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Court told taxi's tyres were in an `abysmal condition'

The Supreme Court trial of a taxi driver accused of causing death by dangerous driving resumed yesterday with the court hearing the taxi's tyres were in "abysmal condition''.

Driver 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.

The victim of the December 28, 1998, accident, 71-year-old Aileen Sybil Belboda, died of severe head injuries on January 3, 1999.

Roland Belboda, husband of the deceased, told the eight-woman, four-man jury that Mr. Bascome arrived in his taxi and picked up he and his wife outside King Edward VII Memorial Hospital on the day of the accident around 3 a.m.

Mr. Belboda said: "I noticed his (Mr. Bascome's) steering wasn't in one steady position -- you could feel the car swaying from side to side.'' And he noted that instead of gently easing over a speed bump on the property of KEMH, Mr. Bascome drove over it "one time''.

Mr. Belboda said he and his wife dozed off on the journey back to their home at Khyber Pass, but then he heard a loud bang when the taxi hit a pole.

And he stated: "I was kinda shaken, being the taxi just hit a pole. But then I saw my wife sprawled off on the floor of the taxi.'' Lynette Raynor, a nurse at KEMH, and bystander Allison James, both said they assisted Mrs. Belboda who was not breathing and had a very weak pulse.

Monique Fray Bridgewater told the court that she was travelling in a car behind the taxi when she saw the taxi drive into a pole before she then hit the back of the taxi.

Mrs. Bridgewater said she did not see any brake lights or indicator lights on the taxi.

She said: "Mr. Bascome told me `move your car, reverse your car back' -- and I realised someone else was in the taxi.'' "He started shouting `Oh my God, someone please help me'. I reached for my phone, got out of the car and called 911,'' she added.

When cross examined by Mr. Hector, Mrs. Bridgewater said she was travelling two car lengths behind the taxi, but could not remember how fast she was going.

Det. Con. Antoine Fox, a specialist in investigating and reconstructing road traffic accidents, said he concluded that Mr. Bascome collided with a boulder near the junction of Downing Lane and Middle Road.

"The impact caused extreme damage... and caused the taxi to rotate to the right and block the westbound lane. Based on what I saw, the person driving this taxi made no attempt to brake or slow down.

Det. Con. Fox said the tyres were bald and the tread on the left rear tyre was so worn the steel threads in the tyre were visible.

And he said, based on his experience and the damage to the taxi, the taxi was travelling in excess of 60 kilometres per hour when it hit the boulder.

But in cross-examination, Det. Con. Fox agreed with Mr. Hector that skid marks were helpful in a formula used to calculate speed.

Mr. Hector asked: "There are no skid marks here so what formula did you use?'' Det. Con. Fox said his calculation was based on his years of experience with hundreds of road traffic accidents.

And Mr. Hector questioned how the condition of the tyres would have contributed to the accident if there were no skid marks or indication of braking.

Det. Con. Fox replied: "The tyres, being in the abysmal condition they were in, if he had to take some form of definitive action, it's quite possible he could lose control of the vehicle based on the condition of the tyres.'' David Madeiros said he was the passenger in Mr. Bascome's taxi right before the Belbodas, travelling from Court Street to the hospital to see a sick friend.

Mr. Madeiros said while sitting in the taxi's passenger seat, he asked if something was wrong with the taxi or the tyres because the vehicle was "jerking all around'' -- but Mr. Bascome said nothing was wrong.

"I realised there was either something wrong with the taxi or Mr. Bascome because the car was jumping up and down -- he said there were bumps in the road,'' said Mr. Madeiros.

But Mr. Hector suggested to him that there were bumps in the road on Front Street near the Dismont Robinson store.

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