First in-person trial in San Fernando High Court after 2 years

The San Fernando High Court held its first in-person trial on Monday after a two-year delay owing to the pandemic.

Justice Frank Seepersad presided.

Before the start, state attorney Monica Smith told the judge she had trouble getting into the building, as her name was on a list to be allowed entry, but a staff membe said her her information form had not been received.

The judge apologised, saying hopefully the issue can be addressed so that corrective steps can be taken.

Seepersad said he was aware of "administrative hurdles" that have to be crossed, and it cannot be that the nation is opening, yet it seems the judicial system is lagging.

He added, "We have so many different levels of administration. I find it difficult to understand the multilayer of administrative processes."

The claimant, Adrian Koat, a worker from the Water and Sewerage Authority (WASA), is seeking damages for an accident involving the van he was driving and a fire truck. The crash happened on April 12, 2017, at the intersection of Farm Road and the Priority Bus Route (PBR) in St Joseph.

Two pieces of video footage were shown in court and Koat and four defence witnesses testified.

The judge said he was addressing the issue of liability. He ruled that emergency vehicles do not have the right to endanger the lives of other road users, nor do they hold an "avoid traffic at all costs" pass.

Seepersad said, having seen the footage and heard the evidence, the claimant had proved his case on a balance of probabilities.

The court found the defendant is liable for negligence. The damages are to be assessed before a master in chambers.

Seepersad said the accident happened at a four-road junction where Koat had a green light that enabled him to cross the PBR.

Seepersad said the court also accepted Koat’s evidence that he did not hear any siren immediately before the collision.

The court found that the van had almost cleared the intersection when the collision occurred.

The judge ruled that the fire truck driver failed to observe Koat’s "lawful presence" across the intersection and "improperly managed" the truck. Seepersad said the truck broke the red light, entered the intersection and collided with the back of the claimant's van.

He found that the truck was driven without due care and attention and the driver failed to keep a proper lookout and to have proper regard for Koat’s presence on the road.

The judge said the claimant did not contribute to the collision, adding he had a green light on reaching the stop line.

From the video evidence, the court found it was impossible or unnecessary for the claimant to stop, and that he was duly entitled to cross the PBR.

Seepersad said Section Two of the Road Traffic Act, amended and proclaimed in 2020, does not provide for the classification of fire services vehicles as emergency vehicles. He said the act seems to contradict Section 57 of the Fire Services Act, which makes fire service vehicles exempt from liability against prosecution in relation to road traffic offences.

Seepersad said Parliament must ensure the nation's laws are not contradictory, and there must be legislative cohesion.

He added, "Parliament may wish to revisit the definition of emergency vehicles at Section Two or the Motor Vehicle and Road Traffic Act.

"Parliament has an obligation to ensure that laws are clear, coherent and consistent."

Seepersad told the court Section 57 of the Fire Services Act does not sanction the reckless and/or negligent manoeuvring of a fire services vehicle, and all emergency vehicles must use the roads with caution.

He said those entrusted with the responsibility to drive emergency vehicles must exercise caution and due care for the presence and safety of other road users.

Attorney Abdool Mitchell and Che Dindial represented Koat.