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Driver guilty of causing passenger’s death

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Emotional embrace: Bryan Daniel embraces Kathy Woodley, the mother of victim Nikko Robinson-Woodley, outside the Supreme Court (Photograph by Akil Simmons)

A motorist whose passenger died after the car hit a tree has been found guilty of causing death by dangerous driving.

Bryan Daniel, 25, of Warwick, had denied causing the death of Nikko Robinson-Woodley by dangerous driving, along with an alternate charge of causing death by careless driving.

After more than three hours of deliberation, a Supreme Court jury returned their verdict just after 6.30pm last night. A majority of ten found him guilty.

The verdict elicited an emotional response from the public in the gallery. Daniel, who is free on bail until December 1 arraignments, embraced the victim’s mother outside the court.

During the trial, the court heard that Mr Robinson-Woodley was in the passenger seat of Daniel’s car in the early hours of January 4, 2014.

As Daniel was driving west along Harrington Sound Road, the vehicle left the street and collided with a casuarina tree near the junction with Paynters Road.

The court heard that Mr Robinson-Woodley suffered extensive injuries to his head and face in the crash, but was able to free himself from the vehicle.

He was taken by ambulance to King Edward VII Memorial Hospital but had a seizure before reaching the hospital. He was given CPR but died shortly after 2am.

A post mortem found he died as a result of asphyxiation linked to his severe head injuries, which the court heard were consistent with blunt force trauma.

Daniel also suffered severe injuries in the crash, including multiple broken bones. He was trapped in the vehicle when emergency personnel arrived and had to be cut free.

The court heard that after the crash he agreed to provide a sample of blood for analysis, but one could not be taken because he had been given a blood transfusion and morphine.

He remained in hospital for more than three months.

Daniel was wearing a seatbelt before the collision but the court heard expert evidence that suggested Mr Robinson-Woodley was not.

Prosecutors alleged speed was a contributing factor in the fatal crash, arguing that the damage to the car indicated that it was travelling very quickly.

They also pointed to police experts, who testified that the lack of marks on the road suggested the vehicle was in the air before the crash took place.

They also noted that Daniel, a mechanic by trade, had made several modifications to the vehicle, including installing a new engine, increasing its power and top speed.

While Daniel himself told the court he had no recollection of the crash, defence lawyer Saul Froomkin suggested that a blown back tyre could have sparked the fatal collision.

He also challenged how the officers determined the critical curve — the maximum speed at which a vehicle can safely negotiate a turn without losing control — which they used to estimate that Daniel was driving at speeds greater than 96.5 kilometres per hour.

During their deliberations, the jury asked Acting Justice Charlene Scott several questions, including details of the Island’s seatbelt laws, if they could consider death by misadventure, and the definitions of “dangerous” and “careless” driving.

According to Mr Froomkin, Daniel recently had a kidney transplant, and has to take large amounts of medication daily.

Mrs Justice Scott allowed him to remain free on bail until sentencing, with the condition that he report to Hamilton Police Station twice a week.

• It is The Royal Gazette’s policy not to allow comments on stories regarding criminal court cases. As we are legally liable for any slanderous or defamatory comments made on our website, this move is for our protection as well as that of our readers.

Poignant moment: Bryan Daniel with Kathy Woodley, the mother of victim Nikko Robinson-Woodley, outside the court (Photograph by Akil Simmons)