By Alric Lindsay
Canadian Blockchain entrepreneur Samir Jaffer Bandali, who is alleged to have been involved in a vehicle accident where a cyclist died, appeared before Justice Richards this week concerning an application to dismiss two indictment counts against him. The Court refused the application.
Background
As described in Court, Bandali allegedly went out with two friends to bars in George Town in March 2023.
Allegedly, they left a bar around midnight, and Bandali drove his SUV towards West Bay.
Reportedly, the backseat passenger stated at some point, he heard a loud noise, and the front seat passenger shouted that Bandali had hit someone on a cycle. Allegedly, she began to scream at Bandali to stop the vehicle, which he eventually did.
The cyclist, identified as 38-year-old Abele Hiwet, later died.
When asked about his whereabouts that evening, Bandali reportedly said he had gone to sleep and left his vehicle unlocked, but when he woke up, his vehicle was not there.
Bandali was subsequently arrested on caution and breathalyzed (a reading was returned of 0.152).
The application for dismissal
At some stage, Bandali’s lawyers applied for the dismissal of all indictment counts against him in connection with the cyclist’s death.
The application was based on schedule 85 of the Criminal Procedure Code, which states:
Where a person has had a matter transmitted to the Grand Court under section 85A of this Act, that person may, on any charge or charges, at any time (a) after that person is served with copies of the document containing the evidence on which the charge or charges are based; and
(b) before that person is arraigned and whether or not an indictment has been preferred against that person, apply orally or in writing to the Grand Court for the charge or any of the charges, in the case to be dismissed.
Schedule 85 adds:
The Judge shall dismiss a charge and accordingly quash any count relating to it in any indictment preferred against the applicant, which is the subject of any such application if the Judge is satisfied that the evidence against the applicant would not be sufficient to put the applicant on the applicant’s trial.
After legal arguments were heard for and against the dismissal of the indictments, the Court read the following conclusion:
This is a case about speed and driving in the bike lane at a point in time when the cyclist would have been visible traveling ahead of the vehicle.
It is also a case of driving, having consumed alcohol at speed.
In that way, if you properly direct, you could find that the combination of factors constitute driving which falls far below the standard expected of a careful and prudent driver.
A reasonable jury properly directed could find… the elements of the offense of… causing death while driving, having drink alcohol, having had alcohol have been made out. Consequently, the application for dismissal of those two counts of the indictment is refused.
Bandali’s bail was then extended to Friday, October 18, at 1130, when he is expected to return to Court.
