The trial regarding motorist Kenyatta Benjamin, accused of causing the fatal accident that led to the passing of national cyclist Andre Simon, has been postponed until December 4.
The collision, which occurred in May of the previous year, also involved cyclists Sean Weathered, Ghere Coates, and Tiziano Rosignoli.
While the latter three were treated and discharged, Simon passed away 13 months later due to his injuries.
Investigations are ongoing to determine whether Benjamin’s charge should be escalated to “death by dangerous driving.”
Simon’s prolonged hospitalization complicated his condition, eventually resulting in his tragic demise.(Observer)
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Another road accident justice delayed. Something must be done about these delays. The Court needs to bear the consequences. There must be some sort of penalty against the judge.
The things I say are not neant to insult, but my opinion based on facts and experience pertaining to competence (police and public prosecutor’s office).
At no time they are said to hurt but have to be said to encourage a change for betterment of the constitutional rights of all residents in Antigua and Barbuda.
This investigation about whether to charge whoever the person is for dangerous driving resulting in death should be carefully investigated since the death occurred beyond a year and a day.
The investigation would require traveling to the US and all overseas medical facilities he was treated.
It would be a miscarriage of justice for the charge to be elevated without probable cause from a professional, competent, and reasonable complete investigation.
I do not know who the defendant is but I have witnessed the incompetence of the police and prosecutors office and those in charge of them to know I need to express how an investigation and probable cause must be had before charges are laid or elevated.
I would love to be a part of the legal team for the defendant, whoever he or she is. I do not know why I assume it was a he.
Usually, the year and a day rule makes it difficult or impractical or impossible to connect the wrong that placed the deceased in the hospital with any resulting death that occurred after a year and a day of the original wrongful act.
However, my condolences to decreased family and the person/defendant/tortfeasor, if negligent, should pay damages. Anything I say Herr is not meant to diminish the loss of your love ones but to simply encourage the state to abide by the Constitution in seeking justice for your love one. I truly am sorry for your loss.
The facts should determine the result. My points are just areas in which special attention should be given to facilitate justice.
A charge pertaining to death can not be laid without interviewing overseas medical personnel, reviewing medical records from all facilities, determine actual cause of death, and consider whether base on the length of time passed, whether it would be in the interest of justice to seek an elevated charge of manslaughter or murder (base on the diffivulty of proving “but for cause” and “legal cause”). Medical services were provided for the 13 months, and I am assuming by various facilities, countries, doctors, etcetera.
If the government of Antigua and Barbuda (police and prosecutor) elevate any charges, it will be malicious prosecution, obviously in bad faith, and abuse of power, if the investigation is not thorough enough to overcome such difficulties I mentioned above. It will be a persecution and not a prosecution. The State resources would be wasted because there will be a dismissal of the charges for not meeting the burden or the defendant will be found not guilty–if charges of manslaughter or murder or any charges which includes the element of resulting death.
I am taking it upon myself to monitor the Antigua and Barbuda police and prosecutor’s office, as much as I can during my free time. The new criminal justice and law field watchdog for Antigua
Yours truly
Law Nerd
Andre was in good health until this happen to him
Concern : Why there is a delay with case ,we all know what cause the death.the family needs closer an justice for the andre simon
The driver married to or daywid a magistrate????
This is long over due ,we just want justice for andre simon
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