A building company is facing charges of gross negligence, or possibly manslaughter in connection with the death of one of its employees.
It’s a landmark verdict handed down in the Coroner’s Court against New Providence Building Supply.
In the worse case scenario the beneficial owners or managers of the company could face a hefty fine, opening the business to a substantial civil lawsuit. The charges could also be dismissed.
On Saturday, July 15, 2000 , a 33-year-old employee lost control of the company’s 1981 mixer truck, which overturned and slammed into three lamp poles before skidding to a stop. The accident occurred around 4:45pm in the vicinity of the Lyford Cay Canal .
During the inquest, some startling revelations came to light.
Police forensic scientist Superintendent James Carey delivered testimony that the driver had large amounts of carbon monoxide in his system, which could have rendered him incapacitated.
It was also revealed that Mr. Johnson had large amounts of alcohol in his bloodstream.
A number of professional mechanics gave evidence during the hearing, one of them – Willard Nixon, a mechanic of some 43 years – who testified that lack of maintenance of the vehicle led to an erosion of the driving mechanisms which could have caused the accident.
According to Inspector Bradley Neely, who presided over the evidence in the matter, the seven-woman jury had to consider the carbon monoxide poisoning, level of alcohol in the bloodstream and the vehicle’s lack of maintenance in coming to their verdict.
On Wednesday, the jury panel handed down a unanimous verdict that found the company “grossly negligent.”
“We have cases like this coming before the Coroner’s Court, but the jury ruling against the company is rare,” said Mr. Neely in an interview with The Bahama Journal Friday. “To my recollection this has only happened once or twice before.”
Former Magistrate Sharon Wilson represented the family. The Bahama Journal was unable to reach her for comment.
Cheryl Sweeting of Lennox Paton, represented the company. Ms. Sweeting did not return the Bahama Journal’s calls.
According to Mr. Neely, another attorney was also present representing the interest of Family Guardian.
In the event a company is found grossly negligent someone in management has to be charged on behalf of the company.
On December 9, a representative of the company has to appear before the Corner’s Court to be apprised of the charges of gross negligence, or manslaughter.
The transcript from the Corner’s Court goes to the Attorney General’s office where a decision will be made as to who should answer the pending charges.
It is possible that the principals involved – the CEO, beneficial owners, or manager – could be called to give evidence in the Supreme Court.
By Tosheena Blair, The Bahama Journal
