Accused blames victim for causing road crash
A taxi driver accused of causing death by dangerous driving blamed victim, Aileen Sybil Belboda, for causing the accident by distracting him by screaming.
And Noel Kenneth Bascome told a Supreme Court jury yesterday that he had only had one drink, despite spending nine hours before the death in and out of pubs and clubs whilst ferrying a friend around.
Bascome then picked up Aileen Belboda, 71, and her husband Roland Belboda from King Edward VII Memorial Hospital.
Mrs. Belboda died from head injuries a week after the taxi smashed into a boulder on Middle Road, Warwick, in the early hours of December 28, 1998.
Bascome denies causing death by dangerous driving, causing death while driving while impaired and failing to comply with a demand for a breath sample.
Bascome, of Friswell's Road, Pembroke, told the court he was distracted when Mrs. Belboda let out a sharp cry from the back seat.
He said: "I heard a noise from the back. It sounded like `driver!' It sounded like bawling. I glanced in the mirror and I saw her coming forward.
"The car just bumped. By the time I looked back it was all over. I struck my head pretty hard on the windscreen. The window glass was all over my face and hair. She was laying down between the front passenger seat and the door.'' Bascome said a witness heard Mrs. Belboda gurgling.
He said: "The lady said she was drowning in her own blood. I said `help me turn her over'. Then the ambulance arrived.'' Bascome told the court he refused to give a breath test because he was worried whether the one drink he had earlier would put him over the limit.
And he claimed Sgt. Robin Sherwood told him at Hamilton Police Station that he did not care if Bascome took the test or not.
He said he was asked two or three times to take the breath test but wanted to have a lawyer present.
Bascome admitted he knew his tyres were bald and that he had a problem with his steering.
Prosecutor Sandra Bacchus said: "But you still decided to take the taxi out on December 27 and 28. You were aware bald tyres make it difficult to stop.'' Bascome said: "Only if you were speeding.'' Ms Bacchus said the tyres were all of different makes and the wheels were out of line making it likely that the car would be veering out of line.
And she probed him on why Colin Smith, who Bascome had accompanied to The Spinning Wheel, The Swinging Doors, The Bermuda Public Service Association Club and The Mid Atlantic Boat Club, had not taken the witness stand to verify Bascome's claim of sobriety.
However defence counsel Richard Hector countered by questioning why the prosecution had not called the Smiths.
Mr. Hector said Monique Bridgewater, who crashed into the back of the taxi, had found no fault with Mr. Bascome's driving until the crash.
He said numerous crashes were caused by drivers being temporarily distracted and that the bald tyres made no difference as there was no time to brake.
Assistant Justice Philip Storr is due to sum up when the trial resumes this morning.