Commissioner of Police v Rayside

• Jurisdiction: Barbados
• Court: Divisional Court (Barbados)
• Judge: Williams, J.,Worrell, J.
• Judgment Date: 20 February 1976
• Docket Number: No. 65 of 1975
• Date: 20 February 1976

Divisional Court

Williams, J.; Worrell, J.

No. 65 of 1975

Commissioner of Police

and

Rayside

Mr. M. Pierce for the appellant.

Mr. O. Moseley for the respondent.

Criminal Law - Drunk driving

Facts: A charge against the respondent for driving a vehicle while under the influence of drink was dismissed — The Commissioner of Police appealed against this decision.

Held: The evidence against the respondent was very strong — The matter should be heard again by another magistrate — Appeal allowed.

JUDGEMENT OF THE COURT:

1 The respondent was charged before a magistrate at District “A” with driving a motor vehicle while under the influence of drink. He was acquitted and the Commissioner of Police has appealed to this Court against this decision.

2 The case for the appellant was that on March 27, 1974 at about 6.30 p.m., Erskine Cumberbatch, a constable, was driving a car along Crumpton Street, St. Michael. He was in plain clothes. He saw a motor car M.3213 being driven ahead of him. It was swerving to the left and to the right across the road. It then struck a wall on the left and went over to the right side of the road where it struck a gate. The car then stopped at the junction of Crumpton Street and St. Michael's Row and the police constable stopped his car behind car M.3213. He went to the right front door of the car in front and asked the respondent, who was the driver, what had happened. The respondent said nothing had happened, that he was alright. According to the police constable a strong scent of alcohol was coming from respondent. He told the respondent that he was a police constable in plain clothes and that he suspected him of driving when drunk. He cautioned the respondent and took the switch keys from the car M.3213.

3 The evidence of the police constable was that he heard car start again and saw it turn left on to Constitution Road. The police constable got back into his car and followed M.3213 swerving left and right across the road. On reaching the part of Constitution Road by the South East end of Queen's Park the car struck a bicycle. The bicycle fell over the sidewalk and the car kept on. The constable followed M.3213 along Belmont Road, Pine Road and Culloden Road. It was swerving across the load. M.3213 eventually stopped at St. Paul's Avenue. The constable took some stones and blocked the wheels of M.3213 and then spoke to Sergeant Bourne of the Bridge and Harbour Station. The Sergeant later came to St. Paul's Avenue.

4 The Sergeant's evidence was that on March 27, a report was made to the station and he went on duty in uniform to St. Paul's Avenue, St. Michael. On reaching the scene the respondent made use of indecent language and was armed with an offensive weapon. He arrested him and took him to the Bridge and Harbour Station. Constable Cumberbatch stated in the presence and hearing of the respondent what he had seen and that he suspected that the respondent was driving the car M.3213 whilst under the influence of drink. Sergeant Bourne told the respondent that he was suspected of driving whilst...