Log In

Reset Password
BERMUDA | RSS PODCAST

Crash victim ‘let down’ by justice system

Guilty plea: Tian Xu, 23, admitted causing grievous bodily harm by driving without due care and attention (Photograph by Blaire Simmons)

A careless motorcyclist who caused an accident that resulted in a man having his leg amputated has walked free from court.

Tian Xu crashed into Anthony Joinville, who was travelling on his motorbike in the opposite direction, as he tried to overtake a car on Middle Road in Southampton on December 4 last year.

Yesterday at Supreme Court Xu was spared an immediate prison sentence, and was instead given a six-month prison term suspended for two years.

The 23-year-old Chinese national, who grew up in Canada and moved to Bermuda in 2014 to work in the financial sector, was also banned from driving for three years.

Outside court, Mr Joinville told The Royal Gazette he felt “let down” by the justice system.

“This has been a really stressful time for me and my family, especially because right up until today he had always denied the charge,” Mr Joinville said.

“If it was not for the support and strength of my family I would have lost it.

“It has been a really tough time learning to deal with my injuries. I used to work at The Reefs in the housekeeping department and I enjoyed my job, but because of my injuries I can’t do that any more. I just don’t agree with the process and the results.”

The court heard that Mr Joinville remained in hospital for about six weeks after the accident and had his right leg amputated below the knee. Xu also sustained a serious injury to his right arm as a result of the collision.

Addressing the court, Xu said: “I certainly had no intention of causing harm to anyone. I do feel remorse for this accident and I would like to apologise to Mr Joinville.”

His lawyer, Larry Mussenden, pointed out that there was no trace of alcohol in his client’s system after the crash, whereas there was alcohol in Mr Joinville’s system.

Mr Mussenden told the court that Xu was continuing to receive treatment for his injuries and could not live independently.

Passing down sentence, Puisne Judge Juan Wolffe said: “It is all too prevalent on the roads these days that drivers, especially riders of motorbikes, show the upmost disregard for other road users.

“This has created a culture of carelessness and reckless driving. Although the injuries in this case are serious, the driving of the defendant was not as serious. There was no evidence of speed or intoxicants.”

Xu admitted causing grievous bodily harm by driving without due care and attention yesterday morning, on the day he was due to stand trial.

• It is The Royal Gazette’s policy not to allow comments on stories regarding criminal court cases. As we are legally liable for any slanderous or defamatory comments made on our website, this move is for our protection as well as that of our readers.