Magistrates Fabayo Azore and Ann McLennan and the price of life

Apr 12, 2017 Features / Columnists, Freddie Kissoon

Magistrate Fabayo Azore sentenced a maintenance worker to four years’ imprisonment for conviction on a death by dangerous charge. The same magistrate dismissed the case against another driver with the identical charge after he killed a dance instructor. This is after the family accepted $5 million in compensation.
Now here is the interesting part about the second driver. He was also charged for the following; driving without being the holder of a driver’s licence; driving without a third party insurance and driving a motor vehicle without the consent of the owner. For more details on this stark contrast in sentencing see the Kaieteur News of March 18, 2017. I acknowledge the letter published in this newspaper by Mr. Morris Springer generated my interest in this case.
The information I got from the Kaieteur News was that the charges were dismissed because of the compensation. Is that possible legally? I can remember there were reports in the press that it doesn’t matter if compensation is offered in these situations; the formal trial should still go through. In certain criminal cases it is definitely possible that an accused can walk if money is accepted by the victim. But not in traffic cases.
John slapped Mary in front of a bartender and waitress. John is charged. Those are the three witnesses. John pays off Mary. Mary tells the bartender and the waitress she isn’t going to testify and if summoned she will not turn up in court. Mary asked the other two not to testify. Even if the police subpoena them, who says they will be reliable witnesses? John’s smart lawyer will get him off.
The situation is totally different in death by dangerous driving. If George kills a child on the road while coming back from the airport alone, where are his friends to testify that he did not drive dangerously? From the police measurement, the prosecution may have a strong case. If his mother agrees to accept money, she cannot help the driver because she is not a witness. If compensation does not affect the course of prosecution why did the magistrate dismiss the charge?
As stated above, my information was based on the reporting by this newspaper. If under the law, despite compensation the case has to go on then did the magistrate err? I spoke to police prosecutor Bharrat Mangru to get an angle on the law. I thought a prosecutor was preferable to a lawyer; after all, they prosecute. Mr. Mangru declined to speak about the provisions of the law. I told him I just wanted to know what the law says and that I was not seeking a comment.
He referred me to the DPP. Prosecutor Steven Telford offered to give a professional opinion on the provisions of the law. He said that despite compensation the DPP can still proceed. So there you have it. So why didn’t the prosecutor proceed with the trial of the driver who killed the dancing instructor? Did the DPP agree to discontinue thus leaving the magistrate to dismiss?
Let’s move on to a sad case and Magistrate Ann McLennan. The magistrate, as reported in this newspaper, fined a pastor $100, 000 for death by dangerous driving. The victim, Lennox Allicock was riding on a motorcycle with his daughter when he was killed. The prosecution’s case was that the godly fellow, failed to halt at the stop sign at Quamina Street when it meets Camp Street. Allicock had the right of way on Camp Street.
Ms. McLennan ordered the pastor to pay the child $500, 000 for injuries suffered. My opinion is that it is outrageous to fine someone $100, 000 for death by dangerous driving. A life was lost because a man who preaches the word of God refused to obey a stop sign. If you run a red light or go through a stop sign with a vehicle you will kill pedestrians, cyclists and motorcyclists. You must pay a heavy penalty for being so uncivilized. Conviction for death by dangerous driving must carry a mandatory jail sentence, not smoking a marijuana cigarette.
We should end on the theme of money talks. Let’s conclude with logical deduction. If the maintenance man who got four years had five million dollars to offer, then he would have walked. It means therefore that money talks. I cannot see it any other way. I don’t know to drive, I have no license, I sneak out the yard with my father’s car, I drive dangerously, I kill a person, my dad pays the relatives compensation and bingo, I am free.
What a rotten country.

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Magistrates Fabayo Azore and Ann McLennan and the price of life

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