WESTMORELAND, Jamaica — A defence attorney for Delroy Rodney, who has been charged with five counts of dangerous driving, has pointed a finger at the driver of a truck that was mentioned in the police report about the fatal crash.

Police had reported that about 3:30 pm on November 13, Rodney’s taxi, with seven people on-board, was travelling towards Whitehouse when the vehicle it was travelling behind slowed down. The cab driver swerved, collided with a truck that was travelling in the opposite direction and ended up in a tree.

On Tuesday, when Rodney made his second appearance in the Westmoreland Circuit Court, his lawyer, Lambert Johnson, strenuously argued that he should be granted bail and raised the issue of the trucker’s role in the crash. The lawyer surmised that the truck must have been speeding, and that if the matter goes to civil trial, the truck driver should be blamed.

Rodney’s lawyer also called character witnesses from the church and a justice of the peace who is also his former principal as they sought to assure the court that if given bail Rodney would be back for trial.

“He has solid, extensive roots in the community and is able to find sureties,” stressed Johnson.

For its part, the prosecution put up a vigorous argument against bail. It pointed to the number of deaths, and alleged that the tyres of Rodney’s vehicle were 55 per cent worn, claimed that he was speeding on a wet road in a parish where crashes are frequent, and had fled the scene while others tried to help the injured.

The prosecution also argued that Rodney’s wife removed vehicle documents from the scene.

At one point, Sabrina Marshall struggled to hold back tears as the prosecution gave details of the gruesome crash that left her mother and four others dead. When it became too much to bear, she walked out of the Westmoreland Circuit Court only to return later to hear that Rodney had been offered bail in the sum of $7 million.

In mulling over his ruling, Justice Courtney Daye had sought to ascertain when the trial could begin.

The prosecution hurriedly responded: “All things equal, we expect the file to be ready for February 19 [2024].”

In explaining his rationale for bail, Justice Daye pointed out that Rodney had no previous convictions, had expressed remorse for the crash when arrested, and that even though he could have fled the country, he instead turned himself in within “reasonable time”.

He also noted that the court could not take a position on the allegations of speeding until the facts are available from the accident and reconstruction report. He estimated that it will take six months, at least, for the trial to get under way.

The conditions of Rodney’s bail include a stop order, the surrender of his travel documents, and he is not allowed to drive. Justice Daye warned him against discussing the case with the witness’ family or the sole survivor of the crash.

His next court date is February 22, 2024.