Duo spared from receiving jail sentences
service each after they pleaded guilty to conspiring to defeat justice.
Reid Henry Jones, 24, of Manchester Street, and Troy Anthony DeSilva-Symonds, 22, of Pinkhouse Lane, were represented by lawyer Archie Warner.
The court heard that at about 3.30 a.m. on October 16, 1995, two ambulance crews rushed to a fatal road traffic accident on Middle Road in Warwick involving a Mitsubishi Colt with five occupants.
There they found the lifeless body of Colin George Francis lying face down in the middle of the road next to the overturned car. He was transported to King Edward VII Memorial Hospital where he was pronounced dead on arrival.
Three of the four other people who had been in the car were taken to hospital for treatment for their injuries.
A Police traffic investigator determined that the accident was caused by the driver's negligence when the car was travelling at a speed of about 90 kilometres per hour.
Jones and DeSilva-Symonds gave statements four days after the crash and both stated that Mr. Francis had been driving the car when the accident occurred.
Over a year later, on November 22 and 23, 1996, the defendants returned to the Police Station for further interviews.
This came at the request of Police who had earlier that month interviewed another occupant of the car on the fateful night -- Randolph Lightbourne.
The two defendants admitted that their original statements were false. They revealed that Mr. Francis had been the front seat passenger on the night in question and Mr. Lightbourne had been driving the car.
The defendants said they agreed to lie at Lightbourne's request in order to protect him.
Crown counsel Khamisi Tokunbo noted the offence carried a maximum sentence of three years imprisonment.
He pointed out that it involved "a serious and tragic road traffic accident'' which claimed the life of another person yet the defendants "knowingly and deliberately'' made false witness statements.
"Then for a period of one year they concealed the truth and obstructed the wheels of justice,'' said Mr. Tokunbo.
He said a custodial sentence would not be inappropriate for the crime as society should be shown that the courts disapproved of such behaviour.
Mr. Warner said the two men were sorry for what they had done. He said DeSilva-Symonds was a first division cricketer who had represented Bermuda against India and had only one blemish in his antecedents.
Jones, he continued, had been deeply hurt by the loss of Mr. Francis whom he considered a brother.
Before sentencing the two men, Puisne Judge Richard Ground told DeSilva-Symonds that the offence would normally carry a term of imprisonment.
However, he said he would take into account his previous good record and his work ethic as he did not want to derail him.
He told Jones that although his record was not as good as DeSilva-Symonds, he would not draw a distinction between the two men. If he returned to court, continued Mr. Justice Ground, he would likely be sent to prison if found guilty.
He then sentenced both men to 200 hours of community service.