A former senator found guilty of causing the death of a popular footballer has tried to be released from custody pending his sentence.

Curtis Richardson, 52, was remanded into custody this month after a jury found him guilty of causing the death of Marco Warren by careless driving.

However, the Supreme Court heard yesterday that an appeal against his conviction had since been filed.

Victoria Greening, who represents Richardson, argued that while the offence was undoubtedly serious, Richardson was not a flight risk and was concerned for his safety in prison.

Ms Greening added that Richardson was willing to abide by any conditions that the court believed to be fitting, including house arrest or wearing an electronic monitoring device.

She said: “The need to protect the public could be preserved in other ways than having someone remanded in custody.”

Ms Greening highlighted some of the grounds of the appeal, including that Richardson said in an affidavit he had seen several jurors appear to fall asleep during her closing speech and the judge’s summation.

Puisne Judge Alan Richards responded that he had not seen anyone sleeping during either and no suggestion of such had been made by anyone before the appeal had been filed.

He said: “I did not see anybody asleep during either your speech or during the summing-up. If I had done so, I would have taken action.”

Adley Duncan, for the Crown, said that while Richardson was allowed bail before his conviction, his status had changed upon his conviction and there was a high likelihood that he would be sentenced to a period of imprisonment before the end of the year.

Mr Duncan noted that the maximum sentence for causing death by careless driving is eight years in custody and argued that his forthcoming sentence made him a greater flight risk.

Mr Justice Richards reserved his decision until a later date.

Mr Warren, a 29-year-old father and three-times most valuable player in the domestic football league, died as a result of injuries suffered in an incident in the early hours of May 14, 2023.

During Richardson’s trial, the court heard that Mr Warren had been seen walking home from Bailey’s Bay Cricket Club in Hamilton Parish early that morning.

Prosecutors alleged that Mr Warren was in the eastbound lane of North Shore Road, near the junction with Trinity Church Road, when he was struck by a taxi driven by Richardson.

During the trial, one witness testified that he rode behind Richardson and observed what he thought was a “trash bag” on the side of the road.

He then saw Richardson by Bay Corner and asked if he saw the object, which he later learnt was Mr Warren.

Another witness told the court Richardson flagged her down a short time later and asked for her assistance.

The nurse said Mr Warren had “very laboured breathing”, while Richardson seemed “quite standoffish” and denied knowing what had happened.

Police and an ambulance arrived to take Mr Warren to King Edward VII Memorial Hospital, where he was pronounced dead. A post-mortem examination found he had suffered “significant” internal injuries.

Richardson gave a voluntary police statement, where he told officers he thought he saw a trash can that night and swerved to avoid contact.

While he denied causing the death of Mr Warren, a jury found Richardson guilty after two hours of deliberation.

Mr Justice Richards subsequently remanded Richardson into custody and ordered a social inquiry report, with the case to call again at a later date.

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