Roger Bess, the driver who struck and killed an elderly man with his speeding car along Cemetery Road, in Georgetown, just over two years ago, was yesterday sentenced to four years in jail for the crime.
The charge against Bess, of 163 Cummings Street, Bourda, stated that on January 1st, 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.
It was the police’s case that Bess was driving south at a fast rate along the eastern carriageway of Cemetery Road when he advanced on a speed bump, which caused him to lose control of the car, resulting in the car colliding with two stalls and Barker, Brian Devine and Anaynasa Thorne.
Devine passed away after prolonged hospitalisation but Bess was not found liable for his death.
Magistrate Fabayo Azore, delivering the verdict at the conclusion of Bess’ trial yesterday, said the court found that based on evidence led by Police Prosecutor Bharat Mangru through the various witnesses, the charge of causing death by dangerous driving was proven beyond a reasonable doubt.
The court disbelieved Bess’ testimony that he was only driving at a speed of between 20km and 25km. It also asserted that he lied when he claimed that did not notice the speed bump.
He had stated during his testimony that he hit a speed bump suddenly and heard an explosion, which caused the car to swerve. He said 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.
Magistrate Azore stated that the inference of speed was presented in testimony of the prosecution’s witnesses, including evidence of measurements taken from the scene. The manner of Bess’ driving, according to the magistrate, fell below the standard of a reasonable and competent driver.
It was on these grounds that Bess was found guilty and sentenced for the crime.
In relation to Divine, Bess was found not guilty of the related charge of causing bodily harm by dangerous driving. The magistrate noted that the prosecution failed to prove the identity of Divine and if it was defendant’s driving that caused his death among other needed information.
Bess was, however, found guilty on a related charge driving an uncertified vehicle, for which he was subsequently fined $25,000.
