This judgment concerns a trial for a Highway Traffic Act offence where the defendant was charged with making a right turn not in safety, resulting in a pedestrian fatality.
The court heard testimony from civilian and expert police witnesses.
The defence challenged witness credibility, identity, and the correctness of the HTA section under which the defendant was charged.
The court found the prosecution proved beyond a reasonable doubt that the defendant failed to exercise reasonable care in making the turn, striking and killing a pedestrian who was properly crossing.
The defence of due diligence was rejected, and a conviction was entered against the defendant under section 142(1) of the Highway Traffic Act.
