Not guilty of causing deaths, but of dangerous driving

However, he was convicted of the lesser offence of dangerous driving, following a jury trial in the No. 5 Supreme Court earlier this week.

Clinton initially faced counts of causing the death of Akalia Weir, 17, and Jakayla Holder, two months old, on April 21, 2011, by driving Z72 dangerously along Lower Estate Road, St George, at a speed and in a manner dangerous to the public.

The deceased were his passengers at the time. The baby’s mother, Melissa Crichlow, lost her hand during the incident.

A nine-member all-female jury found the resident of Brereton Village No. 2, St Philip, guilty, in a trial presided over by Justice Pamela Beckles.

Clinton had denied causing the deaths of both females. A pre-sentencing report was ordered and he will return to court on July 23 for sentencing.

Clinton continues bail until then.

Principal State Counsel Romario Straker and State Counsel Maya Kellman prosecuted the case, while Senior Counsel Andrew Pilgrim and attorney Lesley Cargill-Straker represented Clinton.

The prosecution’s case was that the speed or manner in which Clinton drove that night, having regard to all the circumstances, was dangerous to the public and the occupants in his vehicle who included Weir and Holder.

On the other hand, the defence’s position was that the trailer positioned on the wrong side of the road – even though it was under a street light – along with the surrounding dark area, presented a hazard that a reasonably competent driver would not have anticipated, nor could have avoided.

That, along with the blinding lights of the oncoming vehicle, led to the situation where the driver failed to see the obstruction in time, they contended.

During the trial the court heard from a heavy-duty truck driver employed by a construction company, who said he had been instructed to move an excavator.

He arrived in the area, unhooked the trailer, removed the excavator and used the truck to go to a nearby fast food restaurant. He later received a call that “a vehicle run into the side of the trailer”.

An accident reconstruction testified that the trailer was parked on the wrong side of the road and had no reflective tape on its front, although he conceded there was adequate lighting from a nearby street light. Stating that he did not believe excessive speed was a factor, the witness said that driver inattention was the primary cause of the collision.

Consultant pathologist with the Queen Elizabeth Hospital, Dr David Gaskin, also gave evidence. He stated that the cause of death for both Weir and the two-month-old infant was blunt force head trauma.

Clinton, who testified, said he was heading toward the Roberts Manufacturing Plant when a vehicle approached with very bright lights on.

“When the vehicle got alongside of me I turned on my bright lights, and I just saw this object in front of me. I pulled to the right side of the road, trying to avoid what was in front of me,” he told the court from the witness stand. (SD)