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GBH crash driver guilty

A Paget man was put behind bars last night after he was convicted of causing a crash that seriously injured a lifelong friend through drunk driving.

John Wardman, 29, was found guilty by a majority verdict of causing grievous bodily harm to Alexander Doyle by driving while over the legal blood-alcohol limit, drunk driving and failing to provide Mr Doyle with the necessaries of life.

While defence lawyer Mark Daniels sought bail for Wardman following the judgement yesterday evening, Puisne Judge Charles-Etta Simmons refused, describing the offence as “morally reprehensible and in breach of the law”.

Prosecutors had told the court that Wardman was driving home with his brother, Christopher Wardman, and Mr Doyle in the early hours of December 27, 2010 after a night of drinking when he lost control of the vehicle, crashing first into a wall at the junction of Harbour Road and Manse Road and then into a second wall on Manse Road.

Tow truck driver Keith Richardson told the court he happened upon the scene of the collision, where he saw two Caucasian men who asked him to tow the damaged vehicle to an estate near Fourways Inn. However, when looking at the vehicle, he saw Mr Doyle bleeding profusely in the vehicle’s back seat and instead called an ambulance.

Mr Doyle was subsequently flown off the Island suffering from serious head injuries, including multiple skull fractures and bleeding in the brain.

Christopher Wardman initially told police he had been driving, but as soon as he was arrested he changed his story, saying the defendant was the one behind the wheel.

Both brothers were taken to Hamilton Police Station where demands were made for samples of breath. While Christopher refused, John provided two breath samples, the lowest of which was 212 milligrams of alcohol in 100 millilitres of blood. The legal limit for drivers is 80mg.

In her closing address, prosecutor Victoria Greening said Wardman’s actions following the crash suggested he was more concerned about avoiding trouble than getting his friend medical help.

“People arrived on the scene but there wasn’t one plea for help, to call for an ambulance,” Ms Greening said. “Did he do anything to seek medical assistance? No, he did not.

“There were two collisions. The defendant didn’t do what a reasonable person would do after the first one and stop, check everyone was okay, maybe get the car off the road. He tried to keep going in the direction of his house. Trying to escape — that was what was on his mind, not getting help for his friend.”

However Mr Daniels, representing the defendant, argued the Crown had failed to prove which of the brothers had been behind the wheel. Mr Daniels highlighted the lack of CCTV, witnesses or forensic evidence, and said there was no mechanical report of the car to assess whether a fault caused the smash.

And while prosecutors suggested that fragments of what appeared to be glass on the defendant’s sweater suggested he had been in the drivers seat, Mr Daniels said: “It’s very well possible that a passenger could have climbed out of the driver’s side through a door or window and in the process may have collected glass.”

Concerning the allegation that his client had failed to seek help for Mr Doyle, Mr Daniels said: “Neither John nor Christopher had a cellphone that night. There is no evidence of seizing of a cellphone. There was no cellphone in his possession at the police station. What evidence do you have to believe he gave no regard to his brethren?”

After several hours of deliberation the jury were unable to come to a unanimous verdict on any of the charges, but found Wardman guilty on all counts by a majority verdict on nine to three. The maximum penalty for causing grievous bodily harm by impaired driving is four years in prison, while failing to provide the necessaries of life can carries a maximum penalty of two years in prison.

Mrs Justice Simmons remanded Wardman into custody, ordering that a social inquiry report be carried out before sentencing.