Man sentenced to 18 months for fatal traffic accident

June 11, 2015 9:07 AM
PHILIPSBURG--The Court of First Instance on Wednesday sentenced Alexander R. Dwarkasing (29) to 18 months, nine of which were suspended, on three years' probation, and a three-year revocation of his driver's licence, for causing a fatal traffic accident on Bishop Hill Road, which took the life of a 46-year-old pedestrian.
 
David Charles was killed early Saturday morning, February 28, when he was hit by a car. A Nissan X-Trail SUV was travelling from the roundabout at the junction of Bishop Hill Road and A.Th. Illidge Road toward Oyster Pond at 6:55am, when the driver lost control of his vehicle and hit a car that was parked on the side of the road.
 
Charles, who was walking down the road from his house to take garbage to the bin, was hit by the car and landed under the wheels of a backhoe, which was parked on the property where the accident occurred. The victim suffered severe trauma to his head and body and died on the scene.
 
The Prosecutor's office had called for a three-year prison term and a five-year revocation of the driver's licence.
 
The Judge agreed with the Prosecutor that there was no evidence of manslaughter but found it proven that the suspect had driven "highly careless and inattentive."
 
Dwarkasing had said he could not remember anything about the accident. A blood test revealed he had a blood alcohol content of 2.33, more than five times than permitted.
 
D. had been working from 7:00am the previous day. He did not have breakfast or any other proper meal during the entire day. The accident occurred while he was on his way home after almost 24 hours without sleep.
 
The Judge said there was insufficient evidence of reckless driving, which is generally hard to prove. It could also not be ascertained whether Dwarkasing had been speeding and had exceeded the speed limit. The Court, however, found wrongful death proven.
 
Defence lawyer Shaira Bommel had pleaded for her client's full acquittal.
Judge Maria Paulides said it was difficult to render justice in a case such as this one, taking into account the feelings of the bereaved, as well as the fact that the defendant never had the intention to take a person's life.
 
The Prosecutor had recommended the Court to award damages to the widow to the tune of US $5,000. Attorney Bommel had said the claim for damages should be rejected because it was "too vague and too complicated." A civil court should be dealing with this matter, Bommel said during the hearing of this case, which took place May 20.
 
The Court decided to award damages to the tune of NAf. 90, and declared the victims' claim inadmissible where it concerned the remainder of the contested amount. A claim could be filed in a civil court, it was added.

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