KINGSTON, Jamaica – A sentencing hearing for Alten Brooks, the driver of the garbage truck that crushed and killed seven-year-old Benjamin Bair on the grounds of the Clan Carthy Primary School in October 2019, took a surprise twist Monday afternoon when Supreme Court Judge Justice Leighton Pusey indicated that the court will be rejecting the sentence recommendation in the plea arrangement struck between the defence and prosecutors.

While stating that he would not disclose what was proposed given that the matter might instead go to trial, Justice Pusey instructed that Brooks’ bail be revoked and he be remanded. Brooks’ attorney Davion Vassell, in indicating that he wanted time to take further instructions from his client, asked that the matter be adjourned until this Friday at which point he would indicate the route the defence would take.

The writing was on the wall from earlier in the afternoon when the matter was called up and Justice Pusey indicated that he was having difficulty with the sentencing recommendation for a non-custodial sentence by Brooks’ attorney based on two issues, one of which was an aspect of the Social Enquiry Report in which a particular admission was made by Brooks.

“I’m in a position where I do not believe that I would be able to go ahead with the sentencing recommendation as is. That would leave you at liberty to take instructions whether or not you wish to withdraw from the plea agreement, whether you wish to have the court decide, or whether you would go to trial,” Pusey said.

With Vassell indicating that he would wish to have some guidance from the bench, Justice Pusey indicated that he would rise and meet with the attorney in chambers to discuss the issue before returning to the court room. Upon returning, the judge indicated that the court was not rejecting the entire plea agreement and that it was up to the parties to decide whether they would withdraw from the matter and go to trial or whether they would stand on the agreement and make submissions.

The elderly Brooks pleaded guilty to manslaughter in November last year and was to be sentenced Monday after his last court appearance Friday. The matter did not go to trial based on the fact that a plea deal was struck between the prosecution and the defence in the matter.

In the incident, which rocked the school community at the time, Bair, on Monday October 28, 2019 was on the compound of the school located in St Andrew waiting to be picked up when the tragedy unfolded. Brooks, who was in his 60s at that time, was the driver of the garbage truck that had been contracted by the school to clear garbage.

Brooks – according to details read into the records of the court by the prosecution – drove onto the compound at approximately 4:30 pm accompanied by two side men. Upon reaching the garbage area, he was told to operate the compactor which ran on the throttle of the vehicle by the side men so they could get more space in the truck for the garbage that was there.

Brooks, the court heard, used a stick to press down on the accelerator pedal in the truck before exiting the truck and heading to the back of the truck. While outside the truck, it drove off at a high speed and collided into a Toyota motorcar which was parked on the compound causing it to overturn.

While the students in the schoolyard at the time ran to avoid being hit, Bair who the court was told, also started to run, was trapped by the truck which overturned on him killing him on the spot.

Brooks and his two side men then fled the scene. Turning himself in to the police three days later, Brooks upon being cautioned said, “officer mi nuh waan go jail, caan manage it”. When a warrant for prosecution was executed on him, Brooks under caution said, “officer mi sorry, a old truck, yuh haffi bridge it fi start it, it nuh roadworthy”.

The lanky white-haired Brooks, clad as he had been at other times in a grey T-shirt and pale blue jeans which lingered several inches above his ankles, cut a forlorn figure as he was cuffed and removed from the courtroom, his bail which had been granted since 2020 now revoked.