The unlicensed driver who crashed an uninsured, unlicensed vehicle into a meeting of the New Democratic Party (NDP) in Clare Valley in December 2014, resulting in the death of a Unity Labour Party (ULP) activist, has escaped jail time.
Because Antwone “Quincy” Anthony, 43, has end-stage kidney failure and requires dialysis, High Court judge, Justice Brian Cottle sentenced him to a two-year suspended prison sentence.
The judge noted that the case is a serious one that deserves prison time but said sending Anthony to prison would be tantamount to a death sentence, since the prison is unsuitable for housing a person with such a medical condition.
Justice Cottle said that Anthony’s medical condition also affects his ability to earn an income, and, by extension, pay a fine.
Anthony, a father of eight children, the youngest of whom is 2 years old, pleaded guilty three weeks earlier to charges that on Dec. 6, 2014, at Clare Valley, he caused the death of Edgar Cruickshank, of Questelles, by driving motor vehicle P119 dangerously.
His sentencing, which took place last week, had been postponed earlier, as he was unable to come to court on the scheduled day, having fallen ill.
In interviews in mid-2014, about 18 months before Vincentians went to the polls, Cruickshank had told iWitness News of his displeasure with the ULP’s selection process is South Leeward, where he had been a major activist for the party.
He later said he had thrown his support behind the NDP’s Nigel “Nature” Stephenson, a candidate and party that he had previously opposed.
Cruickshank, a building contractor, was attending his first meeting of the NDP in years when he met his death.
A pathologist concluded that his death resulted from “multiple traumas with cardiac tamponade due to motor vehicle accident”.
Anthony also pleaded guilty to charges that, on the same date, he fraudulently used the vehicle registration number P7516 on motor vehicle P119.
He also pleaded guilty to charges of driving without a driver’s permit and driving an uninsured vehicle.
Justice Cottle barred Anthony from holding a driver’s licence for the rest of his life.
The man was further ordered to pay the court EC$$1,500 for driving the vehicle without licence; EC$1,500 for driving it without a policy of insurance, and EC$1,000 for using a fraudulent identification mark.
The court, however, did not set any specific date by which the man has to pay the fines.
The fact of the case is that Anthony drove the vehicle recklessly in the area of the hard-court in Clare Valley, where the NDP was having a public meeting.
As a result of his reckless driving, Anthony crashed into a parked vehicle, causing the parked vehicle to fall on persons at the hard-court, injuring several of them and resulting in Cruickshank’s death.
Among the persons injured was Anthony’s 4-year-old son, who was a passenger in the vehicle his father was driving.
Cruickshank died at the Milton Cato Memorial Hospital where he was taken for medical attention after the accident.
The judge identified the aggravating feature of the case as the fact that, according to the investigation by the police, the vehicle that Anthony was driving was not road worthy.
It had smooth tyres, had no fan belt, no headlights, no insurance, and bore a false number plate.
Anthony was also not the holder of a valid driver’s permit, as his permit had expired several months before the accident, the judge observed.
After the accident, a motor vehicle inspector concluded that the vehicle that Antony was driving had been in an “intrinsically dangerous” condition.
After the accident, Anthony, who lived in Questelles at the time, told police that before driving to Clare Valley he had removed the fan belt from the vehicle, which had been giving him trouble.
The vehicle had shut off as the man was driving home and the steering wheel became stiff and the brake failed.
His efforts to shift the vehicle into a lower gear in an attempt to reduce its speed failed and he later lost control of the vehicle.
The man admitted to police that it had occurred to him that the vehicle was not in any condition to be driven.
In identifying other mitigating factors, Justice Cottle said that the accident had occurred at night.
He said Anthony must have known that a public meeting was being held in the area, as such events are often well publicised.
The judge, however, noted that Anthony had pleaded guilty to the charges and had no previous convictions.
The entire incident smells of a set-up on multiple levels. Isn’t Cottle the judge that was found to be biased in favor of the ULP by an appellate court? Wasn’t the ULP person killed in the accident alleged to be switching from ULP to NDP, thus he was attending an NDP rally?
Strange that a person driving, seemingly without purpose at that time, without a licence, that caused a death is let-off on humanitarian grounds when many others that did not kill, do not get the humanitarian treatment.
The Brake was in good condition and the lights were in working condition that very night. After the crash persons at the scene tried the brakes and put the lights on. I was there and saw this. This investigation was deliberately botched from the get go. Another murderer get away it seems.
Reading this decision of High Court Judge, Justice Brian Cottle brings to mind a statement by Plato, that Athenian philosopher during the Classical period in Ancient Greece, who was a student of Socrates. He writes: “Knowledge without justice ought to be called cunning rather than wisdom. May one ask, is it an exercise of cunning here? Is Antwone connections a factor in these matters?
Indeed, what a travesty and perversion of true Justice by Justice Cottle, a total mockery of all forms of reasonableness in these affairs! But there again, could we have expected any difference from the system that supports the likes of Cottle?
Born 1881, former slave Frederick Douglass, that American social reformer, abolitionist, orator, writer, and statesman after escaping from slavery in Maryland he become a national leader of the abolitionist movement in the U.S also had this to say about the denial of justice:
“Where justice is denied, where poverty is enforced, where ignorance prevails, and where any one class is made to feel that society is an organized conspiracy to oppress, rob and degrade them, neither persons nor property will be safe”.
“Throughout history, it has been the inaction of those who could have acted; the indifference of those who should have known better; the silence of the voice of justice when it mattered most; that has made it possible for evil to triumph”. So said Haile Selassie!
Well with all the aggravating evidence, this culprit got away scotch free Injustice any where is a threat to justice every where says the great MX. The judge cannot be a doctor a ND a judge simultaneously. He must choose one or the other.
Jose that is a great point that I missed. I guess Cottle is now a medical expert. I wonder if he is a better medical expert than he is a judge. I remember not long ago a young woman was sent to a mental institution for using bad language directed at a ULP members wife. But in this case an exam is apparently not needed or do the medical experts also double as “prison environment experts” For many Vincentians life in prison is much better and more healthy then thier homes outside of prison. Even if there were an exam, does that mean they cannot better observe the medical condition of this person in prison. Are there no “sick” people in prison, or when you Allegedly get sick do they let you out?
I agree with all those that commented: What a travesty of justice, or lack thereof!
Why is Cottle still allowed to decide any cases involving anything remotely connected to politics. How can our system allow that?
ASK Julian
My dear JOSE, it is submitted this so-called learned Justice Cottle has engaged himself in nothing but a dastardly charade, a charade which supports a system that works only for none but the powerful and regime connected.
This pretence at justice fools no one, but upholds elite privileges, keeps the dispossessed cowed and many here intimidated. To quote Plato “The worst form of injustice is pretended justice”! Long may such pretence at justice continue because of gross national ignorance here and underclass inertia!
Total biased.you look at the charges that he plead guilty to.l think it is time for you change your job.this was an act of terrorisum.and you free a murderer.you have no moral in this case.what about the other people who were Ingerd.a cort accuea you of being biased against the NDP.so you should of excuse your slef.this is not going to go good for me an this country.because you have sent a very dangerous message to outlaw who feels like they can do anything if they are soporters of the ULP. an get off.But let me say to you somting like this should naver go unponich.yo should unite this country against terrorism.not seem to be on the side of any.go home in peace and let someone who is competent get that very important job.
Maybe we the people are part of the problem. virtually everyone that hears about this case are appalled of the lack of justice. Why isn’t there anyone who can organize a national campaign to get this judge disbarred with all his blatant political bias? In truth the ULP has done a great job in making us all scared to open our mouths on certain things; except to make comments on this and a few other sites. We cannot mention our real names for fear of political punishment.
The establishment has us trained very well! All but the brave and the stupid fear to publicly support the opposition. If you support the ruling party you can reap great rewards, (including getting off for murder charges) but supporting the opposition can lose you everything. woe unto those who switch from ULP to NDP. For them is reserved the ultimate punishment. Great rewards if you switch from NDP to ULP but See what has happened to those that have gone the other way!
I notice that as of yet there are NO ULP TROLLS COMMENTING ON THIS CASE! Where is Vincy Lawyer of AL?
All the reasons given above by the various contributors to the debate, are good reasons why Vincentians voted to retain the privy council as the Appelate Court . Do you trust some of our learned judges? Whether they are at Caribbean Court of Justice or local Courts, I do not have confidence in them. It’s a shame that I have to say this but it’s my reasonable obervation that they operate like a kangaroo Court.They hop like a kangaroo .
No need to attack his lordship! The judge can only pass the verdict based on evidence submitted to the Court through the investigation file, not based on feelings or hearsay or presumption. So whether or not “the entire incident smells of a setup on multiple levels” his honour gave a fair judgement. It is unfortunate of the loss of the deceased brother Cruickshank but there is absolutely no need to attack the learned judge.
Henceforth the convicted “Quincy” has already met his “Providential Judgement” namely his medical condition of end-stage kidney failure. How come no one can see that ? I smell too a “vicarious seed” sown in the heavens bursting back a blooming judgement on “Quincy”. No need to lambaste the judge, I believe he made an outstanding judgement that respects the verdict of the Judge of all judges.
Please stand down!
When you look below the surface at those involved or associated it actually stinks.
Sorry but the judge ruled correctly, I keep finding out that whenever I am disgusted by American culture or politics I only have to look back the Caribbean. Partisanship prevailed over love, forgiveness and common sense all the heart demanded was hang him and hang him high.
So sad.
The convict medical condition should never be used in mitigation. Whether or not he has a medical condition is something that is extraneous to the incident itself. I am not attacking the judge but his reasoning as to why he was given a less severe sentence is mind boggling. It’s only who is in the kitchen feels the heat . If the vitim was one of our relatives,then one would have felt differently. The punishment must always fit the crime.
I concur with the substance of what you have had to say JB blame however, rest entirely with the presiding Judge, and as such, his most unjust judgement in therefore grossly tainted.
He thus remains profoundly suspect in my view.
I fully agree James H. we see by some of the latest comments the ULP has had to pay a few trolls to do damage control for a clearly fishy occurrence we get a fishy judgement that practically no one is buying. The powers that be know this will have to fade away before an election can occur. Just like the incident with the model and the son, that was essential to get rid of as quietly as possible. Reminds me of the “soap powder” smuggling Venezuelans on Union Island where people died and not with our occasional fishy deaths of people about to switch from ULP to NDP.
Any listening man will say James, ear! ear! whats going on ear?
The Judge chose to give sympathy to the perpetrator and ignore the assassination of the deceased. If looked at realistically this was a politically motivated death and we must consider if this was a politically motivated and politically influenced judgement.
We simply cannot keep accepting these kind of judgments without making serious comments.