Struck by injustice - Accident victims get no compensation - Perpetrator had no driver's licence

Published: Thursday | June 25, 2009


Barbara Gayle, Staff Reporter

THE VICTIMS of a motor-cycle accident along the Port Royal main road, Kingston, last year have been left with permanent disabilities and millions of dollars in medical expenses.

This is because the driver of the motor car which struck the victims, who were cyclists having their usual Saturday morning exercise, was not the holder of a driver's licence. The motor car was not insured. Even if it were insured, the victims would not be able to make claims from the insurance company because the driver was not licensed to drive.

Laurence Watson, 45, real-estate agent, of Cherry Gardens, St Andrew, died on the spot.

Derrick Reid, 36, fisherman and Food for the Poor employee living at Brighton Beach, Kingston, pleaded guilty to causing death by dangerous driving and was sentenced to three years' imprisonment.

Supreme Court Judge Marva McDonald Bishop said from the social enquiry report, Reid lived an industrious life. She took into account the fact he pleaded guilty, but said she still had to send him to prison.

Intention to break law

"It was an accident, but you intended to break the law by putting a motor vehicle on the main road when you have no driver's licence," the judge stressed. She also pointed out that the motor car was not covered by insurance.

"If you did not put the car on the road, you would not have hit down anybody," the judge said.

McDonald Bishop referred to the impassioned plea made by defence lawyer Christopher Townsend, but the judge said she had to protect the society. She said she was sending Reid to prison to reflect on what he did and send a clear message to others in the society that they must obey the law.

Reid threw himself on the floor inside the dock and wept uncontrollably when he heard that he was going to prison. He begged the deceased's relatives and some of the cyclists who were injured to forgive him as he left the dock.

Attorney-at-law Oswest Senior-Smith, who prosecuted the case, told the court that Watson was among a group of cyclists who were riding along the Port Royal main road on March 22, 2008, when they were struck by a motor car driven by Reid. The car had swerved across the road and hit them.

Watson died on the spot, but about six other motorcyclists were seriously injured. They had travelled from the foot of Beverly Hills, St Andrew.

Townsend had pleaded with the judge to give Reid a non-custodial sentence. He said Reid was very penitent and deeply regretted what had happened.

Reid was charged with man-slaughter but he pleaded guilty to the lesser offence. The judge said the maximum sentence for causing death by dangerous driving was five years but she would not impose the maximum sentence because Reid was not a man of bad character.

Mixed reactions

Some of the accident victims who were in court said they were satisfied with the outcome of the case, while others felt that Reid should have been given the maximum sentence.

Businessman Gene Lee, who was seriously injured and is still undergoing treatment, said his hospital bill was $4.5 million. He suffered severe facial injuries as well as injuries to his neck, shoulders and right leg. He spent several weeks in hospital and had to undergo reconstructive surgery to his face. He had photographs showing the metal plates implanted inside his face.

Delroy Gordon, a 53-year-old welder, suffered serious injuries to his right hand, which is now badly scarred from cuts he received from the broken windshield. He is still suffering from pains to his hand.

barbara.gayle@gleanerjm.com