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ANTIGUA OBSERVER: A no case submission made by the defence in a causing death by dangerous driving case was dismissed by a High Court judge yesterday.
Attorney Wendel Alexander raised several points of law as it pertains to the case, which High Court judge Justice Tunde Bakre ruled on, citing reasons for his decision, before saying that the case will be put to the jury.
Kevon Small, 37, is accused of causing the death of 50-year-old Colin Anderson Joseph in September 2021.
After the prosecution closed its case last week having called a police corporal as the final witness to give evidence, Alexander made legal submissions.
Now that the judge has ruled against him, his client will have to mount a defence in the matter.
The jury will return to court this morning for the continuation of the case.
Small, who was 34 at the time of the incident, allegedly ran over Joseph with his vehicle at the junction of Market and New Street.
Joseph was rushed to the Sir Lester Bird Medical Centre with a cracked skull and injuries to his left leg. Doctors had declared him brain dead as there was no brain activity based on tests. He was supported by a ventilator but eventually succumbed to his injuries.
While giving his evidence, the police officer told the court that Small admitted to being involved in two accidents prior to this one.
The father of two reportedly has a medical condition in which he suffers chest pains on the left side that makes him dizzy and gasp for breath.
According to the officer, Small admitted that his condition is triggered by stress, anxiety and exhaustion, but he was not taking medication because he does not like pills.
However, there was no evidence that Small was experiencing an episode at the time of the accident.
Based on a question asked by the jury, the officer also told the court that Small was sober at the time.
Reportedly there is video footage of the incident, which the accused has viewed and has admitted that he didn’t come to a complete stop, but slowed down, observed and proceeded.
He told officers that he felt his car go over something like a bump on the road which caused him to stop that night.
During cross examination the officer revealed that there was no stop sign at that junction at the time, but one has since been erected.
He said Small, a Guyanese by birth who migrated to Antigua at age 15 years, told investigators that he was travelling from east to west on New Street, and when he attempted to turn north onto Market Street, Joseph, of English Harbour, walked in front of his vehicle.
The lawman obtained the video footage from Paradise Casino.
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The evidence must be strong if the judge nah buy the no-case argument.
Where is the evidence to back up his story?
Since 2021? Court cases are too long and stressful
Pure nonsense i just read… None of this makes any sense.
JUSTICE!!!
Justice
Court cases in Antigua take so long. Can you imagine someone on out on bail signing in for a simple matter for 4 years. Then you are to expected to remember what took place. The police do not take proper statements, or even investigate properly. They loose everything that is expected to be part of the case .
Is it true that the magistrate and Judges are appointed by the government ? If that is true they can be compromised. The prosecution always try to make a case out of the dumb evidence and charges brought before the courts by them and the police. Most times they ask the most stupid questions. The judges allow them to get away with a lot to help them out , because of the weak cases they always bring before them. Guess they are making up work.
This week the mentally damaged young woman , that killed the white lady was sentenced. This is a young lady that the doctor gave evidence and said she was found eating a dead dog a few years ago and had been a patient at the mental home.
Firstly let me say condolences to the family. Cannot imagine pains you have been through and will continue to feel.
However revenge will not bring her back, hanging will not bring her back. No amount of excessive prison time will bring her back. It was not an hate crime, it was not a premeditated crime, it was just a person deranged at that point committing a heinous crime. Before the sentencing the system was pressured by members of the family going on the media. To me and the general public the sentencing seemed to be an excessive. This is a person that had received and will continue to receive treatment at the mental him.
I am not a prejudice person but I believe the system buckled and succumbed to the pressure – just wondering if it was a black person what the sentencing would be like?