The Tribune

By PAVEL BAILEY

Tribune Staff Reporter

pbailey@tribunemedia.net

THE Court of Appeal upheld a man’s $10k fine for causing his uncle’s death in a reckless driving incident in 2020.

On March 22, 2020, McFalloughn Bowleg was driving a Kia Rio at the intersection of Shirley and Mackey Street when he ran a red light. A Honda Fit subsequently car struck the Rio on the left side.

Elwood Lundy, Bowleg’s uncle, died from injuries in the hospital a week later, the cause being: “polytrauma, struck by a car unknown, myocardial infarction.”

Following a trial before Magistrate Samuel McKinney, Bowleg was convicted on May 27, 2022, for the offence and fined.

In his application before the appellate court, Bowleg claimed the magistrate’s decision was not supported by evidence, was unsafe and that the magistrate wrongly rejected his evidence.

Justice Isaacs, however, found that the magistrate’s judgement was sound and upheld the conviction. He dismissed Bowleg’s argument that there was “no evidence” his driving caused his uncle’s death. He said the testimony from the driver of the Honda Fit, Sylvester Moss, proved Bowleg ran a red light.

“The appellant’s written submissions state that the prosecution had the burden of proving that the deceased died as a result of the appellant’s reckless driving ‘and there was no evidence to assist the court in that regard,’” Justice Isaacs wrote. “The short answer to this argument is that evidence was adduced through Mr Moss and Ms Dorsette that the appellant proceeded through a red traffic light at the intersection of Shirley and Mackey Streets when they were travelling west past that same traffic light which glowed green on their side,”

“The appellant also submitted that the magistrate wrongly rejected evidence that Mr Moss was speeding at the time of the accident. Again, this argument may be given short shrift. The speed at which Mr Moss’ vehicle was travelling does not derogate from the magistrate’s finding that the appellant caused the accident by running the red light; and that Mr Lundy died subsequently from injuries he received from the accident. There is no merit in this ground.”

“The appellant’s appeal is dismissed. As a consequence, the decision of the magistrate is affirmed and the conviction of the appellant is upheld. The appellant did not appeal the penalty imposed by the magistrate; hence, the fine and default sentence are affirmed.”