The man accused of causing the death of 60-year-old Grethel Lewis was on Monday arraigned on three traffic offences, including causing death by dangerous driving. He was admitted to bail in the sum of $300,000 after appearing before acting Chief Magistrate Priya Sewnarine-Beharry.
It is alleged that on November 9 at Camp Street, Georgetown, Leon Bernard drove motor lorry GKK 739 in a manner dangerous to the public, causing the death of Grethel Lewis. On the same day also, Bernard is accused of driving the said motor lorry when he was not licensed to drive that vehicle.
The defendant on November 9 also allegedly drove the lorry in question without a policy of insurance for third party risk.
The 49-year-old father of three of Prince William Street, Plaisance was not required to enter a plea to the indictable charge of causing death by dangerous driving when it was read to him but he pleaded not guilty to the other two summary charges.
Prosecutor Stephen Telford told the court that on the day of the incident, the defendant was driving the vehicle in a reckless manner and above the prescribed speed limit for the area when he struck the woman who was attempting to cross the road on the pedestrian crossing.
According to Telford, after being hit on the pedestrian crossing by the speeding driver, the woman fell to the ground in an unconscious state and was rushed to the Georgetown Public Hospital. The prosecutor said that the woman who never regained consciousness subsequently succumbed to her injuries on November 16.
In submitting that the accused be remanded to prison, Telford said that the court should take into account the seriousness and prevalence of the offence. He stated too that the court should take a serious view that though the accused is a licensed driver, he was not licensed to drive the type of vehicle which was involved in the accident.
“He is not licensed to drive motor lorries,” Telford emphasized.
In the objection to bail, the prosecution pointed out also that the court should take cognizance of the fact that the victim was, as ordered by law, using the pedestrian crossing when she was hit.
Attorney-at-law Euclin Gomes who represented Bernard told the court that his instructions differed greatly from what was presented by the prosecution.
Gomes contended that the victim was not on a pedestrian crossing at the time of the incident. The lawyer told the magistrate that he was in possession of a photograph which would prove to the court that the prosecution’s claim that the woman was on such a crossing was false.
The magistrate, however, told the lawyer that she did not want to see the photo he had.
“There is absolutely no pedestrian crossing in the area where the woman died,” counsel stressed. He told the court too that as regards the issue of the insurance, his client could not be held culpable for this traffic violation as it is the company for which he works that has the responsibility of ensuring that the vehicle’s documents are up-to-date.
In his bail application, the lawyer said that his client has no previous convictions, has a fixed address, poses no risk of flight and has since been cooperating with police investigations. He noted that Bernard has since been placed on $50,000 station bail and has been reporting to the Brickdam Police Station when required to do so.
According to Gomes his client has also been assisting the relatives of the deceased in whatever way possible.
After listening to the facts of the case, the acting chief magistrate denied the prosecution’s request.
Bernard was then granted bail to the tune of $300,000 and ordered to return to court on December 1.
