driving without due care and attention after concluding that the magistrate convicted the driver "contrary to the weight of evidence'' before him.

The court heard that on July 26, 1990, shortly after midnight, Calvin Keith Simons drove his motor vehicle into a wall on his side of the road. No other vehicle was involved and no one was injured.

Sir James said Simons' had explained that the accident occurred through an error of judgment. It was the only explanation heard by the court.

Magistrate the Wor. John Judge, who rejected Simons' explanation at his trial on May 26 this year, said: "I find that there is no credible explanation for this accident other than that the defendant (Simons) must have had a temporary lapse of attention.'' However, the Chief Justice concluded that the conviction was "contrary to the weight of the evidence since, in my view, the prosecution had not established the defendant's guilt beyond any reasonable doubt.

"Mr. Simons gave an explanation for the accident which would appear to me to be "credible'' and any doubt about the matter should have been resolved in his favour.''