PHILIPSBURG–The lawyer for the defence on Thursday called for a re-enactment in the appeal case of her client Tevin Honore, who was convicted on May 25, 2017, for causing the sudden death of schoolteacher Bas Haan who was cycling on Airport Boulevard on September 6, 2016.
The Court of First Instance sentenced Honore to one year, six months of which were suspended, on two years’ probation. His driver’s licence was also suspended for two years and he was ordered to pay NAf. 12,079 in damages to De Haan’s family.
The Prosecutor’s Office charged Honore with speeding and reckless driving and held him responsible for the 27-year-old teacher’s death.
Honore told the court during his trial that he had not been speeding or driving recklessly. Immediately after the verdict, his lawyer Sjamira Roseburg said her client would file for appeal.
During Thursday’s hearing the lawyer requested that the Court of Appeals organise a re-enactment of the fatal road accident.
She also called for investigations into the speed with which her client had been driving his Suzuki and into the tyre profiles, as well as an analysis of the damage to the vehicle to establish where the victim was hit.
The Solicitor General said he was against a re-enactment because the defendant had declined to cooperate with a previous re-enactment at the last moment while Airport Boulevard was already cordoned off.
Roseburg explained that this was caused by the fact that her client’s release from detention that same day had been delayed by four hours, after which he had declined to cooperate.
The Solicitor General said a re-enactment was not necessary, because the defendant had admitted that the tyre profiles were not in order. Skin remains found on the car’s windshield are clear indication of where the victim was hit, he said.
According to the Solicitor-General, it was also proven that the defendant had been speeding, even though the exact speed could not be established. “But the exact speed does not have to be determined,” he added.
However, the Appeals Court wants clarity, as it concerns a serious case in which the truth needs to prevail. Therefore, the tyre profiles need to be examined as well as the dangerous driving behaviour mentioned in the verdict.
As it could not immediately be ascertained whether the suspect’s car, which was confiscated by the police, is still available, or if a comparable vehicle may be used in a re-enactment, the Court of Appeals did not immediately decide on the request and scheduled a decision for April 25.
Source: The Daily Herald https://www.thedailyherald.sx/islands/75382-calls-for-re-enactment-of-fatal-cyclist-s-crash