Police offer lawyer Hall accident file
mount a civil case or a private prosecution against the driver.
Those are two of the options open to Mr. Keith Williams, his lawyer Mr. Julian Hall MP said yesterday.
Meanwhile, Police Commissioner Mr. Clive Donald said he was prepared to release the investigation file to Mr. Hall to show that there was no evidence to support a charge.
This week it was disclosed Det. Con. Alex Severin, from the narcotics section, would not be charged over the incident in Crawl Hill, Hamilton Parish, in February.
Police decided not to press charges following advice from the Attorney General's chambers that there was not sufficient evidence.
Yesterday Mr. Hall said the Attorney General Mr. Walter Maddocks had promised to send him witness statements given to the Police.
He said he would be studying them closely, before deciding how to respond.
"The Attorney General did confirm to me that a witness, not to the incident but to other matters, said that some hours prior to the incident that Det.
Con. Severin said he was going to `get' the young man,'' he said.
"He also confirmed Mr. Williams, the victim, said the car was travelling at high speed.'' Mr. Hall expressed surprise no prima facie case had been found for pressing charges. "It is possible it was an accident, but the law does not envision a pure accident.
"Even if it was a pure accident, the evidence could be laid before a magistrate who could make the decision with great ease. We are saying why should such a decision be made behind closed doors.'' "But it strains credibility that a prima facie case was lacking.'' He said Mr. Williams could initiate civil proceedings; apply for preferment of a voluntary bill of indictment for a private prosecution; or lay criminal information before Magistrates' Court for a lesser offence.
The Royal Gazette has learned that Police interviewed two independent witnesses who said Det. Con. Severin was travelling at a normal speed.
And it is also understood that the comment allegedly made that he would get Mr. Williams has been denied by Det. Con. Severin and the other officer present.
Sources said the comment was allegedly made after an unsuccessful search for drugs by Det. Con. Severin and the other officer.
Earlier yesterday, Shadow Minister of Delegated Affairs Mr. Stanley Morton urged Mr. Maddocks to reviews his decision not to prosecute.
"It is our firm belief that the evidence and circumstances surrounding this case should have been tested, and decided in a court of law,'' he said.
"The party and community (based on a media poll) find it hard to believe that the Attorney General's office would have ruled in the same way if the roles had been reversed and the young man had injured the officer after he had also allegedly threatened him a few hours earlier.'' Mr. Maddocks said he could not comment on the specifics of the case, but said his chambers used three tests to decide whether to prosecute any case.
The first was whether there was a prima facie case against an individual, meaning was there sufficient evidence to secure a conviction. The second was whether there was a reasonable chance of a conviction based on the likely defence.
The third test was whether a prosecution would be in the public interest, based on the seriousness of the offence, when it was committed and the interests of the accused.
Mr. Maddocks said the investigation into the accident showed there was no prima facie case.
He said this was the conclusion of Senior Crown Counsel Mr. Barrie Meade, Mr.
Donald and himself.
"Looking at the totality of the evidence, I had to say that we would never have been able to convince a magistrate or a jury that there had been a criminal offence committed in this case,'' he said.
Mr. Donald said he was prepared to release the evidence so Mr. Hall "can see for himself that the inquiry has been done fairly and objectively and that there is no reason for the alarm that this decision has generated.'' He also confirmed that there were two witnesses who corroborated Det. Con.
Severin's statements about the speed at which he was travelling. Editorial -- see Page 4.
