A 20-year-old soldier was acquitted of a charge of causing death by dangerous driving. Dario Pran, of Dinsley Road, Tacarigua, was discharged after Chief Magistrate Sherman Mc Nicolls, presiding in the Port-of-Spain Eighth Magistrates’ Court, upheld a no-case submission by attorney, Daniel Khan.

It was alleged that Pran caused the death of another soldier, Private Sean Martin, the son of State prosecutor, Jennifer Martin, by knocking him down on the Priority Bus Route, Mount Hope, on October 12, 2008. The State was represented by prosecutor, Kathy-Ann Waterman-Latchoo. In his submissions, Khan said the State had not made out a prima facie case of death by dangerous driving. He said the description given by the witness that the car was swaying from shoulder to the middle of the road, was not evidence of dangerous driving. Khan said there was no evidence that the death car was on the shoulder of the road. He said the witness never said that the car was swaying on the point of impact.

Khan also submitted that the evidence of the main witness was so manifestly unreliable that no jury could properly convict on it. Mc Nicolls said the State had failed to establish a prima facie case. He said the evidence adduced was so discredited as a result of cross-examination that no properly directed jury could convict on it. After Pran was discharged, Khan said his client wanted to express his condolences to the Martin family, but maintained his position that the death was not as a result of his actions. The prosecution depended on the testimony of the sole eyewitness, Kimberly Mitchell. She stated that on the day in question, she was seated in the back seat of a maxi taxi which was travelling along the Bus Route. She said on reaching the traffic lights at Mount Hope, she observed a car give the maxi taxi “a bad drive”.

She looked through the glass of the maxi and saw the car swaying. The car, she added, then hit Martin who was at the time changing a tyre on his car. Mitchell said she then saw the car drive off. Martin was later found dead and the police were contacted. She attended an identification parade, but never pointed out Pran. The investigator stated that he visited Pran at hospital where he cautioned him and told him of the investigations. The accused responded: “Boss, I don’t know what you talking about, I cah remember what happen when I was driving the car.”