Actor walks free on causing death charge…after Magistrate upholds no case submission

May 16, 2017 News

Actor and playwright Godfrey Henry was yesterday freed on a charge of causing death by dangerous driving when his trial concluded before Magistrate Leron Daly in the Georgetown Magistrates’ Courts.
Henry, 66, was accused of driving motorcar car HC 419, in a manner dangerous to the public on April 28, 2016 thereby causing the death of Fitzroy Damon.
The Magistrate upheld a no case submission by Henry’ s Attorney, Savannah Barnwell, and in her decision pointed out that there was no evidence led by the prosecution as to the manner in which Henry was driving.
Magistrate Daly underscored that the elements of the offence were not proven; there was no evidence as to speed, careless or reckless driving on the part of Henry. It was for those reasons that the Magistrate upheld the no case submission and dismissed the matter.
In the no case submission, Attorney Barnwell stated that there were no eyewitnesses to the accident; the prosecution’s main witnesses, Constable Otto and Constable Fowler admitted under cross examination that the only evidence police have as to how the accident occurred is what Henry told them.
In the no case submission, it was pointed out that both police officers admitted under cross examination that Henry told them that his car did not hit Damon, and that he was travelling in the southern lane of Homestretch Avenue, Georgetown, when another vehicle hit the deceased (Damon) which resulted in him being tossed into the air and then onto his windscreen.
“There is not a shred of evidence before this honourable court that the defendant (Henry) drove the motor vehicle in question in a dangerous manner resulting in the death of Fitzroy Damon. There is no causal link between the death of Fitzroy Damon and the driving of the defendant. The prosecution has failed to prove that the defendant’s standard of driving fell below the standard of driving that would be expected of a competent and careful driver,” Attorney Barnwell argued in the no case submission.
Henry had been out on $300,000 bail pending trial.

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