Driver cleared in death of pedestrian after Magistrate upholds no case submission

A man who had been placed on $1 million bail in January after being charged with causing the death of a pedestrian by dangerous driving has been cleared of the charge, following a no case submission upheld by Senior Magistrate Dylon Bess.

Joseph Gladwin, also known as “Menty,” was accused of causing the death of 29-year-old Andrew Adams, also called “Greg,” through dangerous driving.

The incident occurred on January 24, 2024, along the Citrus Grove Main Access Road in Port Kaituma, Region One (Barima-Waini).

Gladwin was charged under Section 35 (1) of the Motor Vehicle and Road Traffic Act, Chapter 51:02.

Reports indicate the accident took place around 03:00hrs on January 24, just one day before Adams was to celebrate his 30th birthday. He was reportedly found with multiple injuries and taken to the Port Kaituma Regional Hospital, where he died while receiving treatment, according to relatives.

Adams is said to have contacted a sibling prior to the incident, requesting a ride home, but later decided to walk instead. His sister reported that he was struck by a man known as “Menty,” who allegedly left the scene after hitting him.

“Somebody else was passing and saw my brother and called the police. Then the ambulance pick him up and they take him to the hospital,” the woman had stated.

During the no case submission, Attorney-at-Law Bernard DaSilva, who represented Gladwin, acknowledged that his client was the custodian of motorcar PYY 8713 on the date in question but argued that there was no evidence linking him to any accident.

“The prosecution seeks to rely on the inference that a mud guard was found at the scene of where the body was lying. Notably, this is a public road, where many vehicles traverse. The mud guard that was retrieved from the scene has no corroborative value. There was absolutely nothing to link the defendant’s car to the mud guard. There was no forensic comparative analysis, there was no attempt to even do a physical match by the investigators,” DaSilva submitted.

He further stated that no eyewitness was called to support the claim that Gladwin drove dangerously on January 24.

“There is no evidence to suggest that the deceased died as a result of a motor vehicle accident. The postmortem recorded the cause of death as ‘multiple injuries’. There is no opinion that those injuries are consistent with a motor vehicle accident. The pathologist was not called to explain his findings,” he argued.

DaSilva also reasoned that if the injuries were caused by Gladwin’s vehicle, the resulting damage would have been substantial and easily detectable.

“Notably, the defect sheet, and the evidence of the police sergeant coupled with the photographic evidence presented by the prosecution, did not support any theory of recent damages, blood stains, torn clothing, or any other corroborative evidence, found on the defendant’s car,” he added.

He concluded that the prosecution failed to establish that Adams died as a result of a motor vehicle accident, or that Gladwin was the person responsible.

After hearing the arguments, Magistrate Bess ruled that a prima facie case had not been established and dismissed the charge against Gladwin.