Senior Police Officer testifies in Wrecker Case

ASSISTANT SUPERINTENDENT Eugene Bastien yesterday stated, that he is aware it is an offence under the “Motor Vehicle Act”,  not to render assistance to a person who was injured in an accident.

However, it  is not a criminal offence under the “Standing Order of the police service” if a police officer did not give aid to an injured person. He explained that the Standing Order is a guide to police officers on how to conduct themselves while performing their duty. He also said that although this course of action is not an offence, disciplinary action can be taken against an officer for neglecting to assist an injured person. Bastien was at the time being cross-examined by attorney Shastri Parsad, in a negligence lawsuit brought against the State, by Canadian resident Diane Guide-Bird. The matter is being heard by Justice Amrika Tiwary-Reddy in the Port-of-Spain Fifth Civil Court. Guide-Bird claimed that she lost over CDN $9,000 in earnings as a result of injuries she sustained when she fell and was dragged by a wrecker along High Street, San Fernando in 1995.

In his evidence in chief, Bastien — who said that he has 35 years experience in the police service — told the court that when he arrived at the scene of the incident, he saw blood on the roadway and pavement. He said he collected statements from the people involved in the incident, including Guide-Bird, who told him that the wrecker wheels rolled over her left foot, when she attempted to get into her car. He said that Guide-Bird did not tell him that PC Kenrick Rampersad told her to hurry up or that she was taking too long, on the day of the incident. He also testified that what he wrote in the statement is “exactly what she (Guide-Bird) said to me.”

Under cross-examination Bastien said that he had deduced that the blood on the main road and pavement came from Guide-Bird, since it was found in the area where the incident reportedly occurred. He said he was informed that she was taken to the hospital by ambulance, but did not ask who had called the hospital. He also testified that he did not inquire if the wrecker’s driver, Victor Baron, had offered any assistance to the injured woman. However he knew that Rampersad did not offer any assistance. Asked by Parsad why he did not take any disciplinary action against Rampersad for not offering assistance to Guide-Bird. Bastien explained that he did not treat this as a disciplinary matter. He explained that Guide-Bird was already getting assistance from the EMTs  and he did not see the necessity for the officer to render further aid to her. However, Parsad reminded Bastien that the ambulance only arrived on the scene after Rampersad and the wrecker crew had left.

Asked if his investigations had revealed when the officer left the scene, Guide-Bird was being propped up by two or three persons,  Bastien said that his investigations revealed that the ambulance drove off and left her there. Parsad then asked Bastien if he believed that an incident where a victim was bawling, and had to be propped by other people, warranted an investigation. Bastien told him yes, and stated that it was not enough for the officer to ask the victim if the car that was being towed belonged to her. He agreed that the officer should have at least asked if the victim was okay, or of she needed assistance in any way.

Following the testimony by Bastien, Justice Tiwary-Reddy directed State attorney Adrian Darmanie to produce the statement made by Rampersad to the police on the day of the incident, so that it could be tendered into evidence. The attorneys then advised the judge that they will be making their full closing submissions in writing. She then advised Darmanie to have his submission filed by August 15, after which Parsad will respond to the submissions made by Darmanie by September 30. She also said that if Darmanie saw it necessary to respond to Parsad’s submission, he must do so within 14 days of the filing by Parsad. She then adjourned the matter to October 27, and explained that any short oral submissions will be dealt with at that time. The State is being represented in the trial by Darmanie, Nirad Ramrekersingh and Grace Jankey, while Guide-Bird is being represented by Shastri Parsad and Alvin Ramroop.