Magistrate accused of abusing power after jailing man on careless driving charge

Apr 23, 2018 News

Owen Greene, a father of two from Agricola, Greater Georgetown is accusing Magistrate Sunil Scarce of an abuse of power after he was sentenced to jail on a careless driving charge.

Magistrate Sunil Scarce

Greene appeared before Magistrate Scarce on April 10, 2018 at the Providence Magistrate’s Court to answer to the charge which read that on November 10, 2017, Greene was driving a truck when he was involved in a minor accident with Lorissa Mc Donald, the owner of a Toyota Axio. The 52-year-old man pleaded guilty.
The Magistrate however entered a not guilty plea on his behalf based on the explanation. Greene was then released on a $50,000 bail pending trial. The matter went to trial and that’s when, the man said the events took an interesting turn.
After almost five months of trial, Greene said that he was found guilty by Magistrate Scarce who ordered him to compensate Mc Donald. The law does not empower the magistrate to demand compensation.
Greene, who was unrepresented by legal counsel, said that he declined to pay compensation since his insurance was already covering all of the damage to the woman’s vehicle.
He said that Magistrate Scarce insisted that he compensate Mc Donald or go to prison for one month on the careless driving charge.
At this point, Greene claimed that he tried to negotiate with McDonald offering to repair her vehicle. He said in the midst of the negotiation with McDonald, the Magistrate intervened and told him that repairing the damaged vehicle was not an option.
He said that the Magistrate then injected a threatening tone. “That’s enough I’m going to sentence you to one month in prison.” And sentenced Greene, he did.
However according to Chapter 50, Section 37 of the Motor vehicle and Road traffic (amendment) Act 12, 2014 “If person who drives a motor vehicle drives carelessly, on the first conviction they shall be suspended from having a licence and required to a fine of not less than $25,000 and more than $40,000.”
It does not constitute that one convicted of such an offence is required to spend any time in prison, guilty or not.
Imprisonment is only imposed in a case of reckless and dangerous driving. Greene was imprisoned for nearly a week before he was granted bail pending appeal. And to secure bail his wife had to pay compensation to McDonald, Greene said.
The woman therefore enjoyed money from the insurance company and from Greene—double whammy, the man argued.
He related to this newspaper that his imprisonment was unlawful. He has since taken legal recourse to have the Magistrate’s sentence reversed. At present, the decision has been appealed.

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