Baynes acquitted on three counts of causing death by dangerous driving

Park Hill resident Michael Baynes vows never to drive another minibus as long as he lives.{{more}}

On Friday, June 8, following a ‘no case’ submission by his lawyer, Ronald Marks, which was upheld by Justice Frederick Bruce-Lyle, Baynes was acquitted on three counts of causing death by dangerous driving on December 31, 2009 at Argyle.

“I feel good, I feel relaxed and gifted, knowing after so long, I had been accused of this. I want to thank God for sure. I slipped away from him and when I went back, I saw how much he loves me…,” the ecstatic Baynes told SEARCHLIGHT. He also thanked his lawyer and family members, especially his aunt for helping him with bail and making sure he was fine.

On the fateful day over two years ago, Baynes was the driver of passenger van H5668, named ‘Big One’, travelling along the Argyle bypass road, when it overturned and killed 37-year-old Michele Bernadette Pompey of Chili Village, Georgetown, and Romario Marson, 12, of Spring Village, on the spot. Sandy Bay resident 31-year-old Sonithie Ballantyne subsequently died at the Milton Cato Memorial Hospital.

Evidence coming out of the case proved that a blown tyre was the cause of the accident.

In Marks’ ‘no case’ submission, he argued that the evidence presented by the prosecution was not sufficient to prove that Baynes was driving in a dangerous manner that day.

“They couldn’t show that. There were persons sleeping in the van, there were persons having conversations and there was even a policeman in the van. All of these circumstances pointed to the fact that how he was driving was not in a manner that was dangerous…,” Marks pointed out.

Cross-examining the prosecution’s expert, Marks argued that the only evidence that was against his client was that of the expert.

“The judge called the evidence against Michael incredible, stating that the expert couldn’t reason and justify his findings and therefore the evidence was rejected,” Marks said.

“I am happy this is finally over. It has been a long time we have been struggling. I know he is feeling relieved knowing he was facing a maximum of 21 years imprisonment if convicted,” Marks added.

According to Marks, although it was a serious accusation that was made against his client, he knew from the beginning that it was an accident and it was not his client’s fault that these people died. “From all the evidence, it was due to mechanical failure and no criminal act on Michael’s part. I am just happy for him and I am glad that all the hard work we put in this case came out successfully,” Marks added.

As for Baynes, he is now focusing on improving his skills in masonry.

“I am just trying to further myself in that field and If I am to really drive a van again, it will have to be my own van…,” he said.

Baynes also expressed sympathy to the relatives of those who died that morning and also those who were injured. He said he is still saddened by the fact that some of the people injured were not looked after.

“This is what really pains me. Here I am driving somebody’s van and I alone in this. Up to now, the owner of the van don’t talk to me…,” Baynes disclosed.

The crown’s case was presented by attorney Colin John.(KW)