$5 000 fine for cyclist’s death

THE PUBLIC SERVICE VEHICLE (PSV) driver, whose 198th conviction led to the death  of an elderly cyclist,  was fined $5 000 for dangerous driving  when he reappeared  in the No. 2 Supreme Court yesterday.In addition, Cyril O’Bryan Archer had his PSV licence immediately cancelled and was disqualified from obtaining one for the next five years. When and if he does receive one in the future, the particulars of  this offence will be endorsed on that new  PSV licence.Archer, a 47-year-old route taxi driver, of Kendal Hill, Christ Church,  was back before Justice Margaret Reifer after pleading guilty, earlier this year, to dangerous driving on February 8, 1999. He was originally arraigned with causing Errol Thornhill’s death by driving route taxi ZR 42 on Martindales Road,  St Michael, at a speed  and in a manner dangerous to the public.He was ordered to pay the fine in six weeks or spend two weeks in prison.The crown was represented by Principal Crown Counsel Anthony Blackman and Crown Counsel Lancelot Applewhaite.The judge told the many-time convicted traffic offender that  an offence of that  nature and the circumstances of its commission could attract  a custodial sentence.But she explained:  “In view of the length  of time that has elapsed since the commission  of the offence and the sentencing I will refrain from imposing  a custodial sentence.”The judge told Archer that while none of 197 prior convictions was  of a similar nature to the one he faced at the High Court, they did display   “callous indifference to, disrespect for and a persistent disregard  of the laws of Barbados”.In fact, she said they were not only startling  in number, but a serious aggravating factor  in his case.“This cannot be encouraged or condoned,” the judge stressed.Justice Reifer also told Archer that his act of dangerous driving  in a zone which housed  a school and the Queen Elizabeth Hospital  and the fact that he “recklessly and aggressively” overtook three vehicles at  a significant speed  with a route taxi  filled with passengers  was another  aggravating factor. “Your actions showed  a total disregard for other road users,” she said.However, the judge said she had taken into account his plea of guilty, even though not timely,  and his expression  of “some remorse”.