A bus driver who ploughed into a line of parked cars has been found guilty of having cannabis in her system while behind the wheel.

But Belterre Swan was cleared of careless driving in connection with the accident that took place outside Great Things on East Broadway in Hamilton at about 11.30am on March 11 last year.

Magistrate Archibald Warner ruled that the 55-year-old’s driving had not fallen below the standards expected of a reasonably careful driver on the day of the accident. He also pointed towards the fact that the rear of the car she collided with was “jutting” out into the narrow carriageway.

But Mr Warner said the mere presence of cannabis later detected in her body meant she was guilty of driving the bus while a dangerous drug was in her system, regardless of how the cannabis entered her system or whether she knew it had.

Swan was released on bail pending her sentence next week. However, her lawyer, Larry Mussenden, indicated that he would appeal against the conviction.

“I have every confidence we shall be successful in the Supreme Court,” Mr Mussenden said.

During the trial, which had previously taken place before Mr Warner in Magistrates’ Court, Swan insisted: “I don’t smoke marijuana”.

But she did acknowledge she had been at her brother’s home a few days before the accident where cannabis was being smoked in her presence. She also admitted to taking three “pulls” from a homemade cigarette.

In his judgment, Mr Warner ruled that the offence of driving with dangerous drugs in your body was a “strict liability” offence, and made out regardless of intention or knowledge.

“Clearly the prevention of people driving vehicles with dangerous drugs in their system is a public concern,” he added.

Swan had been driving the number 8 bus along East Broadway when the vehicle struck a row of parked cars and a utility pole outside Great Things.

After the crash, she told investigators that her steering wheel had locked. However, lab tests later discovered THC metabolites — chemicals formed when the body processes the active ingredient in cannabis — in her blood.

Mr Mussenden had submitted that there was no case for Swan to answer, arguing that the prosecution had presented no evidence that his client knew she had consumed cannabis.

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