A man who took responsibility for a Christmas Day crash that claimed the life of a 26-year-old motorcyclist was jailed for two years yesterday.

Treadwell Smith, 39, pleaded guilty last month to causing the death of Dennis Saunders by driving without due care and attention.

Reading to the Supreme Court, which was filled with Mr Saunders’s friends and family, Puisne Judge Juan Wolffe said this tragedy was the result of Bermuda’s dangerous driving culture.

He then called on legislators to increase the penalty for causing death through dangerous and careless driving.

Mr Justice Wolffe said: “It is ironic that, despite the carnage that we see on our roads, there have been no changes to driving behaviour.

“Hopefully this sentence will serve as a warning for dangerous drivers and inspire legislators to one day increase the maximum penalty for offences such as these.”

The court heard that police were called to a collision on Palmetto Road, Pembroke, near its junction with Bishop Spencer Road at about 5.30pm on Christmas Day 2021.

Daniel Kitson-Walters, for the Crown, said two vehicles — a car driven by Smith and a motorcycle driven by Mr Saunders — had “extensive front-end damage”.

A witness told police that she was leaving her brother’s residence at Railway Terrace, Palmetto Road, when she had to suddenly stop her car because the defendant was driving too fast when he passed in front of her.

She added that she later saw him overtake the car in front of him before hearing “a loud bang” and seeing “a body flying in the air” that landed on a sidewalk on the opposite side of the road.

Officers recorded Smith’s details and he left the scene as other first responders gave first aid to Mr Saunders. Mr Saunders was eventually declared dead later that day.

Police later located Smith at a Devonshire residence and warned him that he may have been responsible for a collision involving serious injury before arresting him.

Smith replied: “What do you mean I’m under arrest?”

He later offered samples of breath and blood for analysis. Police also discovered that the car was uninsured.

A traffic collision expert concluded that the high-speed collision happened in the westbound lane as Smith overtook a car and Mr Saunders was riding east.

The following year, a Government analyst said that tests on Smith’s blood detected alcohol, benzoylecgonine — a metabolite of cocaine — and THC.

The analyst said it was unlikely that Smith was impaired by cocaine or THC at the time of the crash as there were only trace amounts found.

She added that Mr Saunders’ blood also tested positive for THC and that he had very recently ingested the drug prior to the collision.

Mr Kitson-Walters later said the analyst could not determine if Smith was impaired by alcohol because when police arrested him, he had a partially consumed alcoholic drink in his hand.

He also pointed out that Smith had previous convictions of a like nature and called for him to be jailed for two years with time in custody taken into consideration.

Smith apologised to Mr Saunders’ family for causing his death.

He said with a trembling voice: “I have made a lot of bad decisions in my life, but this has to be one of the worst.

“I wasn’t under the influence or anything, I just had bad judgment.”

Smith added: “It was a bad judgment call and it’s something I’m going to have to live with for the rest of my life.

“I have children myself and I can’t imagine how this made you feel.

“I just hope that one day, somewhere down the line, you can forgive me.”

Mr Justice Wolffe told Smith that he made a “stupid decision” that day — one that cost a family and friend a loved one.

He added: “A day that was supposed to be a day of family and joy no doubt is now one of loss and sorrow.

“Whatever sentence I pass will not give you [the family] comfort, but hopefully it will give you some closure.”

Mr Justice Wolffe banned Smith from the roads for five years in addition to his imprisonment.

Mr Saunders was earlier recognised as a popular Mid Ocean Club worker, as well as a hard-working and ambitious young father.

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