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Bus driver takes to witness box in pedestrian collision trial

A bus driver accused of causing grievous bodily harm by driving without care and attention told Magistrates’ Court how he heard a “bump” and a “scream” before noticing a woman lying on the road.

Joann Troccoli, a tourist who had arrived in Bermuda on a cruise ship on the morning of October 30, 2024, was on her way back to Hamilton after a visit to the Hamilton Princess & Beach Club when she was struck by a bus shortly after 10.30am at the junction of Front Street and Bermudiana Road.

She appeared via video link from New York last week to give evidence and said that she “never saw” the oncoming vehicle.

Luvaughn Harris, the bus driver, from Southampton, has denied the charge.

The court heard how Mr Harris had been a qualified operator for 14 months when the collision took place. He was operating a No 7 service from Barnes Corner to Hamilton on that morning.

He said: “There was a bit of traffic as I approached Albuoy’s Point. I stopped at the Par-la-Ville lights; I had to wait because the light was red.

“After maybe a minute the light went green. I approached the stop light at Bermudiana Road. I had to wait, there was traffic coming from the opposite direction.

“I saw an opening in the traffic: Normally when there’s an opening I check my mirror and I check for pedestrians, and then I proceeded to turn.”

Bruce Swan, Mr Harris’s lawyer, asked the defendant if he noticed anyone waiting at the pedestrian crossing or already on the roadway. Ho answered: “No.”

Mr Harris added: “I started to make the turn. I heard a bump and a scream, I wasn’t sure if it was a passenger. I applied the brakes, and then I checked my mirror to see if or what had happened and I saw a lady lying on the road.”

Mr Harris said he went to check her, but she was already receiving attention.

He phoned the Department of Public Transportation to inform them he had been involved in an accident and was told to try and get witnesses.

“I was very stressed and concerned,” Mr Harris added.

Philip Lewis, a consultant accident investigations and reconstruction expert, was then called to give evidence.

Mr Lewis said: “This was an unfortunate incident that resulted in serious injury.”

He added: “Ms Troccoli took it upon herself to cross when there was a lot of traffic and did not have the right to do so at that point.”

Summarising, Mr Lewis said the victim was caught in the bus’s blind spot and was unable to complete the crossing before the vehicle turned because she was elderly.

Pc Suraj Nair had appeared earlier as the final witness for the prosecution.

The officer was on mobile patrol when the incident happened.

Mr Nair arrived on the scene to find Ms Troccoli’s body underneath the offside of the bus and said she was “lying in a pool of blood”.

The officer spoke to Mr Harris, who told him that his intention was to turn on to Bermudiana Road when he collided with Ms Troccoli, who was crossing.

Senior magistrate Maxanne Anderson adjourned the case to October 2 and extended Mr Harris’s bail until that time.

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