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Magistrate Fabayo Azores’ glaring inconsistency in dispensing justice
Dear Editor,
As reported in the Kaieteur News’ online edition of March 18, 2017 captioned, “Driver gets 4 years over 2015 New Year’s fatal accident,” the accused was charge for causing death by dangerous driving and driving an uncertified motor vehicle. The learned magistrate, Fabayo Azore, found him guilty on both offences. The Magistrate in her ruling informed the accused that the offence of causing death by dangerous driving attracts a fine or custodial sentence. The magistrate decided based on the evidence that the appropriate sentence will be custodial and informed him that he will serve 4 years for the offence of causing death by dangerous driving and fined him for driving an uncertified motor vehicle. I have no objection to the sentence imposed by the learned magistrate.
In the same edition of 18, March 2017 under the caption “5M compensation sees teen accused of dance instructor’s death in accident freed. The court was told that the family of the deceased accepted $5M compensation of causing death by dangerous driving. The magistrate then dismissed the matter and the accused was free to go.
This accused was charged for causing death by dangerous driving, driving without third party insurance, using motor vehicle without the owners’ consent and no driver’s licence. These are very serious charges which the police laid against the accused.
It is the state’s responsibility to ensure that justice is fulfilled and that no one is above the law. Both accused were criminally charged. There is no indication that the second accused will ever answer the charges because the magistrate dismissed the matter. Family members were sitting in the courtroom and heard their loved ones being sentenced for four years and heard another accused with more serious charges being set free because he made an out of court settlement with the family of another deceased. Criminal cases are different than civil cases and it is my opinion that the accused should stand trial for the mentioned criminal charges.
He settled the matter on the civil side where he offered payment to stop any civil litigation in the courts. I have no problem with that however, the charges brought against him by the police should have been heard and if found guilty the appropriate fine or custodial sentence should have been imposed on him by the court. It appears to me that if you are rich and can reach a settlement with the family of the deceased, you are set free while the person who cannot afford to settle will be imprisoned.
What is more disturbing is the accused who was set free will have no conviction against him because the matter was dismissed, therefore, those charges will never be registered against him and he would have a clean record. If this is the law in Guyana as it relates to accidents then there should be a review of the laws. The state brings a case against you and the only person who has the authority to stop such a case is the Director of Public Prosecution. In many other countries he would have had to answer the charges.
Morris Springer
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