The Police have asked the Director of Public Prosecutions to launch an appeal against a ruling clearing a man accused of death by dangerous driving on a legal technicality.

Roger Bowen was accused of killing bartender Larry Thomas. It had been alleged at a Supreme Court trial last month that Mr. Bowen’s van crossed into the lane Mr. Thomas was riding his motorcycle in, and hit him.

However Mr. Bowen, a 26-year-old air conditioning mechanic from Sandys, was cleared of the charge on a legal technicality relating to his breath-test. He had denied causing death by driving with excess alcohol as well as driving with excess alcohol.

The Supreme Court, in the absence of the jury, heard Mr. Bowen gave Police a breath test reading of 126 milligrams of alcohol in 100 millilitres of blood, about 1.5 times the legal limit of 80 milligrams.

But Puisne Judge Charles-Etta Simmons ordered jurors to find him not guilty because the breath test was given by a Police officer not designated to do the procedure.

Today the Police issued a statement which said: “The Bermuda Police Service has noted the public comments that have been made about the Supreme Court ruling in relation to the trial of Roger Bowen.

“We have received a copy of the court ruling and have been consulting with the the Director of Public Prosecutions about our processes.

“Since the enactment of the law to allow for breath testing for the presence of alcohol in Bermuda, the Bermuda Police Service has identified and trained persons to qualify to use the breath testing machines and has certified and then designated these persons who received training as qualified technicians.

“The placing of persons so designated in the Police General Orders is the process used for designating persons as qualified technicians.

“We have conducted a review and we are certain that every breath test was conducted by a person who was designated by the Commissioner of Police as a person, certified and capable of carrying out such test. These persons were either Sergeants or persons acting as Sergeants or of a rank higher than Sergeant.

“We believe that we have met the spirit and intent of the law in conducting breath testing and we have encouraged the Office of the Director of Public Prosecutions to launch an appeal of this ruling.”