Truck driver to stand trial for triple manslaughter
WESTERN BUREAU — Resident Magistrate Valerie Stephens ruled Monday that there was sufficient evidence for truck driver Darien Moulton to be tried for triple manslaughter in the death of three people in a road accident on March 17 this year.
RM Stephens, at Monday’s conclusion of the preliminary inquiry into the accident, set September 6 as the trial date when the 24 year-old truck driver will stand trial in the St James Circuit Court.
The truck driven by Moulton allegedly slammed into a Toyota Corolla motor car, loaded with churchgoers on the evening of March 17, killing two of the six adults and one of the two children aboard.
The occupants of the Corolla, registered 3547DP, were on their way to a church service in Westmoreland at the time.
On reaching the bend at the Awful Gully main road, two trucks, the second driven by Moulton, came hurtling toward them. They escaped collision with the first but not so with the second.
The driver of the car, Dennis Swaby, and his daughter, Elisha, along with Cecile Campbell were killed.
The preliminary inquiry concluded with the testimony of the investigating officer, Constable Kenneth Bailey, in the Montego Bay RM Court Monday.
The constable testified that at the time of the accident there was adequate light to allow both the driver of the car and the driver of the truck to see the roadway clearly. At the same time he said the accident occurred along a straight section of the road and that the speed limit is 30 miles per hour.
The policeman said that after visiting the accident scene on March 17 he returned to the Cambridge police station where Moulton was identified as the driver of the truck.
He said Moulton told him, under caution, that a car was on his side of the road and that he had swerved left to avoid collision. But, he said Moulton said the car hit the front wheel of the truck and caused him to lose control of the vehicle, which climbed an embankment and hit another car (of churchgoers).
The officer testified further that the day after the accident, he took Moulton to the scene of the accident to point out the point of impact but that Moulton’s point of impact differed from the one he had observed the previous night.
He said his point of impact was along a straight section of the road while Moulton identified the neck of a curve as the point of impact.
However, defence attorney, Clive Mullings said there was not enough evidence to send the case to trial, citing the absence of an eyewitness account.
But RM Stephens said she was satisfied with the evidence that had been presented and alluded to the May 28 testimony of Pastor Raymond Campbell, who was a passenger in the car at the time and who lost his wife, Cecile, in the accident.
She told Mullings that Campbell had testified that the truck was travelling at about 80 kilometres per hour, which was well above the 30-mile speed limit for that area. She also pointed to the fact that the truck had severed the car (of churchgoers).
The deceased Swaby lost his right arm while the deceased Cecile Campbell suffered a crushed right leg as a result.
In the face of the RM’s decision, Mullings made another successful bail application on his client’s behalf. He told the court that Moulton was the hard-working father of two children who enjoyed the confidence of his Cambridge community. And he said that as evidenced throughout the preliminary hearing, Moulton would make himself available for trial.
The RM subsequently granted Moulton bail in the sum of $750,000 again and he is to report to the Cambridge police station every Tuesday, Thursday and Saturday between 6:00 am and 6:00 pm.