Justice system ‘unfair’, says grandfather of injured boy
September 7, 2012
Justice system ‘unfair’, says grandfather of injured boy

The grandfather of a young boy who was seriously injured in a vehicular accident last year is displeased that the case was discontinued in court.{{more}}

Ennis Morgan, a Richland Park resident, said that after all his grandson has been through, he is upset that they were not given the chance to bring the matter before a judge.

“I cry long water out my eyes for this child,” he lamented. “You know why? He coulda kill the child!”

On May 22, 2011, Morgan’s grandson Jaysean was struck by a vehicle driven by Methodist minister Reverend Victor Job.

Morgan claims that Jaysean was walking alongside the road leading up to the Arnos Vale Playing Field, after exiting his father’s vehicle, when the incident occurred.

“Reverend Job came along and he was on his cell phone,” said Morgan. “He knock down the child … and you could see right down to the bone! He [Reverend Jobe] told the police he was looking for a parking … but I could bring a witness to court to prove he was on his cell phone.”

To add insult to injury, Morgan said that it took Reverend Job several days before he came to visit Jaysean in hospital.

“I ask him why is only now he coming to see the child and he said he had other important things to do,” he said. “So, this child is not important?”

Seven-year-old Jaysean, who was six at the time of the accident, spent 25 days in hospital, and had to undergo skin-grafting surgery to heal the wound he had suffered on his left leg.

During his recovery, he missed out on two terms at the primary school he attends – Seventh Day Adventist Primary School – which Morgan said cost him $450, as the school fees were paid in advance and are non-refundable.

Morgan further said that it took over six months before the police brought a case against Reverend Jobe, and that the scheduled hearing date kept being postponed. Then recently, he was tipped off by a police officer that the case was going to be thrown out of court.

“I went to the DPP (Director of Public Prosecution) and I talk to … [Crown Counsel in the DPP’s Office] Colin John. He said to me that he gave the order to throw out the case,” complained Morgan.

John said that the matter was discontinued, because there was no evidence to indicate that Reverend Job had been driving without due care and attention.

“Based on the evidence that’s contained in the file, and the code for prosecutions, the case did not pass the evidential test,” said John.

“Therefore, there was no likelihood of successful prosecution, had that matter…gone to court … The charge could not be supported.”

In response to Morgan’s allegation that Reverend Job had been on his cell phone while driving (when the accident occurred), John said: “Being on a mobile phone, in and of itself, does not make you wrong if you get into an accident.”

John also said that Jaysean’s father was present at the time of the accident, and that he should have been put forward as a witness, too.

“He should have been able to present evidence,” he explained.

“There is nothing … to say that he [Reverend Job] was wrong.”

Morgan, who is very close to his grandson, said that Reverend Job should have paid the excess fees that the insurance did not cover, and the case should have been brought before a judge.

“Who know… he could knock down other people children,” he pointed out. “I woulda kill him [if Jaysean had died] because I have nothing to lose. I have nothing to live for more than he!”

Morgan further said: “I want people to see how unfair this country is. I am a Labour [ULP] man but … I’m not leaving this so. I went through too much with this kid.”

Crown Counsel John said that when he spoke to Morgan, he tried to explain to him that Reverend Job could not be expected to take responsibility for the accident, if the law didn’t find him to be at fault.

“You’re trying to say well Reverend Job is a minister … and he should do this, that and whatever, but that’s a moral issue,” he added.

Morgan said that he has retained Paula David as his lawyer, and will be taking legal action to sue Reverend Job and his insurance company.(JV)