Despite pleas by Lawyer Stephen Daniels for the driver's license of his client Roland Allen not be suspended, Senior Magistrate Valerie Stephens ruled against the defense.
On Tuesday morning before granting Allen $60,000.00 bail, Magistrate Stephens told the court that the allegations are serious since a young man lost his life as a result of the incident.
The scene just after the accident on Tuesday, February 23, 2010
Photo Credit: BVI Platinum News
The scene just after the accident on Tuesday, February 23, 2010
Photo Credit: BVI Platinum News
The Magistrate lamented that the court was given a conviction sheet of Allen and most of the offences are road traffic offences with one being reckless driving. "The allegations are compelling" she stated.
Allen will have to pay $25,000.00 cash and $35,000.00 signed surety and he will also have report to the Road Town Police Station on Mondays, Wednesdays and Fridays.
Meanwhile, in relation to the application by Senior Crown Counsel Candace Raphael-Dejounge for his driver's license to be suspended, Allen´s Lawyer told the court that tour operator is his only means of income and suspending it will deprive Allen of his livelihood.
"It will deprive him of taking care of himself, his family and his bills. It will be taking away his right to work," Daniels told the court.
However, the Magistrate said that given his previous convictions, it is not wise to allow him to return behind the wheels. Hence, his license was suspended pending the outcome of the case.
"He can always find alternative work, construction or something," the Magistrate stated.
In relation to the bus, Daniels told the court that the defense would like to have an independent mechanic examine the vehicle since it´s their case that the accident was due to a brake failure.
The Magistrate noted that it will not be a problem and that the vehicle will not be removed from its present location. The Prosecution will also have their certified mechanic.
The matter was set for mention on March 25, 2010.
Magistrate Stephens warned Allen that if he is seen driving his bail will automatically be revoked.
Allen is charged with causing death by dangerous driving and reckless driving.
Last week, Aaron Rumphrey, 24, of Honeoye, New York died as a result of injuries sustained in the accident.
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