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| Bernandino was fined for the lighter offence of careless driving |
A Filipino who hit a pedestrian with the car he was driving, causing injuries that required hospital treatment, got off with a fine of $4,000 after he was acquitted of the charge of dangerous driving.
Instead, B. Bernandino, 63 years old, was convicted of careless driving -- a charge
to which he pleaded guilty last Jan. 11 when originally asked how he would plea,
but was rejected by the prosecution.
In his verdict today at the Shatin Court after a trial held in March, Magistrate
David Chum gave weight to the opinion of an expert who testified that Bernandino
was driving within the speed limit and the accident happened suddenly.
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| TAWAG NA! |
He noted the expert’s opinion that Bernandino’s only
fault was that he did not extend his head far enough to see ahead of his car as
he was rounding the corner at Hau Tei Square in Tsuen Wan, New Territories, on April 6, 2023.
He was also driving his car close to the curb.
As a result, he did not see pedestrian Wong Lai-kiu early enough and hit
him, causing “grievous bodily harm” that resulted in treatment at the Queen
Elizabeth Hospital.
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| PINDUTIN DITO |
In mitigation, his lawyer said that since Bernandino got his license in
1999, he has never had a traffic violation conviction, except for being made to
pay fixed penalty fines.
The lawyer said Bernandino is a permanent resident, works as a civil
engineer and is active in various community and church groups.
He supports his wife and three children in Hong Kong, as well as relatives
in the Philippines, including his father who has cancer, the lawyer added.
With Chum’s decision, Bernandino got his driving license back, as well as the
$1,000 balance from his $5,000 bail.
When asked about the points deduction on Bernandino’s license as a result
of the accident, Magistrate Chum said, “I don’t have the authority to do that.”
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