TWO years after a seven-year-old girl was crushed to death during an accident in Agricola, on the East Bank Demerara, a truck driver was on Tuesday freed of the offence after a city magistrate upheld a no-case submission in his favour.

The man, 41-year-old Danion Welcome, was on trial before Senior Magistrate Leron Daly at the Georgetown Magistrates’ Court.

He had pleaded not guilty to the charge, which stated that on July 1, 2019, at the Agricola Public Road, he drove motor lorry GWW962 in a dangerous manner to the public, causing the death of seven-year-old Ciara Benjamin.

During the trial, Welcome was released on $500,000 bail, and his licence was suspended by the court.

Welcome was represented by Attorney-at-Law Dexter Todd, who made a no-case submission, arguing that the prosecution failed to establish evidence to prove that his client drove his motor lorry in a dangerous manner, resulting in the death of Benjamin.

Todd contended that the prosecution had failed to prove that the defendant’s standard of driving fell below the standard of driving that would be expected of a competent and careful driver.

Magistrate Daly, on Tuesday upheld the no-case submission, and dismissed the charge against Welcome.

According to police reports, on July 1,2019, at approximately 16:10hrs, the child and her aunt were attempting to cross the busy road, when the driver of the truck initially swerved in the direction of the median to avoid hitting them both on the public road at Agricola.

He then lost control of the said vehicle and collided with the child, who was standing by the median, causing her death.

The matter was reported to the police, and following an investigation, a file was sent to the Director of Public Prosecution (DPP), who advised that the man be charged for the child’s death.