Two men were yesterday charged with causing the death of 11-year-old Austin Lashley Jr. in a collision and they were remanded to prison.
When they appeared before acting Chief Magistrate Melissa Robertson, Desmond De Souza and Darrell Carpenay were both read a charge of causing death by dangerous driving, to which they were not required to plead. However, the two men were also arraigned on other charges, on which they were allowed to plead.
De Souza, 53, of 3330 South Ruimveldt Park was represented by attorney Patrice Henry. It is alleged that on May 26 at Rupert Craig Highway he drove motor car HB 8270 in a manner dangerous to the public and thus caused the death of Lashley Jr. He was also charged with driving his car and causing damage to a traffic light installation, property of the State of Guyana. He pleaded not guilty.
Henry, in his bail application, said that De Souza is a taxi driver attached to Oasis taxi service. He added that he has 11 children and was not a flight risk. Henry added that there was no basis for the refusal of bail, since his client was not going to leave the jurisdiction. He asked for reasonable bail to be granted.
Meanwhile Carpenay, 25, of 41 High Street, Werk-en-Rust, was represented by Senior Counsel Bernard De Santos. It is alleged that on May 26, he drove motorcar PLL 3541 in a manner dangerous to the public and caused the death of Lashley Jr.
The other charges against him read that on May 26 at Rupert Craig Highway he drove motorcar PLL 3541 while under the influence of alcohol to such an extent to render himself incapable of driving the said vehicle. Further, it is alleged that he caused damage to a traffic light installation. To the two latter charges he pleaded not guilty.
De Santos told the court that Carpenay owns and operates a music shop. He added that his client is not a flight risk since he has an established business.
The attorney asked the court to take into account that the instrument used to test his client did not record a reading which was in excess of the limit of the law. As such, he was surprised at the charge instituted.
De Santos said that on the day in question, his client was driving west along southern carriageway while De Souza was in his car going east. De Souza’s car turned in front of Carpenay’s car and caused the collision. The attorney added that he was able to see the other car and the damage is consistent with the facts as presented.
He said the left side door was bashed in. As it relates to the damage to the traffic light, De Santos said that he did not know that that was an offence.
While he is in agreement that damages should be paid, he is unsure whether it should be an offence. He said that he would have to check the statutes to verify whether it is a new addition to the law.
Police Prosecutor Inspector Stephen Telford in response to De Santos’s submissions said that when the test was conducted on Carpenay, it registered 0.93% of alcohol while the legal requirement is 0.35%. While he accepted the facts as presented by defence counsel, he said that both parties were going at a fast rate of speed. He said that the damage is reflective of the speed.
He added that drivers continue to drive without regard for their own and others safety. Additionally he said it was unfortunate that a life was lost in the process. He asked for bail to be refused to both accused.
His application was granted and the matter transferred to Court 7 for June 1.
The fatal collision occurred around 12:30 am on May 26. The boy’s mother, Paulette Lashley, and two of his siblings, 14-year old Alana and eight-year-old Acknette, sustained injuries to parts of their bodies following the accident. Alana was later discharged from the hospital.
The woman and her three children were returning home from the annual Independence celebrations at the National Park when the accident occurred.
