A no case submission made by the defence in a causing death by dangerous driving case was dismissed by a High Court judge yesterday.
Attorney Wendel Alexander raised several points of law as it pertains to the case, which High Court judge Justice Tunde Bakre ruled on, citing reasons for his decision, before saying that the case will be put to the jury.
Kevon Small, 37, is accused of causing the death of 50-year-old Colin Anderson Joseph in September 2021.
After the prosecution closed its case last week having called a police corporal as the final witness to give evidence, Alexander made legal submissions.
Now that the judge has ruled against him, his client will have to mount a defence in the matter.
The jury will return to court this morning for the continuation of the case.
Small, who was 34 at the time of the incident, allegedly ran over Joseph with his vehicle at the junction of Market and New Street.
Joseph was rushed to the Sir Lester Bird Medical Centre with a cracked skull and injuries to his left leg. Doctors had declared him brain dead as there was no brain activity based on tests. He was supported by a ventilator but eventually succumbed to his injuries.
While giving his evidence, the police officer told the court that Small admitted to being involved in two accidents prior to this one.
The father of two reportedly has a medical condition in which he suffers chest pains on the left side that makes him dizzy and gasp for breath.
According to the officer, Small admitted that his condition is triggered by stress, anxiety and exhaustion, but he was not taking medication because he does not like pills.
However, there was no evidence that Small was experiencing an episode at the time of the accident.
Based on a question asked by the jury, the officer also told the court that Small was sober at the time.
Reportedly there is video footage of the incident, which the accused has viewed and has admitted that he didn’t come to a complete stop, but slowed down, observed and proceeded.
He told officers that he felt his car go over something like a bump on the road which caused him to stop that night.
During cross examination the officer revealed that there was no stop sign at that junction at the time, but one has since been erected.
He said Small, a Guyanese by birth who migrated to Antigua at age 15 years, told investigators that he was travelling from east to west on New Street, and when he attempted to turn north onto Market Street, Joseph, of English Harbour, walked in front of his vehicle.
The lawman obtained the video footage from Paradise Casino.
