Magistrate frees man on bail for causing death by dangerous driving charge

A man who was placed on $1 million bail back in January on a charge of driving dangerously resulting in the death of a pedestrian, was on Wednesday set free of the charge after Senior Magistrate Dylon Bess upheld a no case submission.
Joseph Gladwin also known as “Menty” is alleged to have caused the death of Andrew Adams 29, called “Greg”, by dangerous driving.
The incident occurred on January 24, 2024, on the Citrus Grove Main Access Road, Port Kaituma, Region One (Barima-Waini).
He was charged with the offence, contrary to Section 35 (1) of the Motor Vehicle and Road Traffic Act, Chapter 51:02.
Reports are that the accident occurred at 03:00hrs on January 24, a day before Adams would have celebrated his 30th birthday. Reports are that Adams was found with multiple injuries about his body and was rushed to the Port Kaituma Regional Hospital. However, he died while receiving treatment, relatives said.
Reports are that Adams called a sibling prior to the accident and requested a drop home. However, he changed his mind and decided to walk home. Adams’ sister stated that her brother was struck down by a man called “Menty” who drove away after hitting her brother.
“Somebody else was passing and saw my brother and called the police. Then the ambulance pick him up and they take him to the hospital,” the woman had reported.
In a no case submission to the court, Attorney at Law Bernard DaSilva who represented Gladwin, told the court that while it is admitted that he was the custodian of motor car PYY 8713, on January 24, 2024. There is no evidence to suggest that he was involved in an accident. “The prosecution seeks to rely on the inference that, a mud guard was found at the scene of where the body was lying. Notably this is a public road, where many vehicles traverse.
The mud guard that was retrieved from the scene, has no corroborative value. There was absolutely nothing to link the defendant’s car to the mud guard. There was no forensic comparative analysis, there was no attempt to even do a physical match by the investigators,” the Attorney argued.
Additionally, DaSilva stated there is no eyewitness called in support to prove, that the defendant drove dangerously on January 24, 2024.
“There is no evidence to suggest that the deceased died as a result of a motor vehicle accident. The Post Mortem recorded the cause of death as multiple injuries. There is no opinion that, those injuries are consistent with a motor vehicle accident. The Pathologist was not called to explain his findings.” DaSilva, continuing his submission, told the court that it was not unreasonable to infer that the extent of injuries found on the deceased body as recorded in the Post Mortem report; if caused by the defendant’s motor car, would have caused extensive physical damage, so much so that; it will be too obvious to escape even the squinted eyes.
“Notably, the defect sheet, and the evidence of the police sergeant coupled with the photographic evidence presented by the prosecution, did not support any theory of recent damages, blood stains, torn clothing, or any other corroborative evidence, found on the defendant’s car.”
The Attorney submitted that the prosecution failed to prove firstly that Julius Adams died by motor vehicle accident; and secondly that it was the defendant who committed the crime, thereby causing the death of Julius Adams.
After listening to the submissions, the Magistrate ruled that a Prima Facie case was not made out and dismissed the charge against Gladwin.