Bishnarine Persaud, the proprietor of Sanjay’s Jewellery, was yesterday sentenced to 58 months in jail after being found guilty of causing the death of a municipal handyman by dangerous driving.
Persaud, called ‘Sanjay,’ 44, was charged in September of last year with driving in a dangerous manner and causing the death of Leon Hunte.
Hunte, 53, of Stone Avenue, Blygezight was heading home on his bicycle along Lamaha Street, Newtown, when he was hit by the car being driven by Persaud at around 1.30am on September 12th, 2014.
Magistrate Judy Latchman handed down the sentence yesterday at the conclusion of Persaud’s year-long trial at the Georgetown Magistrate’s Court 3.
The magistrate, after reviewing all the evidence given throughout the trial, ruled that there was enough evidence that the businessman fell short of the standard and care of a competent driver and in the circumstances she found him guilty as charged.
In delivering the sentence, the magistrate took into consideration the fact that Persaud stayed at the accident scene and alerted the police after the collision; the fact that a life had been lost; the prevalence of the offence; the prevalence of speeding as a contributing factor in fatal accidents in today’s society; and the need to promote road safety.
Persaud’s attorney, Glenn Hanoman, made an application for bail, pending an appeal, but it was refused. Hanoman reminded the magistrate during his application to take into consideration that his client, subsequent to the accident, paid the complete funeral and wake expenses of the deceased. He also said Persaud is the sole bread winner of his household and the father of two children who still attend school.
Magistrate Latchman had on July 28th granted an adjournment in the case after Hanoman filed a constitutional motion claiming that his client was receiving an unfair trial. Hanoman moved to the High Court, claiming the magistrate refused to grant him sufficient time to lead his defence. He was later granted more time.
At the last hearing before yesterday’s verdict, Persaud had been called upon to lead his defence and he opted to give unsworn testimony.
He said the place was dark and he had been driving very cautiously when he saw a dark object appear in front of him. He added that he swerved to avoid the collision and crashed into a lantern post.
Persaud said after a few minutes he exited the car and saw people gathered. “I went up and saw the bicycle with no light or reflector and a person lying on the road,” he said, before adding that he immediately called the police and informed them what had transpired. He said he then started to feel pain in the chest and neck and the next day woke up in the hospital. He later discharged himself and went to the police station, where he underwent a breathalyser test that did not find him to be over the legal limit.
He had declined to call any witnesses on his behalf.
Hunte, who had been mute from birth, was a handyman at City Hall for more than two decades. He had been on short leave from work at the time of the accident in order to celebrate his birthday.
