Judge rejects fine recommendation for driver in death of Clan Carthy schoolboy

The sentencing hearing for the driver of the garbage truck that crushed and killed a seven-year-old Clan Carthy Primary School student on the school compound in October 2019 was this afternoon aborted after the judge rejected the recommendation for a fine.

Alten Brooks, 55, who pleaded guilty to manslaughter last November under a plea deal, was also taken into custody.

When the matter came up this afternoon, Justice Leighton Pusey notified the court that he could not agree with the sentence recommendation even if the facts on the prosecution's case are correct.

Additionally, he said there was an aspect in the social enquiry report which he had a difficulty with and that, based on those two factors, the defence would need to either withdraw from the agreement or make a submission before sentencing.

Brooks' lawyer, Davion Vassell, however, asked the judge to give him an indication as to where he was headed so as to better determine the way forward for his client.

The judge, in response, said he was of the view that Brooks should be given a custodial sentence but that he would not reveal the time limit in open court.

At the same time, he told Vassell that they could discuss the matter in his chamber, which the lawyer accepted.

Following the discussions, Vassell informed the court that he needed to take further instructions from his client and asked for an adjournment until Friday.

Primary school student Benjamin Bair was killed in the freak incident while waiting on the compound to be picked up.

The incident, which rocked the school community, occurred on October 28, 2019.

In details of the incident previously outlined by Director of Public Prosecutions (DPP) Paula Llewellyn, the court heard that Brooks and two side men drove onto the compound at approximately 4:30 p.m.

On their arrival, the side men told Brooks to operate the compactor, which ran on the throttle of the vehicle, so they could get more space in the truck for the garbage that was there.

The truck driver then used a stick to press down on the accelerator pedal in the truck before exiting the vehicle and heading to the back of the truck.

While he was outside, the truck drove off and overturned after it collided with a Toyota motor car parked on the compound.

Students who were on the compound at the time ran to avoid being hit when the truck started moving but Bair, who was among them, got trapped by the truck when it overturned, killing him on the spot.

Brooks and his two side men then fled the scene.

Brooks turned himself in to the police three days later and when he was cautioned said, "Officer, mi nuh waan go jail, cyaan manage it".

When a warrant for the prosecution was executed on him, Brooks, under caution, said, "Officer, mi sorry — a old truck; yuh haffi bridge it fi start it, it nuh roadworthy".

An official examination of the vehicle found that there was excessive free play of the steering wheel due to worn defective components and that the tyres on the truck were worn and not roadworthy.

- Tanesha Mundle

Follow The Gleaner on Twitter and Instagram @JamaicaGleaner and on Facebook @GleanerJamaica. Send us a message on WhatsApp at 1-876-499-0169 or email us at onlinefeedback@gleanerjm.com or editors@gleanerjm.com.