A FIFTY-nine-year-old truck driver of Windsor Forest Railway Embankment, West Coast Demerara, is soon to know his fate on a causing death by dangerous driving charge. Winston Felix is accused of causing the death of Fatima Jamal by dangerous driving, alleged to have occurred on November 28 at Agricola Public Road, East Bank Demerara, where he drove motor lorry GKK 8663 in a manner dangerous to the public.
Yesterday, both the defence and the prosecution made their respective submissions and the matter was adjourned by presiding Magistrate Ann McLennan to Friday, June 19, 2015, for decision.
Felix pleaded not guilty to the charge on his first appearance in court and was granted bail in the sum of $800,000.
According to the prosecution, on the day in question, Jamal was crossing the street on the pedestrian crossing, whilst Felix was driving the said lorry. Felix admitted that he saw Jamal crossing the road, and his right front bumper collided with her.
Felix is being represented by Attorney-at-Law Mr. Rabindra Rooplall. The defendant has been a driver for more than 14 years and has no prior convictions or pending matters.
Defence counsel in his submission stated that his client swerved and there is no evidence of speeding or tyre impressions. He argued that it is the duty of the prosecution to provide all evidence beyond reasonable doubt.
He noted that from the evidence before the court, it cannot be found that his client on the day in question drove dangerously or recklessly. He further noted that on the day of the accident, Jamal was looking in the wrong direction when she commenced crossing the three-way lane.
However, submission made by the prosecution was delivered by Police Sergeant Neville Jeffers. The prosecutor emphasised that the case was proved by the requisite standard against Felix for the manner in which he drove that day.
However, the court heard that from the evidence adduced, the defendant showed no careful attention to road users and applied no safety precaution on that day.
According to Jeffers, a driver should when driving adhere to a safety rule which is to watch out for pedestrians who may emerge suddenly from behind stationary vehicles or obstruction. Also, drivers should be careful when approaching schools, bus stops and pedestrian crossings.
The prosecutor brought to the attention of the court that the defendant in his caution statement mentioned that he first saw the deceased when she was 25 feet away which could have given Felix enough time to stop the vehicle if he was driving at a normal rate of speed. He argued that, instead of applying brakes, Felix swerved to avoid the collision, and ended up hitting Jamal.
Hence, the police prosecutor asked the court to find the defendant guilty as charged for the offence; meanwhile, defence counsel asked that Felix be found not guilty.