Teen freed of causing death by dangerous driving charge

Adon De Silva, an 18-year-old resident of Lot 621 Charity Housing Scheme, Essequibo Coast, was on Tuesday found not guilty of causing the death of Mannieram Sooklall by dangerous driving after Charity Magistrate Esther Sam upheld the no-case submission made on his behalf by Attorney-at-law Bernard Da Silva.
It was alleged that on Thursday, November 3, 2022, at Charity Extension Scheme Access Road on the Essequibo Coast, De Silva drove an unregistered Raptor all-terrain vehicle (ATV) in a manner dangerous to the public, thereby causing the death of 36-year-old Sooklall, of Lot 403 Charity.
According to the no-case submission made by Attorney Da Silva, Asif Jamaladeen, pillion rider on the ATV at the time of the accident, was the only witness who could account for what took place on the night of the fatal accident; and that witness has said in his testimony that there were a few speed bumps on the route that he and De Silva were travelling.
According to Da Silva, Jamaladeen said they spotted a crowd gathered at a spot on the road when they were heading back, and when they went to find out what was going on, they discovered a man, later identified as Sooklall, lying in what looked like blood.
In his November 3, 2022 caution statement, Da Silva stated that the following is what his client informed the Police: “Officer, I bin a ride my motorbike, and I see a man lay down on the road bleeding, and I go home and tell my father.” From this, the lawyer reasoned, it could be logically concluded that Sooklall was already injured when his client saw him.
“There is evidence, during the trial and from evidence disclosed, that the deceased is a person known to imbibe alcohol, and also smokes cigarettes,” Da Silva submitted.
The certifying officer, a Police rank who examined the ATV, stated in his testimony that the vehicle appeared undamaged; that the brakes, steering, and lights were all in good working condition; and that no bloodstains were apparent on it, the attorney said.
Da Silva emphasised in his submissions that neither the prosecution nor any of the witnesses, Police ranks or civilians, had mentioned seeing tyre marks on the now-dead man, nor had a pathologist been called to explain Sooklall’s injuries or cause of death.
Considering this, the lawyer submitted, “This injury that caused the death of this individual can be occasioned by someone hitting the deceased to his head with an object. It can be inferred that a vehicle of this weight and construct hitting someone and running them over must have created more damage than the injuries recorded on the PM [post mortem] report.
“There was no conclusive evidence that the injuries seen are consistent with a road accident, or that the other injuries, which appear to be minor, could be ascribed to an accident involving the type of vehicle the defendant was in control of on the 3rd of November, 2022.”
In the circumstances, Da Silva argued, the state failed to discharge its evidential burden of proof. Consequently, his client should not be called upon to lead a defence.
Concurring with defence counsel’s submission, Magistrate Sam upheld the no-case submission and dismissed the charge against De Silva.
According to reports, on November 3, 2022, at about 19:00h, the ATV driven by the teenager was proceeding along the road at an allegedly fast rate of speed when the driver suddenly lost control and allegedly collided with Sooklall, who was standing in front of his home.
The Police had stated that the teen had reportedly stopped at the scene, but after seeing Sooklall lying on the roadway motionless in a pool of blood, he fled without providing any assistance to the injured man. Sooklall was left on the scene for a while, until he was picked up by a public-spirited citizen and rushed to the Oscar Joseph Hospital at Charity, where he was pronounced dead on arrival.
De Silva had been out on $300,000 bail pending the hearing and determination of his trial. In addition to the death by dangerous driving charge, De Silva had also been charged with being an unlicensed driver. To that charge, he pleaded guilty and was fined $50,000.
Meanwhile, his father, Henry De Silva, had been charged with permitting his son to use an unregistered vehicle. After pleading guilty, the older De Silva was fined $100,000. (G8)