The victim of a fatal road accident suffered from epilepsy, had no alcohol in his system at the time of his death and may have been on the grass verge when the impact occurred, a Supreme Court jury heard yesterday.

This was revealed during the second day of the trial of a 37-year-old Appleby Spurling and Kempe lawyer Allan (Shaun) Morris, who is charged with causing the death of another man through dangerous driving.

Morris, of Vermont Valley View, Smith's, has pleaded not guilty to causing Marvin Bean's death.

The incident allegedly occurred around 2.20 a.m. on May 28, 1995 on Palmetto Road in Devonshire.

The jury heard that Mr. Bean, the father of a 13-year-old daughter, was taking medication at the time of the incident to control his epilepsy.

The victim's mother, Wilfreda Lightbourne, told Police that her son usually took his medication and "rarely'' drank alcohol because of his condition.

Former King Edward VII Memorial Hospital's chief pathologist John Winwick said an autopsy revealed that Mr. Bean's death was due to lacerations and haemorrhaging to the brain resulting from trauma.

He said he found multiple lacerations to the victim's face, liver and brain as well as a fractured right arm and leg.

And he said the injuries were constant with someone being struck from the rear on the right side.

But Mr. Winwick could not say if Mr. Bean was walking or standing still at the time of the accident.

"The dent in the windshield and framework above the screen is consistent with his head hitting that part of the car,'' he said. "It would have been a severe blow.'' Mr. Winwick also revealed that Mr. Bean had used cannabis some time within the week he died, but could not provide the court with an exact date.

And he added that no alcohol was found in Mr. Bean's system.

Senior traffic investigating officer Ch. Insp. Roger Kendall testified that he prepared a report on the fatal accident.

He said the weather and road conditions were good the night of the incident and the street lights were in working order.

After making inquiries, Ch. Insp. Kendall said the physical evidence indicated the impact occurred on the grass verge some ten yards from the resting place of Mr. Bean's body, a difference of some 28 yards from where Morris is said to have told Police the impact occurred.

"Morris indicated that he was in the middle of his half of the road ... and he swerved left two avoid hitting Mr. Bean who appeared to be walking from his left to his right,'' he said. "If this took place I would have expected the damage to occur on the driver's side not the passenger side.'' And Ch. Insp. Kendall suggested Mr. Bean was struck on the right leg, while the car was breaking and steering to the right, causing his body to fall back to the right.

He added that Mr. Bean's head struck the top front corner of the windshield and frame.

"Nothing else seems to fit,'' he said.

Under cross-examination by Morris's lawyer, Delroy Duncan, Ch. Insp. Kendall said it took two subsequent visits to the scene to find some of the debris used to formulate his report.

And he admitted the area was not cordoned-off from the public during this time span.

Ch. Insp. Kendall also admitted he did not speak with Morris's wife, Cynthia Thomas, who was closest to the impact site.

The case continues today before Puisne Judge Vincent Meerabux.

Solicitor General Barrie Meade and Charlene Scott are representing the Crown.