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Edness pledges review of drink-driving laws

While Senior Magistrate Will Francis moved to defend his decision to allow some impaired drivers to keep their licences, Government yesterday announced plans to review the legislation relating to drinking and driving.

Minister of Labour, Home Affairs and Public Safety Quinton Edness told The Royal Gazette Government was responding to public anger over the lenient sentences recently handed down to those convicted of driving under the influence of alcohol.

"The Premier asked me to get cracking on it right away. We hope to review the legislation and report to the public straight away,'' said Mr. Edness.

He indicated the review, which will be carried out with the Ministers of Health and Transport, will examine the legislation as it is and will seek input from the Attorney General, Police, and those who work in related fields.

Mr. Edness said he also agreed with the recommendations of the Bermuda Medical Society which Thursday called for a get-tough policy on drinking and driving.

Among their recommendations was a change in the law to allow mandatory testing in hospitals of accident victims suspected of being under the influence of alcohol or drugs, random breath tests, and compulsory blood testing for anyone in a road accident.

One aspect of the review said Mr. Edness, will examine omissions and applications of the law related to blood testing.

And the Minister rejected concerns that taking blood without consent was an infringement of civil rights.

"These aren't civil rights issues here; it's a question of public safety. If there's an accident we still have to determine how it happened, what was involved,'' he said.

The review will also look to other jurisdictions such as Australia, Canada, and the UK and examine educational and public relations strategies used there.

"The law as it stands now is confusing, especially concerning how discretion within the law ought to be applied. We feel the public should know how the law works,'' said Mr. Edness.

His comments were in reference to the public fury over the light sentence recently handed down to the teenage son of a UBP MP by Mr. Francis.

"This whole thing is most unfortunate and now the public is very upset because they perceive this as inconsistent treatment.

"It is not my intent to criticise the court,'' said Mr.Edness.

Meanwhile Mr. Francis responded to the controversy surrounding his decision to allow the son of Government rebel MP Ann Cartwright DeCouto to keep his car and motorcycle licence after the teenager admitted driving with more than the legal limit of alcohol in his blood.

And it emerged that Mrs. DeCouto actually defended Jessie DeCouto, 19, of Grape Bay Drive before the Magistrate in court last Friday.

Mr. Francis said he had a duty to exercise the discretion Parliament had given to judges.

"If Parliament wants all people taken off the road in all cases, they should say so clearly in legislation,'' he said.

He stressed the law must be followed even if it seemed ridiculous.

He also noted he allowed DeCouto to keep his auxiliary licence because he had the impression that the youngster needed his licence for his job. Mr. Francis said he believed, based on statements given by DeCouto's mother, he was some kind of messenger.