In the courts

A local businessman in Nevis has been found guilty of driving without due care and attention after he “knocked down” a pedestrian in the heart of Charleston.

Morrice Tyrell was charged with driving without due care and attention on August 11. He was accused of hitting Crossing Guard Shevilin Smithen with his vehicle, a pick-up truck at the New Castle Bus Stop in Charlestown.

Tyrell defended himself Tuesday at the Magistrate Court in Charlestown before Magistrate Yasmine Clarke and explained that though he couldn’t confirm or deny that he did hit anyone with his vehicle, he did pay due care and attention after the incident by taking Smithen to the hospital , picking up her partner, paying her hospital bill and offering to take her where she needed to go after she was finished with the hospital.

The Police Prosecution headed by Joel Caines presented three witnesses, one of whom was the complainant Shevilin Smithen. She testified that on the morning of August 9 she was in Charlestown in the vicinity of the old treasury building. She said that Tyrell was coming down the road and they greeted each other.

She said that while at the bus stop, Tyrell’s pick-up struck her in the back and she fell to the ground. She said that a person was able to grab her and pull her out of the way of the reversing vehicle.

“After I got up off of the ground I went to the driver’s side and told him that he hit me and he needs to take me to the hospital,” she said.

The second witness for the prosecution testified that on the day she saw Smithen in the vicinity of the bus stop when she noted that Tyrell’s vehicle was backing up and struck Smithen. She said that she yelled out so the driver can hear and stop before rolling over Smithen with his vehicle. She said she made an attempt to help Smithen but she was standing before she got to her .

The last witness for the prosecution was Sergeant Marva Chiverton . She testified that after receiving the report of an accident she proceeded to the Alexandra Hospital to speak with the victim. She said subsequent to speaking with the victim she approached Tyrell and notified him that charges will be brought against him.

Tyrell in his defense brought forward one witness. His witness testified that he was in the vehicle when the incident happened. He said that while in the vehicle he did not see nor hear anything as the windows were rolled up and the air conditioner was on .

Tyrell while giving his evidence said that he too did not see or hear anything. He said that he was backing up to allow another vehicle pass. He said he did this so that I would not cause a traffic jam in the area. He said that he could not confirm or deny that he did hit anyone because while reversing he did not feel the impact.

After hearing both sides of testimony the Magistrate Clarke found Tyrell guilty of the charge. Clarke said though he did what he did after the incident “if you knock down somebody that is driving without due care and attention”

Tyrell was fined him $500 to be paid in one month or face one month in Her Majesty’s Prison .