…court unable to find him liable for death of pedestrian
Christopher Bose walked out of the Georgetown Magistrates’ Courts a free man yesterday after three Jurors returned with a majority verdict of “unknown” in relation to whether he was criminally liable for the death of Sew Persaud.
Persaud died as a result of injuries he sustained in an accident.
Reports are that on April 21, 2016, Persaud was standing on the road outside the Diamond Diagnostic Centre, East Bank Demerara when he was struck down and then run over by a van bearing licence plate PFF 9802 driven by Bose, called Junior and Chris.
Persaud, who resided at 265 Third Street Grove, East Bank Demerara, was rushed to the Diamond Diagnostic Centre where he was pronounced dead on arrival.
Kaieteur News understands that Persaud left his home around 09:00 hours to travel to Georgetown. He had also planned to visit the Diamond Diagnostic Centre for a routine health check.
His wife, Viola DaSilva, was contacted around 14:30hrs and was informed that her reputed husband was stuck down by the vehicle. The matter was reported to the Grove Police Station.
During the summing up of evidence Principal Magistrate Judy Latchman advised the Jurors that they needed to decide who the person was; how, when and where he died and if someone is to be blamed for the death. In relation to who the person was; how, when and where he died, the Jurors returned with the unanimous verdict. She reiterated that the Jurors’ role was not to pronounce guilt or innocence on Bose.
Nevertheless, the Jurors returned with a majority verdict of “unknown” as it relates to if Bose is criminally liable for Persaud’s death.
During the inquest, eyewitness Indal Singh of Lot 31 Diamond Junior Staff Compound, East Bank Demerara told the court that on the day in question, he was driving a car heading to Georgetown.
He said that he was travelling in the vicinity of the Diamond Diagnostic Centre when he saw a motor van driven by Bose proceeding along the said road about 40 feet ahead of him.
According to Singh, he noticed a man of East Indian decent attired in a red and white striped jersey waiting to cross the road at the median which separates the eastern and western carriageway.
He said that the mirror of the van hit Persaud causing him to fall onto the roadway before the right back wheel of the vehicle ran over him. The witness said that he noticed blood flowing from the injured man’s body.
Persaud added that he came out of his car and went to Bose and advised him to report the accident to the police station. The witness told the court Bose was not proceeding at a fast rate.
Police Corporal Rajram Persaud testified that on the day in question, he was performing duties on the road when he received a report about an accident.
Persaud said that by the time he arrived at the accident scene Persaud had already been taken to the Diamond Diagnostic Centre. The police witness said that while at the hospital, Bose showed him Persaud who appeared to be lifeless lying on a stretcher.
According to Persaud, he and Bose returned to the accident scene.
He added that he then escorted Bose along with the van to the police station where the vehicle was impounded. Persaud recalled that the van was examined by Licence and Certifying Officer who reported that the brakes and steering of the van were in working order.
He added that a breathalyzer test conducted on Bose revealed that he had no alcohol in his system.
Corporal Persaud also tendered a post mortem report which revealed that Persaud had died of multiple injuries—fractured skull, fractured spine, fractured lower limbs and fractured ribs.
Also testifying was Rawatie Persaud, a daughter of the deceased.
Rawatie who resides at Craig, East Bank Demerara told the court that on April 22, 2016, she visited the Georgetown Public Hospital mortuary where she identified the remains of her father to Government Pathologist, Dr. Nehaul Singh in the presence of Police Corporal Persaud.
She said that her father was buried four days later at the Grove Cemetery.
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