Lall, 30, son of Haimwattie Lall, a senior officer in the Ministry of Foreign Affairs, paid $3M to the widow of the deceased, Suresh Sawh, who was killed in the road accident.
He has also lost his job and his Canadian passport has been detained.
Former High Court Judge Mr. Jainarayan Singh prosecuted the case for the Director of Public Prosecutions (DPP).
Lall had driven a jeep, PJJ 8098, in a dangerous manner on the East Coast Demerara Public Road and caused the demise of Sawh, a 43-year-old gardener employed by the Mayor and Town Council on December 8, 2010.
Alcohol level
Lall was also convicted of being in charge of a vehicle while his blood alcohol level exceeded the prescribed limit.
At that time, in 2010, he was represented by a battery of lawyers, including Mr. Anil Nandlall, before Magistrate Judy Latchman who had put him on $2M bail, ordered his Canadian passport held, and instructed him to report to Sparendaam Police Station every fortnight.
Subsequently, a writ of prohibition was filed on January 10, seeking an order restraining Magistrate Latchman from presiding at the trial, on the ground of bias as it was alleged that the dead man had been the gardener of the same magistrate.
On September 19, 2011, Justice Diana Insanally granted the order of prohibition and the case was then heard by Magisrtrate Alex Moore, at Sparendaam Court, as well.
At the close of the case for the prosecution, Mr. Euclin Gomes, for the defence, submitted that, if the victim was, indeed, hit on the southern carriageway of the East Coast Public Road and his body was found on the northern carriageway, he had been struck in the middle of the southern carriageway.
Random projectile
In reply, Singh argued that, where an unsuspecting cyclist is hit from behind by a vehicle driven at a fast rate of speed, the trajectory of the cyclist’s passage to the ground cannot be mapped out or traced with any degree of certainty by any able scientist as the cyclist was no more than a random projectile.
That submission was overruled and the magistrate called on the defendant to lead a defence.
The defendant gave an unsworn statement in which he claimed that one of his tyres blew out and he could not avoid the accident.
At the end of the proceedings, Magistrate Moore remarked that this was the longest running case on his roster and commended Singh for his perseverance.
After announcing that the defendant was guilty in both cases, the magistrate suggested to him that he offer some kind of compensation to the widow of the deceased in place of a fine and imprisonment.
The widow of the deceased then agreed to accept $3M in full and final settlement and it was paid in open Court.
The magistrate, taking into account that the defendant had lost his job in Canada and the length of time the trial took, cautioned and set him free.