Ministers Edness, Furbert criticise DeCouto sentence
Two Government ministers yesterday added their voices to criticism over claims of soft sentencing for the son of a lawyer MP convicted of driving under the influence.
Sailing instructor Jessie DeCouto was banned only from auxiliary cycles for impaired driving after pleading he needed to be able to drive to run errands in the course of his job.
Yesterday Home Affairs Minister Quinton Edness blasted: "It's absolutely ridiculous.
"If somebody is found driving with a large amount of alcohol in their systems, I don't care about jobs.
"They know about their jobs before they go out on the road in that condition and maybe kill someone.'' He called for anyone convicted of drink driving to be automatically banned from all vehicles, ordered to attend alcohol counselling and forced to re-sit a test before being allowed back on the road again.
And Transport Minister Wayne Furbert said he hoped to bring stricter penalties for drinking and driving before the House of Assembly in the next year -- including provision for roadside breath-testing.
DeCouto, 18, son of UBP MP Ann Cartwright DeCouto, admitted driving a cycle with 138 milligrams of alcohol in 100 millilitres of blood. The legal limit is 80.
He further admitted driving an unlicensed and uninsured cycle and not wearing a helmet.
He was banned from driving auxiliary cycles for 18 months and fined a total of $430.
But Magistrate Will Francis allowed DeCouto to keep on driving cars and motorcycles -- sparking fury among road safety campaigners and the public.
Mr. Edness said: "Magistrates have to act as a deterrent and let people know that if they are going to drink and drive they will have to walk to work and if they have to drive at work they won't be able to.
"The courts have got to be a part of solving the crime problem in this Country.
"Where is the Magistrate when somebody is killed or maimed because somebody is back on the road?'' he asked.
Mr. Edness added: "I am all for tempering justice with mercy, like everybody else, but letting these people back on the road makes a nonsense of the whole criminal justice system.'' Sentence criticised From Page 1 Transport Minister Wayne Furbert said the judiciary had to be independent of Government and allowed to apply the law without interference.
But he added: "We have to send a clear message that drinking and driving is not acceptable.
"We can't test on the spot at the moment and we are hoping to bring that law forward in the next session.'' The loophole which allowed DeCouto to keep driving was opened in April this year after an appeal by a light truck driver banned from all vehicles for 12 months.
After examining the law, Chief Justice Austin Ward said a 1993 amendment to Traffic Offences Act 1976 was clear.
He explained: "It gives the Magistrate a discretion as to the class or classes of motor vehicles to which the disqualification will apply.
"I must therefore conclude regretfully that disqualifications in cases of impaired driving need not extend to all vehicles but only to such class or classes of vehicles as the Magistrate... .shall specify.'' But Mr. Justice Ward added: "It surely seems strange that a person who is convicted for driving a motorcycle whilst impaired in circumstances where he is likely to harm himself only should be able to pray in aid the exercise of a discretion whereby he could drive a heavy vehicle such as a truck whereby he would be able to cause irreparable damage to any number of persons.
"But the law permits the Magistrates a discretion and they must be allowed to exercise it.''