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Police testify cabbie smelled of alcohol at crash scene

The Supreme Court trial of a taxi driver accused of causing death by dangerous driving resumed yesterday morning with the court hearing the defendant drank intoxicating liquor on the night of the accident.

Noel Kenneth Bascome of Friswell's Road, Pembroke denies causing death by dangerous driving, causing death by driving whilst impaired and failing to comply with a demand for a breath sample.

His passenger, 71-year-old Aileen Sybil Belboda, died from severe head injuries as a result of the December 28, 1998 accident.

Four members of the Bermuda Police Service testified yesterday as prosecution witnesses -- each of the officers stating they witnessed physical indications that Mr. Bascome was drinking the night of the accident.

P.c. Jerome Simons said he attended the accident scene and noted a strong smell of alcohol on Mr. Bascome's breath.

P.c. Simons said he planned to arrest Mr. Bascome on suspicion of impaired driving, but when he asked Mr. Bascome for a breath sample, Mr. Bascome wanted to wait until his wife arrived.

And P.c. Simons added: "He appeared dazed, almost like he was incoherent, so to speak.'' But defence lawyer Richard Hector reminded P.c. Simons that Mr. Bascome had some head injuries.

P.c. Shanelle Smith, one of the arresting officers, said she also noticed the smell of alcohol on Mr. Bascome's breath.

And she stated that his speech was slurred, he was unsteady on his feet and needed assistance getting in and out of the Police vehicle.

But Mr. Hector said there was no indication in her statements that Mr. Bascome needed assistance getting out the car.

P.c Smith said officers brought Mr. Bascome into the jail area to be processed and he told them he needed to go to the bathroom -- but was told to wait a few minutes until he was put into a cell.

And she stated: "Mr. Bascome pulled out his penis and stated that he was going to urinate in the trash bin.'' She said he did urinate into the bin and leaned up against the wall for support.

"I left the jail area. It's not normal for someone to do that, especially a gentleman in front of a female officer,'' she said.

But Mr. Hector said her description of Mr. Bascome's urination was "completely and utterly untrue''.

Mr. Hector suggested that Mr. Bascome asked to use the bathroom three times and then tried to urinate out of her view -- which P.c. Smith denied.

P.c. Sean Bento, who was duty jailer at the time Mr. Bascome was brought in, testified that Mr. Bascome's smelled of alcohol and had slurred speech.

He also said he saw Mr. Bascome urinate into the trash bin and stated: "It's my view that he had had something alcoholic to drink.'' And he denied suggestions from Mr. Hector that someone helped him prepare his witness statements.

Sgt. Robin Sherwood said he was responsible for performing the breath analysis test.

But he said when he asked Mr. Bascome to take the test, he refused twice.

And Sgt. Sherwood said Mr. Bascome admitted to him that he had consumed alcohol.

Sgt. Sherwood said he noticed some abrasions on Mr. Bascome's forehead and took him to King Edward VII Memorial Hospital as a matter of "prudence'' -- although he stated that Mr. Bascome had not requested to be taken there.

At the hospital, Sgt. Sherwood asked Mr. Bascome for a blood sample, stating: "I wanted to give him every opportunity to provide a sample for alcohol testing'' -- but he said Mr. Bascome still refused.

Mr. Hector suggested that Mr. Bascome refused to give a sample because he wanted his lawyer present, but Sgt. Sherwood said Mr. Bascome did not request a lawyer.

Assistant Justice Philip Storr adjourned the trial until 9.30 a.m. today.