Taylor
A driver jailed one year for killing his best friend in a traffic accident may get his sentence extended after the Bermuda Court of Appeals said his punishment was "simply inadequate''.
Sir James Astwood, president of the three-man Court of Appeal, is likely to give a decision next week. But at a hearing late last week, he hinted that Puisne Judge Norma Wade-Miller's original sentence would be changed.
Selwyn Llewellyn Berkeley, 27, of Hillsdale Estate, Smith's Parish, was imprisoned in May for the smash a year earlier which killed his passenger Ashanti Keino Smith as well injuring three others.
Berkeley was driving his Subaru at 95 kph on North Shore Road, Devonshire, when he lost control of his car as he overtook a scooter.
The court heard the car was actually airborne when it crossed lanes and smashed head on with a Toyota van.
Ashanti Smith died of multiple injuries while the Toyota driver Vivian Smatt was badly hurt.
She told The Royal Gazette : "I suffered 13 broken bones and lung damage. I still have broken bones in my foot and my thigh hasn't healed properly.
"I lost my job at BGA because I could not keep up with my duties because of my illness and I haven't been able to work since.
"I notice Berkeley is walking a lot better than I do. That van was an American left-hand drive. If it had been a right-hand drive, I wouldn't be here now.'' "My son suffered a collapsed lung,'' she added. "I am glad the court is reviewing the decision.'' Berkeley had pleaded guilty to one count of causing death by dangerous driving and two counts of aggravated bodily harm.
Crown counsel Peter Eccles called for Berkeley's prison term to be doubled. He pointed out that no excuse had been given by Berkeley who was sober when the crash happened on the afternoon of May 2, 1998.
He said: "The respondent has a record for driving while disqualified, demonstrating a propensity to disregard the law.
"This offence occurred on a Saturday afternoon in a residential area on a heavily traveled road where the respondent must have anticipated the presence of other drivers.
"He was driving at over 95 kph, overtaking in a dangerous manner while approaching a rise in the road.
"He demonstrated a reckless and selfish regard to his victims.'' Berkeley had been banned from all motor vehicles for two and a half years, but yesterday's appeal hearing noted that the law stated that he should have been banned for five years.
Sir James said: "It was two o'clock on a Saturday afternoon and he was driving along the North Shore Road at a very high speed. He must be expecting to see people. It's a main drag.
"He was overtaking into oncoming traffic and he had a head on collision and killed his passenger and put children in hospital.''
