Teen walks free on charge of causing death by dangerous driving

Dec 05, 2023 Court Stories, Features / Columnists, News

Kaieteur News – A teenage boy was on Monday morning freed of a causing death by dangerous driving charge after Magistrate Esther Sam at the Charity Magistrate’s Court upheld a no-case submission made by his attorney Bernard DaSilva.

Eighteen-year-old Adon DaSilva, of Lot 621, Charity Extension Scheme, Essequibo Coast was accused of causing the death of Mannieram Sooklall, 36, a labourer, of Lot 403 Charity Extension Scheme, on November 3, 2022, at Charity Extension Scheme Access Road, while driving an ATV Raptor in a manner dangerous to the public.

According to reports, at the time of the accident, the teen was riding an ATV bike along the Charity Extension Scheme Access Road at an alleged fast rate of speed, when he reportedly ran over Sooklall. It was stated that upon seeing the man lying motionless, the teen reportedly panicked and drove off. The unconscious man was picked up by police and taken to the Charity Hospital, where he was pronounced dead by a doctor.

The teen was charged and released on $320,000 bail as the trial was ongoing before Magistrate Sam. At the conclusion of the trial, the lawyer made a no-case submission to the court on behalf of his client.

DaSilva’s submissions emphasize the role of ‘Prima Facie’ evidence, stressing the prosecution’ responsibility to prove both elements of the charge: dangerous driving and causation. The lawyer highlighted that the specific legal standards for dangerous driving, referring to authorities such as Smith and Hogan Criminal Law and Wilkinson Road Traffic Offences.

Deceased, Mannieram Sooklall

Regarding the evidence presented in court, the defence challenged the reliability of witness testimonies, particularly focusing on discrepancies in statements from individuals like Juliet Badri, the sister-in-law of the deceased. DaSilva highlighted in his submissions that under cross examination, Badri said she cannot be 100 % sure how the deceased came into injuries and that she did not see the defendant knock down the deceased. The lawyer also argued that the prosecution failed to clarify inconsistencies and suspicions of witness tampering, raising doubts about the veracity of the evidence.

The defence further scrutinised the police witness, Sergeant Vijay Mahadeo, emphasizing the absence of visible damage to the ATV and the lack of tire marks on the deceased’s body. The defence questioned the validity of the post-mortem report, suggesting that the recorded “crush injuries” to the head” might not conclusively link to a road accident, urging the court to consider alternative scenarios.

In terms of causation, the defence contended that the prosecution did not establish a clear nexus between the alleged dangerous driving and the cause of death. In addition, drawing on legal precedents, the defence argued that the prosecution failed to prove that the defendant’s actions directly led to the fatal injuries.

In conclusion, the defence asserts that, taken as a whole, the prosecution’s evidence is unreliable and falls short of the required standard for a prima facie case. The defence submitted that based on these deficiencies, the charge of causing death by dangerous driving against his client DaSilva should be dismissed. After reviewing the no-case submission Magistrate Sam on Monday morning ruled in favour of DaSilva’s submission thereby dismissing the case against the teen.

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Adon DaSilva, Bernard DaSilva, causing death, court, Dangerous Driving

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