Roger Bess, the driver who allegedly fatally struck an elderly man and injured two other persons on Cemetery Road last year, yesterday denied that he was driving recklessly.
The charge against Bess states that on January 1, 2015, he drove motor vehicle PNN 7977 in a manner that was dangerous to the public, thereby causing the death of 61-year-old George Barker.
“As I drove along Cemetery Road, I was driving at a rate of 20 to 25 km,” Bess said, while leading his defence in sworn testimony before Magistrate Fabayo Azore, after she found that the prosecution presented sufficient evidence against him and that a prima facie case was established.
During his testimony, the court heard the on the day in question he had just left his home and was heading to East La Penitence, driving at a rate of 20 to 25 km along Cemetery Road.
He added that he hit a speed bump suddenly and heard an explosion, which caused the car to swerve.
According to Bess, he began to apply the brakes but the car continued to swerve and hit a wooden stand and finally came to a halt in a nearby trench next to the stand.
When he came out of the vehicle, Bess said, he was feeling a bit dizzy but observed that there were persons in the canal that the vehicle went into.
Persons nearby, he added, assisted the other injured persons out of the trench.
Attorney Mark Waldron, who is representing Bess, guided his client into making the court aware that the last time he used his car was on December 31 and was unaware that there were any mechanical defects.
Bess went on to state that on the day of the accident he checked the vehicle’s water, oil and tyres.
He added that on the morning of the accident, he was able to tell his speed because he observed the speedometer as he was checking to see if he had enough gas.
He later reported the accident to the police and was charged after being made aware that someone involved in the accident had died.
Under cross-examination by police prosecutor Bharat Mangru, Bess stated that he had 15 years’ driving experience. He also maintained that he was not driving at a fast rate and just didn’t see the speed bump that caused him to lose control.
When the suggestion was put to him that it was because he hit the newspaper stand that it in turn hit Barker, Ryan Divine and Anastacia Thorne, causing them to suffer injuries, the defendant accepted.
Bess opted to call no witness and the defence subsequently closed its case.
The matter was then adjourned to October 18, when a ruling is expected to be made.
Police say Bess was driving at a fast rate along the eastern carriageway of Cemetery Road when he advanced on a speed hump, which caused him to lose control of the car, resulting in the car colliding with two stalls and the victims, who were in the corner of the road. It is also alleged that on the same day, Bess drove the vehicle without being in possession of a valid driver’s licence, without having a third party insurance, and without a certificate of fitness for the vehicle, and also failed to render assistance to the injured persons after the accident.
