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Speeder who hit soldier at checkpoint avoids prison

Home, sweet home: Private Ndavyah Williams is pushed through a Royal Bermuda Regiment guard of honour by Private Kirk Wilks Jr after returning from the US, where he was treated for his injuries. The driver of the car that hit both soldiers was today given a six-month prison sentence suspended for two years. (Photograph supplied)

A car driver who admitted slamming into a Covid-19 checkpoint and injuring two soldiers, one of them seriously, has been spared jail and been given “a strong dose of community service” instead.

Puisne Judge Shade Subair Williams acknowledged yesterday that the sentence would be “wholly unsatisfactory” to some.

She told Makhail Saltus and his cousin Giovanni Saltus that their high-speed crash on the night of June 29, 2020, during the Covid-19 lockdown, had sparked “inevitable outrage from the Bermuda community”.

Makhail Saltus was given a six-month sentence of imprisonment, suspended for two years, for causing grievous bodily harm by careless driving.

For conspiracy to defeat justice and for causing bodily harm by driving, he was ordered to give 100 hours of community service over the course of a year’s probation.

Mrs Justice Subair Williams allowed discounts on what would have been an 18-month term of imprisonment given Saltus’s guilty plea, and the temporary discount policy that was in effect at the time.

He was also banned for three years from driving a car — but not disqualified from all vehicles, in light of his employment driving heavy equipment for a construction company.

Giovanni Saltus, who initially told soldiers that he had been driving, received a conditional discharge for 18 months with 15 hours’ community service.

Mrs Justice Subair Williams told the pair: “You will never really fully be able to compensate the victims for the damage you have caused.

“The sentence of this court may be satisfactory to some and wholly unsatisfactory to others.”

She added: “As you walk off from this courtroom, whatever inconvenience you may feel having to serve community service, remember how you have impacted someone’s life.”

Of the two injured soldiers, she said: “The pain and trauma you have caused is likely to be for the entirety of their lives.”

Mrs Justice Subair Williams told them: “Recognise that you have been incredibly fortunate and you have been given a second chance.”

Reviewing the summary of evidence, she noted that their car had been speeding because of the 11pm curfew — even though it was 15 minutes after curfew when the vehicle, travelling east on South Road, Devonshire, overtook a motorcycle and then crashed into the Royal Bermuda Regiment checkpoint.

Private Ndavyah Williams, struck first, suffered several broken bones and serious internal injuries, which the judge described as “nothing short of devastating”.

His regimental career and ability to take part in sport “abruptly ended when he was so recklessly struck”.

Soldiers will bear ʽphysical and mental scars’

The Commanding Officer of the Royal Bermuda Regiment, Lieutenant-Colonel Ben Beasley, said the organisation provided support to its members after the checkpoint crash.

He said: “Unfortunately, the soldiers will bear the physical and mental scars of this incident for the rest of their lives, and there are no winners.

“The regiment has co-operated fully with the investigation leading up to this point and has consistently provided support in a variety of ways to the soldiers involved.

“On the wider matter of safety on our roads, we encourage everyone in Bermuda to take collective responsibility for road safety, to slow down, to not drive drunk, and to ensure that our friends and family do the same.”

Mr Williams told the court last month that the injuries meant he lived in “constant fear, healthwise” every day.

He added: “The pain is so much. I hate to talk about it, because I only sound like I’m complaining, and so I keep it all to myself.”

Mr Williams said his injuries and the need for continuing surgery left him unable to see his daughter overseas — while his mother and aunt had used up their savings and holiday time caring for him.

The second officer hit, Private Kirk Wilks Jr, sustained a fractured ankle.

Mrs Justice Subair Williams noted that there was no Covid-19 vaccine available that early in the pandemic, making hospital treatment for the two men “particularly serious”.

She also said that the defendants had to be pursued and brought back to the scene by soldiers after they initially walked off into nearby trees.

Makhail Saltus has just become father to a newborn child and was described as a “model employee” by the construction firm where he works.

There was also an endorsement of character from Hamilton Parish Workmen’s Club.

Mrs Justice Subair Williams said that Giovanni Saltus’s initial claim that he had been the driver was “likely a momentary lapse of judgment”.

It is The Royal Gazette’s policy not to allow comments on stories regarding court cases.