The case against a driver involved in an accident which left former tennis pro Eldridge Smith in a wheelchair will be pursued, the Acting Director of Public Prosecutions has said.

Mr. Kulandra Ratneser said that he had called for the file from Police and would be looking into the case.

But Mr. Ratneser was unsure how the case would proceed because of the six month statute of limitations on summary offences. The matter, however, might be considered indictable.

Mr. Smith?s lower right leg was amputated after the November 10, 2001, accident on South Shore Road, Devonshire. The 75-year-old has accused staff at King Edward VII Memorial Hospital of negligence.

Mr. Smith has not been able to receive compensation from the driver?s insurance company because the case has never gone to court.