A nine-member jury has found Antonio Charlie Matthew, guilty of causing death by dangerous driving.
The verdict was delivered on Thursday afternoon in the matter of the death of 12-year-old Kayla Pierre in an accident which took place between Hampstead and Calibishie in December 2013.
Upon hearing the verdict, Matthew who was standing in the prisoner’s dock, broke down in tears.
His lawyer, Dawn Yearwood Stewart, then asked the court to have him placed on bail pending sentencing but Judge Victoria Charles-Clarke said the court needed to do some background checks before and remanded him in custody until Wednesday April 12, 2017 when bail will be dealt with.
Facts of the case:
Matthew was driving a passenger bus HE555 on the Portsmouth to Marigot public road at about 7:00 o’clock on the evening of December 23, 2013.
In an unsworn statement from the prison’s dock, Matthew told the court that his journey started in Portsmouth with a few passengers.
“On the way, I collected others and also dropped off a few. I then went to Bense to drop off a few,” he said.
According to him, he went as high as third gear going down a hill where the incident took place and then he tried to apply brake, “but the peddle went flat, I changed gears and pulled the hand brakes, the road was wet, it was a sudden thing. The vehicle went out of control and crashed.”
Matthew told the court that the accident was “sudden” and he was sorry that it happened and was not responsible for the death of Kayla Pierre.
The State called several witnesses to testify including Albert George, a corporal of police, who inspected the vehicle and is a qualified mechanic. He told the court that among his findings were “defective brakes front and back with oil leakage on back brakes, suspension problems on the vehicle causing it to shim, smooth tires among others.”
In her address to the jury, State prosecutor, attached to the office of the Director of Public Prosecutions (DPP), Sherma Dalrymple said that “the state’s case is clear” that the death of Kayla Pierre was proven with five major pieces of evidence.
“The defective brakes, suspension problems, smooth tires, oil soaked back brakes plus bad steering ends causing vehicle to ‘shim’.”
She said that the driver would be fully aware of those issues since there are indicators that would warn the driver.
“It was a rainy day…and he drove a defective vehicle with passengers plus smooth tires. His defense has been shattered by the prosecution. We brought out an expert to tell you about the condition of the vehicle,” Dalrymple told the jury. “They say that there was something suddenly wrong with the vehicle…we say no. The prosecution has crushed the defense of sudden defect. The prosecution submits to you that he was driving dangerously having regard to all the circumstances and you should return a verdict of guilty.”
But in her address, defense counsel Dawn Yearwood Stewart told the jury that they should not believe the testimony of the expert witness Albert George who she said “exaggerated”.
“You ought to frown on the expert witness given his connection, he has a tow truck business and towed the vehicle to Morne Bruce and was given a job to inspect the vehicle. He has a conflict of interest. His testimony is grossly exaggerated and I urge you to reject it,” she told the jury.
The accident she told them “happened suddenly”.
“He could do nothing; he tried to control the vehicle. He did not drive in a manner dangerous to the public and did not cause the death of Kayla Pierre. His life was at risk, he was hospitalized for two days. The prosecution’s case is confusing, the evidence adduced is bad and I urge you to find him not guilty,” she said.
She concluded, “our defense is one of mechanical defect; he completely lost control of the vehicle through no fault of his. He drove quite a distance before the accident happened. You must have some reasonable doubts in the matter and I urge you to return a verdict of not guilty.”
Justice Victoria Charles-Clarke then summoned up the case and pointed the court to the law. She urged the jury to have no sympathy for anyone and must be sure of the guilt of Matthew before convicting him.
“Once you have doubts you must resolve it in his favour and acquit him. He has nothing to prove; the prosecution is the one who must make you feel sure of his guilt,” she said.
She has ordered a social inquiry report to be submitted to the court by April 24, 2017 and set April 27, 2017 for sentencing.
Who is to blame for the failure of the said vehicle? Accidents do happen.. The question is….did the driver know of the defects of the bus? Did he know the tires were bald?( where are the traffic police)? Did he know the rear wheel brake cylinders were leaking? ( who inspects this vehicle to say it is road worthy?) Who issued a certificate to say it can be driven and as a public vehicle? Who? The driver could have also died. Would he drive a vehicle in such a state knowing anything can happen…to even him?
I don’t think the driver should be held responsible, unless he knew the condition of the vehicle. Brakes can give way anytime. It doesn’t have to give any signs like some other components.
Others has done worse and gotten away scott free. This guy should be given a suspended sentence.
I do hope that goid judgement prevails,and leniency is accorded to him..
So having defective brakes and smooth tires on wet roads is reckless driving????? I wonder how many are guilty of this…… Everyone take note and fix your vehicles especially public passenger carrying buses. Perhaps taxis should be checked quarterly instead of annually.
For years I have been advocating that all vehicles on the island should be inspected and certified by a mechanic, before they are licensed. Vehicles that fail routine safety and maintenance standards should not be allowed on the road. I rented a car the last time I came home and the smooth tires was simply crazy. This vehicle would never pass muster anywhere else.
While Skerrit and the boys are busy riding camels in Dubai, locals are dying to an outdated and terribly backwards Traffic Department. A police officer on High Street cannot certify a vehicle as road worthy, without removing all four tires, inspecting front brakes, rotors and tires. Those who care about their own safety and that of others do what’s right, but those who have a cavalier attitude, continue to place the lives of the innocent in grave danger, due to willful negligence. He was found guilty by a jury of his peers. No sympathy here. Jail his behind! What about the other family who lost their loved one? Where is…
First of all there are too many vehicles in Dominica which are deemed not road worthy and should be dumped. Secondly all vehicles should have a six month overall check before these vehicles can be qualified for road use.honestly have you seen certain types of vehicles being driven on the roads in Dominica. If one touch me is tatanus . And am not sure if I will survive just by a touch far less having an accident… Dominicans wake up u all are accepting too much low standards… … I rest my case.
Should be mandatory vehicle inspections.
if your brakes go flat it means there was a loss of pressure. with the officer statement of leaky breaks that could cause that. two you have bald tires on a wet road, 12 passengers and going down hill in third gear. you may not have intentionally killed the girl but your actions in maintenance caused the accident which resulted in the death of the young girl. i say make an example out of him to sent a message to properly maintain there bus.
What is going to happen to this young man?
Is he going to be jailed or charge, or he will ever
drive again I want to know.
I have not seen in this or the prior reports what are the “difficulties” the driver “encountered” that caused this child to die. Striking an embankment is not the cause. There is a cause. I have not seen it.
I remember reading of this terrible accident on DNO. If I recall the young girl was badly injured. The mother mentioned about her daughter’s injury which led to her death. It was gruesome.
There is no doubt she is still mourning the loss of her daughter, a young life taken. This is a sort of consolation for her that the driver is charged. I wonder what the result of this verdict will be.
I feel sad for both families. this is a lesson to learn for the reckless drivers.
“According to reports, Matthew, of Bense, was driving a bus with 13 people on board when he encountered difficulties.”
They term it an accident, and compounded it by saying Matthew encountered difficulties, which caused the accident. If that is correct. how can he be found guilty of causing the death of someone?
Assuming he was found driving inebriated as they often do in Dominica, or for some reason as speeding, and the motor vehicle went out of control, causing the accident, that I could understand!
What cause the difficulties? That is the key focus of the accident; something doesn’t make sense! Was the accident caused by a deliberate actions, of Matthew; or something unforeseen?
“The defective brakes, suspension problems, smooth tires, oil soaked back brakes plus bad steering ends causing vehicle to ‘shim’.”
Did you read the entire story..it clearly states what was wrong. Any driver will know if tires are not good, and if his brake system has issues.
Finally:
Anybody who do not believe me take a truck, bus or any kind of motor vehicle go on a hill, go down hill in first gear, with the engine running, and remove your feet from the accelerator you will find that vehicle crawl to an almost stop. Any gear you shift into from third to twenty if your gear box is equip for that is for speeding, from third gear and below that is actually free-wheeling.
I was in my Corvette doing 160 miles per hour, in Texas; a man in a 18 wheeler flew past me, I can get 220 miles per hour out of that Corvette, so I wondered how a truck that large loaded could have driven past me. So, I called who has a trucking business, and told him of the incident. He told me don’t try to follow such trucks, because some of them are capable of shifting down seventeen from first gear to seventeen.
Cause of the difficulties was an unmaintained vehicle. Simple.
FET the accident was preventable because the driver knew of the defects and potential consequences. Its like point a loaded gun to someone\’s head in joke knowing that the trigger is defective. The defense blundered or simply knew that the officer\’s expert findings were correct and did not want to do their own investigation on the vehicle with an outside expert.
You see, we have to be fair. If they wanted to throw water on the prosecution\’s expert witness (Cpl. George) evidence, all they had to do was hire their own expert do a mechanical evaluation of the bus and then we would see. But they did not. Why? Simple, they knew the vehicle was defective and instead attacked the officer because he has a wrecker that towed the crashed bus to a secure location. I agree with the court\’ decision. He need to blame his lawyer for being so incompetent. On the other hand, it looks like the Officer George know his onions very well.
Assertive like the rod of Moses!
“According to him, he went as high as third gear going down a hill where the incident took place and then he tried to apply brake, “but the peddle went flat, I changed gears and pulled the hand brakes, the road was wet, it was a sudden thing. The vehicle went out of control and crashed.”(News Article).
Okay Sunshine, and Shameless, both of you are correct: truthfully I did not read it all. I focused only on a portion, in any event, in spite of all where the parts are found soaked with transmission, brake fluid, or engine oil; all of that could be a result of the accident, they are lucky gasoline did not leak causing an explosion.
After reading all, I see the driver does not know how to drive! And to my mind was very constructive in aiding in causing the accident. He said he went as high as third gear, that means he compounded the issue. In a situation where you think your brake is failing, or has failed; you do not down shift to third gear, because by doing so you will have…
Continue:
In a situation where you think your brake is failing, or has failed; you do not down shift to third gear, because by doing so you will have less compression on the engine to slow the vehicle down, third gear is intended to make the car truck or bus run faster; more speed!
His only alternative should have been to pull into second gear that would have slowed him down somewhat. When he slowed down using compression, if he is not going to fast, the other alternative was to try to shift into first gear, that apply’s to both gear shift and automatic driven vehicles.
If you put any vehicle into reverse, unless you accelerate you will barely move, because the compression which builds up with less fuel burning in the carburetor, or a fuel injected system.
The three gears which cause more compression on a engine to slow a vehicle down, they are is “First, Second, and Reverse Gear.” Anybody who do not believe me take a truck, bus or any kind of motor vehicle go on a…
This one should be here:
Finally:
Anybody who do not believe me take a truck, bus or any kind of motor vehicle go on a hill, go down hill in first gear, with the engine running, and remove your feet from the accelerator you will find that vehicle crawl to an almost stop. Any gear you shift into from third to twenty if your gear box is equip for that is for speeding, from third gear and below that is actually free-wheeling.
I was in my Corvette doing 160 miles per hour, in Texas; a man in a 18 wheeler flew past me, I can get 220 miles per hour out of that Corvette, so I wondered how a truck that large loaded could have driven past me. So, I called who has a trucking business, and told him of the incident. He told me don’t try to follow such trucks, because some of them are capable of shifting down seventeen from first gear to seventeen.
What about the young man that died in 2016 because of the guard rail? Or the young 16 year old girl that died in the car crash on her way home last year? All drivers should be held accountable
Is not the guard rail that jam them they were drunk and stupid in which they jammed the guard reil
It is about time those drivers are held accountable for there actions, when am in D.A. I am scared to even rent a vehicle, I have driven all over the united states from California to new York without any problem, but in D.A. the mo beds[scooters] cars trucks you name it don’t care, the road is there’s, no helmet law, the motorist drive without insurance, and the police don’t even do periodical checks like road block to check 4 insurance they speed , over take each other at intersections[corners] park in Roseau on the same side walk people has to walk to get out of traffic, and police sees it and don’t do a thing about it.
I hope they have mercy on this guy like a certain fellow who was driving drunk and killed a man in Goodwill Road.