High court sends driving case back to lower court
ban in the Supreme Court yesterday had her case sent back to Senior Magistrate the Wor. Will Francis for further consideration.
Chief Justice Sir James Astwood ordered the case returned to the lower court after hearing that circumstances surrounding the incident were not presented to Mr. Francis before a $100 fine and three months disqualification were imposed.
Bridget Marshall, who is manager of the Palm Reef Hotel, contends she was rushing to a medical emergency at the establishment when she was stopped for driving at speeds of 52 kph on June 16.
Mr. Jai Pachai, for Marshall, read an affidavit made by his client explaining the day's events, which started when a guest walked into the hotel's lobby bleeding profusely from a wound in the back of his left thigh.
He told Marshall and other Palm Reef staff he had just had an accident on his auxiliary cycle, and that a handlebar had gone into his leg.
Marshall offered to call an ambulance for the man, but he refused to go to the hospital and said he only wanted first aid treatment. She also said the man appeared to be drunk, and smelled of alcohol.
Upon discovering hotel first aid supplies were not adequate to deal with the man's injuries, Marshall drove to the Paget Pharmacy to purchase more bandages and disinfectant.
She was stopped by the Police on Middle Road, Paget, as she was driving back to the hotel.
The affidavit said Marshall explained the situation to the officer, showed him the supplies and asked if he could accompany her back to the hotel to see that she was telling the truth.
The officer declined to follow her, issued a ticket and told her: "You should have called 911.'' On July 14, Marshall appeared in Magistrates' Court to answer to the charge, and "inadvertently pleaded guilty'' because she "didn't want to waste court time'' explaining the situation.
Mr. Francis imposed a $100 fine and disqualified her from driving all vehicles for three months because she had been convicted of speeding less than two years before.
According to the statement, Marshall attempted to explain the circumstances to the Senior Magistrate, but he had already imposed his sentence, and could not change it.
"I do not encourage people coming up to this court, when they can give evidence down in Magistrates' Court,'' said the Chief Justice, who said Marshall should have called witnesses in July.
Sir James ordered that the new information be sent to Mr. Francis, who he said was free to change the sentence. The Chief Justice also said Marshall could appeal the new penalty if she wished.