The minibus driver accused of killing an elderly man through dangerous driving in July was yesterday cleared of all charges after a city magistrate found him not guilty.
Fitzroy Alder, 38, of Lot 36 East Ruimveldt, Georgetown, was charged with driving minibus BTT 3835 in a reckless and dangerous manner on July 17, thereby causing the death of Romell Juner, 60.
However, Alder yesterday walked out of the courtroom a free man after Magistrate Ann McLennan stated that the prosecution failed to prove its case against him.
Instead, the magistrate noted that the accident was caused as a result of the negligent use of the road by the deceased.
According to the charge against Alder, a Route 41 minibus driver, he allegedly drove at a fast rate between D’Urban and Lime streets, where he hit Juner, causing him to pitch several feet and lose consciousness. The driver had reportedly taken the injured man to the hospital, however, Juner subsequently died.
However, in leading his defence, Alder told the court that Juner, who was reportedly drinking at a nearby bar, ran into the path of his vehicle. The man further stated that he attempted to swerve with the hope of avoiding hitting the man but his attempts were futile and his bus collided with the deceased.
In handing down her verdict, Magistrate McLennan explained that the court believes Alder’s claim that he was not speeding but that Juner ran out into the path of the bus, thus causing him to be hit. Additionally, she noted that the evidence given by Jason James, one of the passengers in the bus at the time, substantiated Alder’s defence.
