By FRANCIS JOSEPH
Gary Davis is now 64. He was charged in 2003 of causing the death of a 16-year-old in an accident. It took 22 and a half years for the case to be heard and for Davis to be acquitted.
Justice Trevor Jones found Davis, of South Oropouche, not guilty of the charge at the end of his judge-alone trial. It was the second trial for Davis.
The charge against Davis was filed following an accident which occurred along the M2 Ring Road in Debe around 11.30 pm on August 25, 2003.
According to the evidence, Jeff Ramkissoon, 16, was walking along the road with friends when a relative who was driving by turned around to stop to talk to him.
Dipchand Samuel, who was the driver of the car with Ramkissoon’s relative, pulled to the side of the road facing oncoming traffic and left his headlights on.
Davis swerved to avoid the vehicle and crashed into Ramkissoon and one of his friends. Ramkissoon died on the scene, while his friend survived.
Davis went on trial in 2017, but it ended with a hung jury and a retrial being ordered.
In deciding the case, Justice Jones had to consider whether Ramkissoon’s death was caused by Davis’ driving falling below the required legal standard under the Motor Vehicle and Road Traffic Act or whether Samuel’s parking initiated the accident as contended by Davis.
Justice Jones added, “The court finds that the accused, when confronted with lights emanating from a stationary vehicle at night, on a dark and unmarked roadway, responded in a manner that did not fall below the standard expected of a competent and careful driver.”
“Indeed, the accused’s attempt to steer away from the perceived hazard may be viewed as an instinctive effort to avoid collision.”
Justice Jones raised concerns over the initial refusal of prosecutors to take a position on whether Samuel’s parking was itself unlawful and dangerous.
He noted that they eventually agreed that Samuel was in breach of a legal ordinance related to parking on dual carriageways, but refused to accept that such conduct was inherently dangerous.
He also questioned why the police did not consider Samuel’s role in the accident before charging Davis.
Justice Jones noted that the practice of parking vehicles facing oncoming traffic, as done by Samuel, continues to be prevalent in Trinidad and Tobago.
The judge added, “More than 22 years later, after this incident, this unlawful practice not only persists unabated but has, regrettably, assumed the character of near-entrenched norm on the nation’s roadways.”
