Driver of garbage truck that killed Clan Carthy schoolboy to know fate next week

A judge is to decide on Thursday whether 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 will be given a fine or a prison term.

A dispirited and obliviously emotional Alten Brooks, 55, was remanded.

The offender pleaded guilty to manslaughter last November under a plea deal and a recommendation was made for him to be given a fine.

However, Justice Leighton Pusey indicated on Monday that he was not going to accept that recommendation as he was of the view that Brooks should be incarcerated.

The judge indicated that the defence could still proceed with the agreement and make submissions or withdraw from the agreement.

Attorney-at-law Davion Vassell, as a result, requested an adjournment to consult with his client and today when he returned to court indicated that they would be proceeding after having further dialogue. 

But Vassell, during his submission, asked the judge to consider imposing a non-custodial sentence while highlighting that members of Brooks' community had asked for leniency and for him to be given a similar sentence. 

He recommended that the judge consider a fine, a suspended sentence or even probation despite the outcry from society. 

Vassell argued that his client was not a criminal and had an unblemished record before this incident.

"There was no intention on part of Mr Brooks to cause harm," Vassell submitted, noting that Brooks had gone to the school to assist with the clearing of garbage that had been overflowing on the compound.

The lawyer further asked the judge to consider whether Brooks' case was one of the most egregious kinds where nothing other than incarceration would suffice. 

The judge, after hearing the submission, said he needed time to determine the sentence in light of issues in law raised by Vassell and due to the fact that he had rejected the recommended sentence.

Primary school student Benjamin Bair was killed in the freak incident after the garbage truck moved off,  crashed into another vehicle, overturned and fell on top of him while he was waiting on the compound to be picked up.

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. 

Brooks had also told the police that the truck was old and was 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.