Cop gets break —— fine instead of jail

An accident victim’s plea for leniency yesterday resulted in a police officer being spared a jail term by a Port-of-Spain magistrate.
Magistrate Avason Quinlan instead imposed a fine of $2,200 on Court and Process officer, PC Edwin Small, 31, who appeared before the Traffic Court at Nipdec House on charges of dangerous driving and breach of a traffic light. The incident occurred at the intersection of Wrightson Road and Ana Street, on January 27, 2000. Charges were laid by Ag Insp Frazier.

Small escaped a custodial sentence after the accident victim Andrew Joseph, 50, said that he did not wish Small to lose his job or serve time in jail.

Attorney Shoba Jamunar of the Director of Public Prosecutions Office (DPP), presented evidence which indicated that around 1.30 am, Small was driving his car when he broke the red light. He then collided with a Securicor van driven by Joseph. Small was off-duty at the time. Joseph suffered severe whiplash, a fractured rib and neck and other injuries, while the other occupant of the van received minor injuries.
Last week Thursday, defence attorney Ian Brooks in his submission, told the magistrate the defendant was a single father of two who had no previous convictions.

He added that Small had over ten years of driving experience and had received four commendations in his ten years in the Police Service. He said the victim also requested that the court not impose a custodial sentence (imprisonment).

Magistrate Quinlan responded that “the offence is a serious one and the court feels that it has no alternative but to impose a custodial sentence.” However, before she could continue Brooks interjected and asked that an adjournment be granted so that testimonials of Small’s character be brought to the court. Small, was on the verge of tears as he repeated, “Please ma’m, please.”

Magistrate Quinlan consented to a one-week adjournment.
When the matter resumed yesterday, Brooks brought testimonials from Trinity College, St Mary’s College and from the Sr Supt of Small’s Division.

After considering the plea in mitigation and the testimonials presented by the defence, the magistrate then fined Small $200 for breaking the red light or in default two weeks hard labour. For the charge of dangerous driving, she fined him $2,000 or six months hard labour. She also ordered that he be disqualified from holding a driver’s permit for 24 months. With regards to compensation, Magistrate Quinlan indicated that the amount of compensation needed was more than the court could award. 

She added that she would not like to affect the proceedings of Joseph’s insurance claims, since Small admitted liability to the insurance company.