Latest update December 22nd, 2024 1:38 AM
Magistrate Throws out DUI against the driver involved Ian Mekdeci’s fatal accident
Kaieteur News – The Driving under the Influence (DUI) case against Roberto Narine was thrown out by Magistrate Clive Nurse. Narine who was a driver involved in the fatal accident that resulted in the death of Ian Mekdeci on 1st May, 2022, was charged with two offences: driving under the influence and causing death by dangerous driving.
Narine was charged for driving with a breath alcohol level exceeding the limit contrary to s.39A of the Motor Vehicles and Road Traffic Act, Cap. 51:02. The police alleged that his breath alcohol content was excessively over the limit after he was breathalysed twice at the Police Traffic Headquarters, Eve Leary.
Dead: Ian Mekdeci
Narine was represented by attorney-at-law Siand Dhurjon, while the police were represented by prosecutor attorney-at-law Latchmi Rahamat. A submission of no case to answer (or no case submission) was made by Dhurjon on 24th April, 2023 and was upheld by Magistrate Nurse on 26th April, 2023.
The police led evidence of video footage showing Roberto Narine being breathalysed and being shown the instrument’s reading of being over the limit: .162. 35 microgrammes in every 100ml of breath is the legal limit. However, the Court agreed with Dhurjon’s submissions that there was no evidence that the specific breathalyzer instrument was approved for such use by the Minister as required by the Motor Vehicles and Road Traffic Act. Furthermore, there was no certificate adduced by the prosecutor to prove that Officer Haynes who conducted the breathalyser analysis was authorised to do such breath tests.
Dhurjon’s case was that an unauthorized officer conducted a flawed breathalyzer procedure on Narine using a device unapproved for the said purpose. The magistrate went on to rule on Wednesday that the prosecution itself had introduced into evidence information to show that the breathalyzer device was not in proper working condition as the witnesses admitted when Mr. Dhurjon cross-examined them that the apparatus was incapable of printing the result receipts. Under cross-examination, Mr. Haynes admitted that he was trained to print and use the receipts. Mr. Haynes further admitted that the court was deprived of certain facts because the machine could not print receipts.
Both witnesses accepted under cross-examination that, contrary to the requirements of the Act, no statement or certificate was delivered to Narine specifying the date and time of the breath test and his breath analysis results expressed in microgrammes of alcohol per each 100ml of breath. The magistrate noted that there was an absence of any evidence of the machine being recently calibrated, self-checked or purged. Magistrate Clive Nurse ruled that all of the shortcomings of the evidence as led by the prosecution rendered the breathalyzer results insufficiently reliable.
Magistrate Nurse remarked that the prosecution ‘failed to prove the statutory requirements’ and the elements of their case. The magistrate said that Mr. Roberto Narine did not have to answer to the charge filed by the police and he dismissed the charge under the Motor Vehicles and Road Traffic Act.
The charge of causing death by dangerous driving is currently ongoing before Magistrate Leron Daly at the Georgetown Magistrate’s Court.
- certificate, Driving under the Influence (DUI), Magistrate Clive Nurse., Roberto Narine, Siand Dhurjon
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