Israel slams police probe in accident

“This is the most incompetent investigation I have ever seen in my career,” declared Senior Counsel Israel Khan to a nine-member jury yesterday. Khan was addressing the jury in the motor manslaughter trial of a Ministry of Health driver in the Port-of-Spain Third Criminal Court. Nicholas Johnson, 12, was struck by a vehicle driven by Randall Blackman, 31, at Madras Road, Cunupia, on May 1, 2000. Johnson died 14 days later. Blackman is before Justice Malcolm Holdip. Khan, in his 45-minute address, reminded the jury of police failure in taking additional pictures of the point of impact of the accident. He said they also failed to conduct interviews on the same day. State prosecutor Nalini Singh however, said that she was not going to respond on that issue. Khan suggested to the  jury  that if they could not find Blackman guilty of unlawful killing then they are still entitled to return a verdict of  dangerous driving. Singh however told the jury that if they believe the  eye-witness testimony of Indra Maharaj then they ought to find the accused guilty as charged.  Maharaj testified that Johnson had crossed the road by Sharma’s parlour and a car driving fast overtook a slow moving truck and hit the boy. She also said that it was a clear, bright, smoke-free day. Khan also questioned the opinion of Dr. Hughvon DeVignes that Blackman’s car must have been travelling in excess of 30 miles per hour for a body weighing 85 pounds to be pitched 38 feet from the point of impact.

Khan’s objection was based on the grounds that  DeVignes did not give any criteria for which he came to  his evaluation. Khan said that  if Blackman was indeed speeding, his car would not have been able to stop 15 feet after impact. Khan added that Blackman was a driver for 11 years and had in the past only one minor accident. Singh, in her closing address, stated that even if there was smoke on that day, Blackman would still be grossly negligent in trying to overtake a truck when his visibility was low. Singh reminded the jury that there was no evidence of there being any smoke in the area that day. Justice Holdip is expected to sum up the case to the jury today.