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Jury to make site visit in reckless driving trial

ERROR RG P4 11.8.1997 A story on the Glenn Robinson Supreme Court trial in Thursday's paper incorrectly stated that Sheena Raynor testified that she saw the late Labour and Home Affairs Permanent Secretary Ernest Owen drinking a glass of white wine. It should have read that Theresa Howard witnessed Mr. Owen drinking the wine.

A jury today will visit the scene where former Permanent Secretary Ernest Owen met his death.

Yesterday jurors heard the prosecution outline moments leading up to the fatal road crash.

Principal Crown Counsel Khamisi Tokunbo said Mr. Owen was riding a bike when he was struck by a van driven by Glen Robinson.

He claimed Robinson was on the wrong side of the road -- and his breath smelled strongly of alcohol.

And he told the Supreme Court the 45-year-old later admitted he had been drinking.

Robinson, of Kitty's Lane, Bailey's Bay, has pleaded not guilty to causing Mr.

Owen's death by reckless driving, causing his death by dangerous driving, driving while impaired by alcohol and failing to give a breath sample. Mr.

Owen, former Labour and Home Affairs Permanent Secretary, died at the site of the accident on Harbour Road during the early hours of March 25, 1995.

During his opening remarks, Mr. Tokunbo told the jury that he did not expect them to convict Robinson on both reckless driving and dangerous driving, but they were to decide between the two charges.

Mr. Tokunbo said Mr. Owen left the Pomander Road Bridge Club after a night of playing bridge sometime after midnight on March 25, 1995. He stated Mr. Owen was travelling along Harbour Road on a Peugeot cycle when Robinson's van came around the corner on the wrong side of the road, striking and killing him.

Mr. Tokunbo said Robinson's speech was slurred, his eyes were glazed and his breath smelled of alcohol at the scene of the accident.

He said Robinson admitted at the scene of the accident, and later at King Edward VII Memorial Hospital, that he had been drinking.

Mr. Tokunbo added that although Robinson initially agreed to a breathalyser test, he later refused to give a breath sample.

And he said Mr. Owen's death was due to "multiple thorax and abdominal injuries''.

The Crown's first witness, Det. Con. Eric Woods, said he was responsible for taking photographs at the accident scene. Det. Con. Woods familiarised the jury with a 14-photo album that contained pictures of the accident scene and the injuries sustained by Mr. Owen.

Under cross-examination, defence attorney Julian Hall suggested the curves in the road and the blind corners shown in the photos indicated that the road was "an accident waiting to happen''.

And Det. Con. Woods admitted under cross-examination that two of the photos showed skid marks from the van beginning and ending on the correct side of the road. The Crown called upon the testimony of three witnesses who saw Mr. Owen at the bridge club shortly before his death.

Two of the witnesses said although Mr. Owen sometimes participated in recreational drinking, he was so serious about the game of bridge that he never drank until after he finished playing for the evening.

And his bridge partner for the evening, William F.E. Tucker, said the game did not finish until 12.10 a.m.

On the night of the accident, two witnesses said they did not see Mr. Owen drink anything after the game while a third, Sheena Raynor, said she saw him drink a glass of white wine.

The sole eye-witness to the accident, Ernest Thomas, said he was riding along Harbour Road on a cycle when he was overtaken by another cycle near Bamboo Gate.

Mr. Thomas said he saw the van as it rounded the corner and it "seemed to be on the wrong side of the road''.

He said the cycle in front of him braked but the van and the cycle failed to avoid each other.

After the crash, Mr. Thomas said he saw the bike flip over and Mr. Owen's helmet came off.

Mr. Thomas said he tried to administer first-aid to Mr. Owen and also called 911 from a nearby home.

Under cross-examination, Mr. Thomas said he did not know how fast he was traveling when the scooter overtook him, but Mr. Hall reminded him that he had earlier stated his speed "at times'' had crept up to 40 kilometres per hour.

Mr. Hall asked Mr. Thomas: "If the other cycle overtook you, he had to be going faster than you, right?'' Mr. Thomas, who maintained he had been travelling very slowly due to his inexperience on the cycle, responded: "A turtle would have to go faster to pass a snail.'' Mr. Hall asked Mr. Thomas to give estimations about the location of the van at impact, the speed of his cycle and the amount of time between Mr. Owen's overtaking and the crash. Mr. Thomas repeatedly responded: "I couldn't say''.

COURT APPEARANCE -- Glenn Robinson yesterday