True to his word, Justice Carlisle Greaves yesterday ordered two men to pay compensation rather than a fine to the Treasury, in a death by dangerous driving case that finally came up more than a decade after they were initially charged.
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Justice Greaves said the $5 000 that Tristan Theo Alleyne, of Society Hill, St John, and Kamal Wendell Dione Quimby, of Glebe Land, St George, each paid will go to the two surviving daughters of Adrian Hoyte, the man they killed in the 2011 traffic accident.
Alleyne and Quimby had each pleaded guilty in June, this year, to causing the death of Hoyte, formerly of Mt Friendship, St Michael, by driving their vehicles on Valley Land Road, St George, in a manner and at a speed dangerous to the public on September 14, 2011.
Quimby was represented by attorney Vincent Watson, while Alleyne was represented by Senior Counsel Arthur Holder. Principal State Counsel Neville Watson appeared for the prosecution.
In June, Justice Greaves had revealed the matter was indicted six years after the two were charged but was never filed with the Supreme Court. Numerous searches failed to find a file for the matter and, in the end, prosecutor Principal State Counsel Neville Watson had to give the court a copy of his file.
The judge, at the time, had also indicated he had no intention of giving the State “one dime”, after he said it had been unfair to both the men and the deceased man’s family by taking 13 years to deal with the matter.
Yesterday, the judge reiterated that the case was “really old”.
“It should not have taken this long to come to the court. This case is 2011 so I have a difficulty. Sending them to prison would be of no benefit to the deceased man’s
family,” the judge stressed.
“I have considered that putting the money in the Treasury is of no benefit when the State contributed to the delay. I’m of the view that it is better for the money to go to those who suffered,” he said.
In the end, the judge said he had considered the exceptional circumstances, as well as the “unreasonable delay” in the matter, and the fact that the insurance companies had accepted liability and had awarded compensation to the deceased man’s family.
Justice Greaves ordered that the $10 000, which had been paid by the two men and was being held in escrow, should be paid to Hoyte’s two sisters, “for the use and the benefit of the two minor children”.
Hoyte’s sister, who was in court, had earlier explained that she and Hoyte’s older sister had taken over the care of Hoyte’s two children. She said Hoyte’s younger daughter was living with that sister, while she had legally adopted the older daughter.
The court had heard Alleyne and Quimby were driving their vehicles in a manner which fell far below “what would be expected of a competent or careful driver”.
Prosecutor Watson said they did so in an area which was relatively dark and at a speed of 80 to 90 kilometres per hour.
The Principal State Counsel said evidence showed Alleyne saw Hoyte on his bicycle and swerved off him. However, the rear bumper of his vehicle collided with the bicycle, sending Hoyte airborne. When Hoyte fell Quimby, who was driving behind, struck him. (HLE)