Driver charged over Cemetery Rd fatality

Roger Bess, the driver who fatally struck an elderly man and injured two other persons after he allegedly lost control of his speeding car on Cemetery Road on January 1st, was yesterday read five charges, including causing death by dangerous driving, and released on a total of $200,000 bail.

It is alleged that Bess, 34, of 164, Cummings Street Bourda, drove motor vehicle PNN 7977 in a manner which was dangerous to the public, thereby causing the death of 61-year-old George Barker. It is also alleged that on the same day he drove the motor vehicle without being in possession of a valid driver’s licence, without having a third party insurance, without a certificate of fitness for the vehicle and that he failing to render assistance to the injured persons after the accident.

Not guilty pleas were recorded for Bess on the charges of causing of death by dangerous driving, failure to render assistance to the injured persons and driving the vehicle without having a certificate of fitness, while guilty pleas were recorded for the other two charges.

Prosecutor Michael Grant did not object to bail but asked for it be substantial if granted and for conditions to be attached.

Roger Bess
Roger Bess

It is the police’s case that at about 5pm on January 1st, Bess was driving south at a fast rate along the eastern carriageway of Cemetery Road when he advanced on a speed hump, which caused him to lose control of the car, resulting in the car colliding with two stalls and the victims, who were in corner of the road.

However, attorney Khemraj Ramjattan disputed the prosecution’s case. He argued that a front wheel on his client’s vehicle was blown out upon approaching the speed hump, which resulted in him losing control of the vehicle and subsequently colliding with the persons who were standing very close to the road.

Ramjattan further expressed doubt that Bess failed to render assistance to the injured persons and drove away after the accident, since his car ended up in the trench and he was also hospitalised.

The attorney did, however, admit that his client’s driver’s licence had expired on December 10, 2014, but he contended that the certification for the car was in the vehicle, but the police claimed it was not recovered.

In his bail application, he said Bess, who is a janitor, is a father of two with no previous convictions. The attorney added that Bess has been cooperating with the police since his arrest and he is willing to subject himself to any conditions required by the court.

Chief Magistrate Priya Sewnarine-Beharry then granted $100,000 bail on the causing death by dangerous driving charge and $50,000 each for the charge of failing to render assistance to the injured persons and driving an uncertified motor vehicle.

She fined Bess $25,000 for being an unlicensed driver and $40,000 for driving the car without insurance. If he fails to pay the fines, Bess will be imprisoned for two weeks on each charge.

Bess was also ordered to lodge his passport with the police and report to the officer in charge of the East Penitence Police Station every Friday at 9am.

Barker, Brian Devine and Anaynasa Thorne, 18, were standing at a stall on the eastern side of the eastern carriageway on Cemetery Road when the car ploughed into them.