Last year, at the end of March, Press Office Director, Dorian Pakeman got into major trouble when he knocked down and killed 45-year-old Dean Dawson, a mechanic from Gardenia Village. Pakeman was driving his government issued Isuzu D-Max pickup at the time, and after news got out that he tested positive for cocaine on the night of the accident, he was suspended from his job at the Government Press Office. That was in September, and it would take another four months for police to bring charges: but not for manslaughter by negligence, or driving without due care and attention, but for causing death by careless conduct. That single charge was the subject of a preliminary inquiry today in the Magistrate's Court. It's a sort of case management where the Magistrate goes through the bundle of evidence to determine if a case should be sent up to the Supreme Court for Trial. In this instance, however, the court has determined that there isn't enough evidence and there won't be any trial.
So, just like that, Pakeman was freed of the charge of causing death by careless conduct. Our news team was there at court, and Daniel Ortiz took a closer look at how Pakeman got off:
Daniel Ortiz reporting
This morning, 14 months after knocking down and killing Dean Dawson, Dorian Pakeman walked out of Magistrate's Court freed of all criminal charges for the accident.
Today was supposed to have been the preliminary inquiry in the case, to determine if he would have to stand trial in the Supreme Court. After examining the police file on the evidence against him, Senior Magistrate Sharon Frazer struck out the only charge he faced: causing death by careless conduct.
She concluded that Pakeman had no case to answer to, which is a view shared by his attorney. He made that point in his submissions before the court.
Bryan Neal - Attorney for Dorian Pakeman
"There was a lot of noise made about certain things in the media, but having reviewed the file as a matter of law. I found that there was no evidence and I found that there were breaches of procedures so fatal that had the matter gone to the Supreme Court, any reasonable jury could not have convicted Mr. Pakeman. So my submission was rather than send it up to clog the court system in the Supreme Court just to dismiss it and the magistrate found favor with my submission."
That position was also bolstered by the out-of-court settlement that Pakeman made with Dean Dawson's common-law wife, Sherla Adolphus who wrote to DPP Cheryl-Lynn Vidal, asking her to discontinue prosecution against Pakeman. In her letter, she said, quote, "...It is my earnest wish that the charges against Mr. Pakeman be withdrawn and no further action be brought..." End quote.
Bryan Neal - Attorney for Dorian Pakeman
"I wasn't a part of those discussions. I was retain in the criminal matter, but I shared in court a letter from the common-law-wife saying that the matter had been settled and that she did not want the criminal matter to proceed either. She has been compensated. There was another claim which has been dismissed because the claimant did not have the requisite standing to bring the claim on behalf of Dean Dawson. So there is no civil matter outstanding for Mr. Pakeman and there is now no criminal matter outstanding for Mr. Pakeman."
But, what about the positive urine test for cocaine that the DPP unearthed after police failed to deliver it as part of the file? Well, it turns out that the test does exist, and did say that that cocaine was found in Pakeman's urine sample.
The report from the Forensics lab, dated October 20, 2016, says, quote, "...Drug testing, utilizing 'Instant View multi-test Drugs of Abuse' rapid test card...detected use of cocaine in the specimen submitted." End quote.
When asked about the significance of that test Pakeman's attorney said that the prosecution would not have been assisted by this because the police did not follow procedures in securing test samples.
Bryan Neal - Attorney for Dorian Pakeman
"Under section 77 of the motor vehicle and road traffic act, there is a procedure where there is a sample requested within one hour you must give it and a subsequent sample just to be sure must be given, so that there was only one sample given not in accordance with the procedure in the act and therefore that sample could never form part of the case and that was one of the reasons I submitted that there was no evidence."
Reporter
"But also it was said that the certificate, the results showed that he didn't have any level of drugs in his system to have him impaired while driving."
Bryan Neal - Attorney for Dorian Pakeman
"That is so. That is why we are saying that for careless conduct, if there is no proof that there is any drugs and there is no further proof that there is any carelessness, then the matter ought to die here as it has."
But, the bottom-line is that Pakeman was freed of the charge due to a lack of evidence, not a full acquittal.
Daniel Ortiz, 7News
"How do you answer to the criticism that no evidence isn't the same as innocence?"
Bryan Neal - Attorney for Dorian Pakeman
"Well you have these vehicles on the road, traffic accidents happen every day. I have apologize to the family of Dean Dawson, I've committed from the beginning that they would be compensated and they have. So accidents happen. Its regrettable. Nobody wants to be in an accident, but this is an accident and I hope that his family now finds peace and that Mr. Pakeman is allowed to move on with his life."
So, to address a few other issues surrounding this case. First, Senior Magistrate Frazer commented that the positive cocaine test did not say that the substance in Pakeman's system impaired his driving ability. Pakeman responded to the Magistrate saying, "I hope the media reports on that."
Also, before the preliminary inquiry began, Senior Magistrate Frazer demanded an explanation from Pakeman and his attorney as why he left the country without getting permission from the court. In February, pictures emerged showing him at an NBA game in the US, and it was revealed that he didn't properly notify the court. He apologized saying that he was under the wrong impression that all he was expected to do was to inform the Senior Magistrate of his intent to travel. He said that he didn't know he had to get permission first.
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