bahamiangoddess
04-22-08, - 03:45 PM
April 22nd, 2008
Magistrate May Testify In Manslaughter Case
By TOSHEENA ROBINSON-BLAIR
A coroner’s court magistrate could be called to give testimony in the Supreme Court trial of three men accused of manslaughter by negligence in the 2002 death of a British toddler, who died days after a boat plowed into him on a busy Paradise Island beach.
After calling four witnesses to the stand Monday, prosecutor Anthony Delaney announced his intention to call Magistrate William Campbell to testify in the matter.
A 2003 coroner’s inquest – presided over by Mr. Campbell – found no one culpable in the child’s death and ruled it accidental.
However, the boy’s parents, Paul Sr. and Andrea Gallagher, pushed throughout the intervening four and a half years for the investigation to be reopened, refusing to accept the outcome – that no one was found liable under the law for what they felt ought to have been a preventable tragedy.
Henry Bostwick QC, the defense attorney for James Bain, Clifford Nottage and Evangeless Williamson, appeared to have an objection to Mr. Campbell being called.
The jury was dismissed early to allow the attorneys to argue the matter.
The trial is expected to resume at 10am today.
Reprimand
On Monday, Acting Supreme Court Justice Elliott Lockhart verbally reprimanded the public prosecutor.
Mr. Delaney had been attempting to put another question to Captain Glenwood Bain – a former deputy port controller.
According to Mr. Bostwick, his evidence had been withheld from the defense.
At one point, Mr. Lockhart refused to allow Mr. Delaney to put a question to the witness.
The prosecutor then asked on what grounds did Justice Lockhart make that ruling.
The justice replied, "When you are in a court and you receive the ruling of a court you are to accept that. Anything other than that is contemptuous…and so you had better find your place."
As the trial heads into its second week, four witnesses were called Monday to give testimony in the matter.
Sergeant Veronica Ferguson was the first witness called to the stand Monday.
Court Hears Boat Driver Smoked Pot
Sergeant Ferguson told the court that while attached to the Royal Bahamas Police Force Forensic Science Section she tested blood and urine samples belonging to Bain – the driver of the 19-foot speedboat that crashed into Paul Jr.
Sergeant Ferguson told the court that an analysis of the samples revealed that Bain had not been drinking on the day of the accident.
However, the court heard that his urine tested positive for marijuana, a drug Sergeant Ferguson said could impact one’s motor skills.
According to director of Miami Dade Medical Center, Dr. Lee Hern, the THC – an active ingredient of marijuana detected in Bain’s system – typically lasts for several days.
Previously, the court has heard that Bain was leading a banana boat ride when a wave knocked some riders off.
Bain’s lookout reportedly jumped into the water to help.
Meantime, Bain’s foot got tangled up in some ropes after he left the boat running and went to the stern to assist a female rider. It was then that the boat crashed on to the shore in the Gallaghers’ direction, according to the evidence.
Another witness to take stand Monday was Port Controller Captain Anthony Allen.
He spent two days on the witness stand last week and was only briefly called Monday. He said Bain never picked up his motor vehicle licence, dated October 25, 2002.
The fourth witness, Captain Bain, the former deputy port controller, testified that the 200-horsepower speedboat attached to Bain’s boat can travel up to 50 miles per hour, but would have to travel 50 to 100 feet before it reached full speed.
He testified that the boat would have to be travelling more than 30 to 35 miles per hour in choppy waters and more than 30 feet away from the shore to become airborne, as it reportedly did on the day Paul Jr. was injured.
The prosecution has said that it does not believe the men deliberately caused the boy’s death.
However, they contend that it is manslaughter by negligence because among other things, the trio deliberately operated or owned an unlicensed boat on a busy shoreline, with only a 14-year-old boy acting as a lookout.
More than 20 witnesses have testified thus far.
Magistrate May Testify In Manslaughter Case
By TOSHEENA ROBINSON-BLAIR
A coroner’s court magistrate could be called to give testimony in the Supreme Court trial of three men accused of manslaughter by negligence in the 2002 death of a British toddler, who died days after a boat plowed into him on a busy Paradise Island beach.
After calling four witnesses to the stand Monday, prosecutor Anthony Delaney announced his intention to call Magistrate William Campbell to testify in the matter.
A 2003 coroner’s inquest – presided over by Mr. Campbell – found no one culpable in the child’s death and ruled it accidental.
However, the boy’s parents, Paul Sr. and Andrea Gallagher, pushed throughout the intervening four and a half years for the investigation to be reopened, refusing to accept the outcome – that no one was found liable under the law for what they felt ought to have been a preventable tragedy.
Henry Bostwick QC, the defense attorney for James Bain, Clifford Nottage and Evangeless Williamson, appeared to have an objection to Mr. Campbell being called.
The jury was dismissed early to allow the attorneys to argue the matter.
The trial is expected to resume at 10am today.
Reprimand
On Monday, Acting Supreme Court Justice Elliott Lockhart verbally reprimanded the public prosecutor.
Mr. Delaney had been attempting to put another question to Captain Glenwood Bain – a former deputy port controller.
According to Mr. Bostwick, his evidence had been withheld from the defense.
At one point, Mr. Lockhart refused to allow Mr. Delaney to put a question to the witness.
The prosecutor then asked on what grounds did Justice Lockhart make that ruling.
The justice replied, "When you are in a court and you receive the ruling of a court you are to accept that. Anything other than that is contemptuous…and so you had better find your place."
As the trial heads into its second week, four witnesses were called Monday to give testimony in the matter.
Sergeant Veronica Ferguson was the first witness called to the stand Monday.
Court Hears Boat Driver Smoked Pot
Sergeant Ferguson told the court that while attached to the Royal Bahamas Police Force Forensic Science Section she tested blood and urine samples belonging to Bain – the driver of the 19-foot speedboat that crashed into Paul Jr.
Sergeant Ferguson told the court that an analysis of the samples revealed that Bain had not been drinking on the day of the accident.
However, the court heard that his urine tested positive for marijuana, a drug Sergeant Ferguson said could impact one’s motor skills.
According to director of Miami Dade Medical Center, Dr. Lee Hern, the THC – an active ingredient of marijuana detected in Bain’s system – typically lasts for several days.
Previously, the court has heard that Bain was leading a banana boat ride when a wave knocked some riders off.
Bain’s lookout reportedly jumped into the water to help.
Meantime, Bain’s foot got tangled up in some ropes after he left the boat running and went to the stern to assist a female rider. It was then that the boat crashed on to the shore in the Gallaghers’ direction, according to the evidence.
Another witness to take stand Monday was Port Controller Captain Anthony Allen.
He spent two days on the witness stand last week and was only briefly called Monday. He said Bain never picked up his motor vehicle licence, dated October 25, 2002.
The fourth witness, Captain Bain, the former deputy port controller, testified that the 200-horsepower speedboat attached to Bain’s boat can travel up to 50 miles per hour, but would have to travel 50 to 100 feet before it reached full speed.
He testified that the boat would have to be travelling more than 30 to 35 miles per hour in choppy waters and more than 30 feet away from the shore to become airborne, as it reportedly did on the day Paul Jr. was injured.
The prosecution has said that it does not believe the men deliberately caused the boy’s death.
However, they contend that it is manslaughter by negligence because among other things, the trio deliberately operated or owned an unlicensed boat on a busy shoreline, with only a 14-year-old boy acting as a lookout.
More than 20 witnesses have testified thus far.