ZR driver fined and banned for injuring schoolgirl

The ZR driver who made national headlines in 2015 when a schoolgirl lost her arm whilst travelling in his vehicle, has been disqualified from driving for the next 18 months.

Magistrate Graveney Bannister imposed the sentence as well as fines on Matthew Ricardo Daniel, of Licorish Village, My Lords Hill, St Michael, in the District ‘A’ Traffic Court today.

On June 2, Daniel, who was represented by attorney Angella Mitchell-Gittens, was found guilty of wilful misconduct causing bodily harm to Zakiyah Defreitas, dangerous driving, driving without due care and attention and driving without reasonable consideration for other road users on June 9, 2015.

For the first offence, the magistrate imposed a $2, 500 fine on Daniel who must pay the amount in 30 days or spend six months in prison. In addition, he was disqualified from driving any class of vehicle for 12 months.

He was also slapped with a $500 forthwith fine which carried a 50-day prison term and disqualified from driving for a further six months. The fine was paid.

The time Daniel spent on remand was also taken into consideration with regards to the other charges as well as the results of a presentencing report by the Probation Department, which showed he was at “a low risk” of re-offending.

In his ruling last June, Bannister chastised Daniel for his conduct on the day when ZR125, which he was driving, overturned on Nursery Drive, Bridgetown, resulting in the hand of the then 14-year-old Springer Memorial School student being severed.

“The driver of a public service vehicle has a high duty of care as they carry precious cargo [people] whose lives they transport,” the magistrate said in his written ruling then, adding that the road was not a playground.

“A driver of a PSV should not accede to any request to do foolishness on the roads and endanger people’s lives by causing grave injuries.”

71 Responses to ZR driver fined and banned for injuring schoolgirl

  1. Adelina Serieux Moncherry
    Adelina Serieux Moncherry October 5, 2017 at 11:33 pm

    Wow. Really

    Reply
  2. Natalie Noel
    Natalie Noel October 5, 2017 at 11:35 pm

    Wow seriously

    Reply
  3. Liz DaSilva Vieira
    Liz DaSilva Vieira October 5, 2017 at 11:46 pm

    That child has gone through so much and will suffer her disability for a lifetime and he can’t drive for 18 months? This cannot possibly be fair by any standard.

    Reply
    • John Everatt October 6, 2017 at 9:31 am

      Agreed. This is not a fair sentence for the crime committed. This is a joke. We need new judges that are rational and fair or at very least sentencing guidelines that must be followed. It can’t be justice for some but has to be justice for all.

      Reply
  4. Pat BB
    Pat BB October 5, 2017 at 11:56 pm

    This System sick is hell yuh, how d france 18 months can b equivalent to a lifetime of being disable??….this just took ridiculousness to another level,

    Reply
  5. Lauraine Clarke
    Lauraine Clarke October 5, 2017 at 11:59 pm

    Who the dog likes, he licks,only eighteen Months,no wonder so much disrespect on the roads from the ZR drivers.

    Reply
  6. Colleen Worrell
    Colleen Worrell October 6, 2017 at 12:15 am

    Only in bim

    Reply
  7. Michael Clarke
    Michael Clarke October 6, 2017 at 12:17 am

    Wow this f in system is for real this man cause a child to lose a limb and all he get is a fine and band from driving for 18 months what happens to the girl that have to live with a disability for life,he should be made to support the girl for the rest of her life

    Reply
  8. Hazel Smith
    Hazel Smith October 6, 2017 at 12:30 am

    Her parents can now retain a lawyer and sue him for what he did to their little girl

    Reply
    • hcalndre October 6, 2017 at 7:14 am

      Bring a Law suit against the owner because the driver hardly has anything and the lost of limb at such a young age the insurance pay should be in a the six figure range. The driver should be jailed for much longer, but a person riding a bicycle without a bell would get a longer sentence, the justice system is upside down.

      Reply
  9. Cecil Mayers
    Cecil Mayers October 6, 2017 at 12:43 am

    They are zr men they do what they want ppl frighten for them can’t do them nothing

    Reply
  10. Ossie Moore October 6, 2017 at 12:49 am

    First to begin with , before I make my comment , was this a black or non black schoolgirl ?

    Reply
    • Jennifer October 6, 2017 at 6:51 am

      could only be black.

      Reply
  11. Ossie Moore October 6, 2017 at 12:50 am

    I hate barbados !

    Reply
  12. Ossie Moore October 6, 2017 at 12:53 am

    God should strike and kill me immediately if I ever live in Barbados again.

    Reply
    • Miche October 6, 2017 at 1:56 am

      Be careful of the things you wish

      Reply
      • Jennifer October 6, 2017 at 6:52 am

        ok. haha

        Reply
    • hcalndre October 6, 2017 at 7:19 am

      Cool it Ossie, I know what you mean.

      Reply
    • Bajan October 6, 2017 at 8:29 am

      Ossie Moore tell us of the perfect society which you live in?

      Reply
  13. Joy Wharton
    Joy Wharton October 6, 2017 at 12:53 am

    When politicians are the owners of those ZR vans how do you ppl expect to get fairness, under old antiquated laws, that favor their purpose ?

    Reply
  14. gsmiley October 6, 2017 at 1:51 am

    The magistrate can only carry out the sentence that the law allows.

    Reply
    • Jennifer October 6, 2017 at 3:39 am

      Ok. Well said. That is because the law actually restricts, upholds and condones criminality. In every way possible.

      Reply
    • hcalndre October 6, 2017 at 7:37 am

      @gsmiley; that`s what Joy is saying that the laws are antiquated and outdated, the whole judicial system needs to be updated instead they are big on dress code that has nothing to do with the functioning of the Courts and the slow justice system, when they speak of dress code, the first thing they should have thrown away those nasty, musty looking wigs that is it not suitable for their hue or the tropics but they seem to be proud wearing them.

      Reply
      • Jennifer October 6, 2017 at 9:54 am

        hcalndre – washing of that brain. oh what a sin and travesty.

        Reply
  15. Harri Crich
    Harri Crich October 6, 2017 at 1:57 am

    Wow, fined and banned for 18 months…. But this poor child has to go thru life in her condition? I just don’t know how this court system works, makes me MAD as hell #deepbreath . I agree with Michael, make him support her on top of her pension!!!!!

    Reply
  16. Wayne T Griffith
    Wayne T Griffith October 6, 2017 at 3:51 am

    Everyone is complaining as if the sentence applied is insufficient, however the judge can only operate within the parameters of the law. The real question is whether the victims have been adequately compensated by the insurance companies involved.

    Reply
  17. Anfaani Henry
    Anfaani Henry October 6, 2017 at 3:56 am

    he wants locking up…

    Reply
  18. Angela Griffith
    Angela Griffith October 6, 2017 at 4:06 am

    I agree with Keana Clarke

    Reply
  19. Andrea Bascombe
    Andrea Bascombe October 6, 2017 at 4:19 am

    So, how is this child going to be compensated for lost of a limb, pain and suffering and the fact that she’ll never be able to do certain things because of her disability?

    Reply
    • Jennifer October 6, 2017 at 6:54 am

      insurance.

      Reply
  20. Marlene Holder
    Marlene Holder October 6, 2017 at 5:01 am

    School children got to learn to keep they hands in side plus there have free transportation on transport board bus

    Reply
    • Marlene Holder
      Marlene Holder October 6, 2017 at 7:12 am

      Listen to me how you think she loose that hand i talk to the minister of transport av

      Reply
    • Marlene Holder
      Marlene Holder October 6, 2017 at 7:17 am

      I talk to the minister of transport about that when zrs come down Carrington village children sitting on each other vans full hands out side

      Reply
  21. Francia Matthews October 6, 2017 at 5:29 am

    I hope the parents of this child carry a civil suit to high court how this case is over. GROSSLY UNFAIR

    Reply
  22. Jack de ripper October 6, 2017 at 5:33 am

    Do not get mixed up with the crime and the civil. I’m sure they can get a lawyer and sue the driver and the owner. She would be set good for awhile. Nothing would compensate for losing a limb but it would surely ease the burden.

    Reply
  23. Bobby Gilkes
    Bobby Gilkes October 6, 2017 at 5:54 am

    Ok he was wrong for the junk he did on the road and it was unfortunate that the school girl lost a limb ……but what about the the ppl that actually killed someone in vehicular man slaughter and walking bout free or he only want locking up cuz he is a zr. driver just asking

    Reply
    • Bajan October 6, 2017 at 8:36 am

      Public Service drivers are held to a higher standard of accountability and driving skills than the average driver. Simply because they are responsible for mass transit (of people) and their actions can have a profound effect on more lives in one single instance than the average driver would.

      Reply
  24. Valda Griffith
    Valda Griffith October 6, 2017 at 6:09 am

    Unbelievable!

    Reply
  25. Rawle Spooner
    Rawle Spooner October 6, 2017 at 6:24 am

    Joke sentence but beyond that simple solution don’t get on these ZR and minibuses if the operators drive so reckless because nothing gine change there is no deterent for these drivers this has been going on for many years.Even though he has been suspended from driving for 18 months he probably gine appeal that so who really knows if he gine be off the roads and even though he might be off there are plenty more reckless operators still out there.

    Reply
  26. Carl October 6, 2017 at 6:27 am

    Great comments, especially gsmiley, Jennifer and Wayne T Griffith. This shows that there is nothing to prevent the constant lawlessness as the penalties are just slaps on the wrist. If the penalties were more severe people would think twice before doing folly. Also, situations like this are why the public should send a strong message to the lawlessness element among us and boycott them, but it seems that the lawless ones are preferred. When the police report the vans and offload them, the same public gives the police a serious tongue lashing, yet when these situations arise they rely on the same police to carry out their duty in order that they may be compensated for the injuries which could have been avoided.

    Reply
  27. Aileen Smith
    Aileen Smith October 6, 2017 at 6:34 am

    $3,000 and this child is disabled for the rest of her life.

    Reply
  28. Charles Zavier Fields
    Charles Zavier Fields October 6, 2017 at 6:50 am

    Boy Barbados system so wicked something serious gine befall us realthing. Stupse.

    Reply
  29. Alex Alleyne October 6, 2017 at 7:29 am

    I think the INSURANCE Company will have to get up off BDS$1,000,000
    Maybe that is why the driver only $3,000 out of pocket.

    Reply
  30. Princess M R Charles
    Princess M R Charles October 6, 2017 at 9:11 am

    Barbados so backwards 18 months poor girl have no arm wow sickening

    Reply
  31. Milli Watt October 6, 2017 at 9:27 am

    justice system broken………but then again when a bunch a people ride on the vehicles and say nothing until something tragic happens you understand why it broken.

    Reply
  32. Donild Trimp October 6, 2017 at 9:27 am

    @ Bajan
    October 6, 2017 at 8:29 am
    “Ossie Moore tell us of the perfect society which you live in”?

    Nothing to do with a perfect society.

    The simple question is, does the punishment fit the crime?

    I think not.

    The charge of “willful misconduct causing bodily harm” is a serious charge and deserves a stiffer sentence.

    Reply
  33. Thunder October 6, 2017 at 9:39 am

    A sentence like this can only encourage more negligence on the road,this girl lost a hand has to be handicapped for the rest of her life,and all you get is a fine,and a suspender license for 18 months, only in Barbados something is seriously wrong with the justice system in this country!

    Reply
    • Jennifer October 6, 2017 at 9:59 am

      Precisely. Believe it or not that is exactly what it is meant to do. Adding on from gsmiley and joy comments.

      Reply
  34. Davwin October 6, 2017 at 9:40 am

    Another sad day in the administration of justice in Barbados.

    Reply
    • hcalndre October 6, 2017 at 6:17 pm

      Davwin; if bajans were a together people, they would go out in hundreds and picket outside the Court, but then you would hear as you always do, the House N. would be asking what good was the march and as lately as a few days what they said of the action CBC and BWA took. You can stand on a bajan head as long as you like and they would not say a word.

      Reply
  35. Sharon Woolley
    Sharon Woolley October 6, 2017 at 10:34 am

    That should have been a minimum of a 10 year ban and a $15,000 fine. This poor girl had life changing injuries because of a brainless moron that you wouldn’t want in charge of anything. What is wrong with these courts ? Stay away from ZR’s no matter what your age

    Reply
    • Rawle Spooner
      Rawle Spooner October 6, 2017 at 10:44 am

      In total agreement when ya get on those vehicles ya assume the risk and it’s a damm big risk.

      Reply
    • hcalndre October 6, 2017 at 6:30 pm

      @Sharon Woolley; it seems to be a conspiracy between this government and the owners of the ZRs, if the government had proper buses and run a decent on time service, much more people would put their vehicles down and ride the buses to work and where they have to go, by not having such they have to clog up roads and use the ZRs.

      Reply
  36. tedd October 6, 2017 at 10:55 am

    was he a danger to society that he needed to be placed on remand?

    Reply
  37. sam Clarke October 6, 2017 at 12:09 pm

    While i understand the moral outrage, we cannot give her back her limb, but what she can do is to initiate a civil lawsuit against the driver, and the owners of this vehicle.
    For the pain, suffering and the the lost of use of her limb.
    The judgement in such a case against , must be one of astronomical numbers in terms of money value.
    The plaintiff should not allow the attorneys to settle this case without a sever amount of money levied against the driver, so that he will be personally responsible for a major portion of this civil judgement. To the extent of the insurance policy, the plaintiff must demand every penny of the policy, in addition to any and all excess policies that the insurance company has on the vehicle or the company that owns it.

    This will send a message to those PSV and ZR drivers, since they will know that they will also be personally liable financially.

    Reply
    • hcalndre October 7, 2017 at 3:16 am

      Sam Clarke; you know that the family should not be looking for an attorney, they should be looking for them and I understand that the lawyers in barbados want money up front before they start the proceedings.

      Reply
  38. Mary Agard October 6, 2017 at 12:20 pm

    That’s why these zr and mini bus drivers do as they please what a slap on the wrist then again look who own these vehicles

    Reply
  39. Alex Alleyne October 6, 2017 at 2:16 pm

    Many drivers while driving ,speeding recklessly end up killing people then go to court and walk out FREE.
    Others shoot and Kill people and out on BAIL, FREE. Most of
    the time ,Courts send JAIL people for having a “spliff” or stealing a “bottle of rum”.
    Now the fellers that burn up all the young Ladies in Town got a Lawyer going off to the CCJ.
    No wonder they can’t get the Mini Bus/ZR culture under control.
    Home Owners can’t even evict a non paying renter because the Court will be on their side.

    Reply
  40. Slims Elliott
    Slims Elliott October 6, 2017 at 3:02 pm

    That judge is not doing a good job …the law in Barbados is so wrong …..I hope when anything like that happen to they family that the person get off too…sad sad sad

    Reply
    • hcalndre October 7, 2017 at 3:28 am

      @Slims; that why I always say that these Judges should be elected and not selected as in some of these cases, the next time that their names come up, they can be voted out. That`s why Barbados is not going to be get any better because of the friendly society thing, the poor persons get trample.

      Reply
  41. Alex Alleyne October 6, 2017 at 4:02 pm

    It is going to come a time when a family member will settle things “out in the streets” his/her own style.
    Then we all will see how the Court deal with it.

    Reply
  42. SHARON October 6, 2017 at 4:43 pm

    some ppl here talking like they dont have sense the young lady did not died she lost a limb so he would not be charge with anything like vehiclar man slaughter which would have gotten him prison time he would not be ordered to pay the girl for lost of limb because the insurance would pay all her medical bills, rehab bills and so on then at the end of rehab she might get a six figure or the amount stated in the insurance policy for lost of limb she cannot get money from him and insurance too because he was covered under insurance i’m wondering how many ppl here with these foolish comments does drive please check your policies i agree 18 mths band from driving any class of vehicle is non-sense he should be band for more but they said they taking the 2 yrs he was on remand into consideration and that 3,00.00 has gone too the court and b4 any of u start on me i know what i talking i was hit by a car 5yrs ago and i’m now paralayze from neck down cant move or do anything for myself some had to type this just got my settlement

    Reply
  43. Janelle Marshall
    Janelle Marshall October 6, 2017 at 4:54 pm

    The Magistrate did what he could within the confines of the law. The laws are what needs changing with stiffer penalties.

    Reply
  44. Dianne Griffith
    Dianne Griffith October 6, 2017 at 4:56 pm

    Wow that’s all my justic system also failing three thousand dollars my gosh and she has no arm but the saddest part of this is that after 12 months this vehicular lunatic can get behind the wheel again wow 3 cheers for our justice system

    Reply
  45. Ossie Moore October 6, 2017 at 5:05 pm

    Wayne T. Griffith says : however the judge can only operate within the parameters of the law . . . . . .

    Ossie Moore asks : Wayne ! did the judge operate within the parameters of the law years ago when:

    (a ) The Canadian priest in B’dos strangled both his wife and 6 year son Owen just before preaching the sermon at his Church ? The priest returned to the crime scene after sermon and called the ROYAL Barbados Police saying the he had found his wife and son murdered. The ROYAL barbados police moved very swiftly to arrest and framed and had Wingrove Brathwaite hung for the crime . The priest returned to Canada very quickly after to live very happily a and refused to return to barbados to answer questions after the truth was found out.

    Wayne ! did the judge operate within the parameters of the law years ago when:

    A white tourist woman cried rape after having an affair with singer Rudy Boyce and had him sentenced to 5 years in prison . . . after her husband found out about the affair ?

    Wayne ! did the judge operate within the parameters of the law years ago when:

    Swayne ” a white man ” walked away free after he shot and killed a black boy for urinating under a tree about 40 yards away from his ( Swayne’s ) house ?

    Swayne’s wife told her husband that the boy was shaking his penis at her which in fact he wasn’t doing . The boy as ( most men do after urinating ) was just shaking his penis to get rid of the extra liquid on the end of his penis .

    Ossie Moore ‘s thought : When you can convince a majority of people such as Wayne T. Griffith that you are operating within the paremeters of the law , then you’ve done a hell of a job.

    A nation of misinformed people is a Nation of ignorant , illiterate people. . . . . . such as Barbados.

    Reply
  46. Ossie Moore October 6, 2017 at 5:14 pm

    SHARON . . . you are a banana republic ass***e , i’d like to take one of your hands off with a cutlass and see if you’d still be talking through your ass instead of your mouth.

    Reply
  47. Ossie Moore October 6, 2017 at 5:33 pm

    Wayne T Griffith says :
    Everyone is complaining as if the sentence applied is insufficient, however the judge can only operate within the parameters of the law . . . . . .

    Ossie says: So the parameters of the laws of the judge in the stupid piece of the 2 x 4 banana republic little rock are that sentences are harsher for :

    (1) stealing a pint n’ half bottle of white rum or a can of Exeter corned beef.

    (2) Shooting and killing your own child.

    (3) Breakin’ a juicy cane out of the plantation owner cane ground ( if they are any canes left ) ?

    I can tell you right now that if that was a white girl involved ( politician or no politician ZR van owner ) the Banana republic judge would have find a way to change the way in which the sentence was imposed no matter what Wayne T Griffith says.

    Like I said God should kill me immediately If I ever decide to step foot to live in the stupid 2 x 4 piece of little rock banana republic ever again.

    No wonder it’s the most Easterly of the Caribbean islands all over there by itself away from all of the other common sense islands with it’s coastline wide open to the drug dealers , gun runners , etc.

    Reply
  48. Sheron Inniss October 6, 2017 at 7:21 pm

    @ Ossie Moore. Today I am in total agreement with you.

    Reply
  49. hcalndre October 7, 2017 at 3:44 am

    Who can say that the judge gave him the maximum, the lesser sentence he would walk free, people keep your eyes on that case where the cop shot Blues to death and wounded his son. that case is yet to be tried.

    Reply
  50. F.A.Rudder October 7, 2017 at 3:31 pm

    A special Driver’s Ed for all ZR and mini bus drivers which entails Safety and Conduct measures!

    Reply
  51. Sam Clarke October 8, 2017 at 7:47 am

    @Hcaindre, Well it is time for the law to be amended to allow lawyers to take on cases and get their 1/3 plus expense, on any settlement of judgement.
    This in itself, will force legal matters to proceed at a faster pace in the dinasour era court process that currently exist.

    Reply

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