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Truck driver pleads his case

Olantunji Gardiner, a 27-year-old truck driver for AF Smith Trading, was disqualified from driving this week in Magistrates' Court, after a one-hour proceeding.

disqualified from driving.

Olantunji Gardiner, a 27-year-old truck driver for AF Smith Trading, was disqualified from driving this week in Magistrates' Court, after a one-hour proceeding.

Records say Gardiner was disqualified from driving all vehicles in April but Gardiner insisted Senior Magistrate Archie Warner allowed him to keep his small truck licence.

Acting Senior Magistrate Edward King said the records indicated otherwise: "It says here, you were taken off for all vehicles.'' Gardiner produced a valid driver's licence for light trucks and demanded to know why TCD would allow him to renew his licence in May if he was disqualified from all vehicles in April.

Mr. King said: "What TCD does over there is their own business.'' The father of two brought his sister and employer with him to court. His sister said she was in court in April when Mr. Warner let Gardiner keep his light truck licence.

And Gardiner's employer vouched for the young man's character after court, conceding that if he stood up to speak out, evidence would just speak against everyone.

"I watch this man take his kids every evening so their mother can get her GED. I told him (Gardiner), that's how I got my GED and he told the mother that's how to do it.

"Every evening this man watches his kids -- and weekends. This man has impeccable character.'' Gardiner, of Woodlands Road, Pembroke, pleaded guilty to speeding at 81 kph on August 16 and said he was trying to catch up with someone whose ladder had fallen off the top of their truck.

"The ladder fell to the side. It was scraping on the road, nearly hitting people. I had to jam on brakes,'' he said.

He said his partner in the company truck got out of vehicle, put the ladder in the back and they sped up to catch the truck which dropped the ladder.

Police pulled them over shortly afterward and discovered the record indicating Gardiner was disqualified from driving all vehicles until April, 2001.

But Gardiner insisted that Mr. Warner said he could continue to drive his truck to support his kids.

"I don't understand how I could be off the road for everything and still get a licence,'' he said. "How is it that I could get a valid driver's licence then? I don't think I should be charged with driving while disqualified and I have a valid licence in my hand.'' Mr. King told Gardiner: "There are lots of things magistrates would like to do but...'' "The record indicates on the April 13, you were disqualified from all vehicles for 12 months.

"If the court disqualifies someone and TCD wants to give them a licence in the face of a court order -- that's TCD's business.'' Mr. King fined Gardiner $750 for driving while disqualified and $900 for speeding.

Asked if he would need time to pay, Gardiner said: "As of today -- I'm fired.'' Gardiner has until February 28, 2001 to pay the fines or he will serve 280 days in prison for both charges. He was disqualified from driving all vehicles until April 12, 2002.