Truck driver gets 3 years for causing cyclist’s death

Nov 01, 2016 Court Stories, Features / Columnists, News

A truck driver was yesterday jailed for three years after he was found guilty of causing the death of 60-year-old pedal cyclist Ramdoolar Dhanraj by dangerous driving on November 15, 2014.

DEAD: Ramdoolar Dhanraj

The custodial sentenced was imposed by Chief Magistrate Ann McLennan on Roopnarine Hardiwar, who was facing trial for the offence at the Georgetown Magistrates’ Courts. Hardiwar’s driver’s licence was also suspended for three years.
Dhanraj called ‘Eddie’, formerly of Pearl, East Bank Demerara, died on the spot, after he was crushed by a lumber-laden truck, GPP 9557, that was being driven by Hardiwar. The elderly man was riding his bicycle along the Pearl Public Road, East Bank Demerara when he was struck from behind by the motor lorry. Reports are that the man was heading home when the truck, which was heading to the city, struck him down. It was reported that Dhanraj’s mangled bicycle was left lying in the grass while his badly crushed body was close by.
During her ruling in the presence of defence counsel Haymant Ramdhani, Magistrate McLennan informed the court that upon revision of the cases led by Police Prosecutor Neville Jeffers and Hardiwar, there was sufficient circumstantial evidence to prove that he was driving in a reckless manner on the day in question.
While she pointed out there was no eyewitness to the accident, the Magistrate told the court that there was enough evidence led by the prosecution to confirm that Hardiwar was the driver of the motor lorry that was laden with lumber.
According to Magistrate McLennan, there was sufficient evidence that there were skid marks at the accident scene, which indicated that Hardiwar applied brakes suddenly. She added that a post mortem examination performed on the remains of Dhanraj revealed that he died from multiple injuries which are consistent with a motor vehicle accident.
In a plea of mitigation, Hardiwar’s attorney begged for a non custodial sentence. He stated that his client is the sole breadwinner for his family and has never had any problems with the law. After the verdict was maintained by the Chief Magistrate, Attorney Ramdhani signaled his intention to appeal the decision and requested that his client to be released on bail. However, the bail application was refused.
At a September 29 court hearing, Magistrate McLennan had overruled a no-case submission made by Hardiwar’s lawyer and called on him to lead a defence after she ruled that a Prima Facie case had been made out by the prosecution.
In an unsworn testimony, he pointed out that he was not driving dangerously and did everything possible to avoid the collision.
Hardiwar had told the court that on the day in question, he was driving the motor lorry. He said that he left Timehri, East Bank Demerara and made a stop at Rubis Service Station. Hardiwar recalled that as he approached Pearl Public Road, he saw a pedal cyclist coming from the west, proceeding in the opposite direction. He stated that although he applied brakes and sounded his horn, there was a collision. As a result of the collision, the driver stated he lost control of the motor lorry and ended up in a nearby trench.
According to him, he came out of the vehicle shortly after the accident and rendered assistance. However, he told the court that an angry mob dealt him a sound thrashing. Hardiwar stated that police ranks later arrived at the scene and he related a story to them. He added that he was taken to the Police Outpost, where he gave a statement.

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