Wendell Varlack found Guilty

Wendell Varlack makes his way inside the High Court. (Photo: Fareeza Haniff)

A 7 – 2 jury this afternoon, Thursday February 16 found 59 – year – old Wendell Varlack guilty of causing the death of 22 – year old Tofficah Thompson by driving dangerously.

The jury returned their verdict at 2:47 pm, after deliberating since 10:30 am this morning.

As a result of the verdict, Varlack’s lawyer, Patrick Thompson made an application for bail to be continued until the sentencing hearing for Varlack. According to Thompson, his client is a sickly man, who suffers from diabetes and arthritis.

The lawyer also pointed out that since April 2010, Varlack’s license has been suspended and he has surrendered all his travel documents. The Crown, which was led by Jude Hanley, did not object to bail. As such, High Court Judge, Justice Rita Joseph – Olivetti continued Varlack’s bail until his sentencing hearing on March 2.

Varlack was charged with the offense of causing death by dangerous driving. The maximum penalty for such an offense is 5 years imprisonment.

Yesterday, Wednesday February 15, the prosecution closed its case and visited the scene of the accident, which occurred on April 13, 2010 at Paraquita Bay.

In his closing address to members of the jury, yesterday Wednesday, Lawyer Thompson said that the critical issue which the jury has to determine is whether the prosecution has satisfied them (the jurors) beyond a reasonable doubt that Mr. Varlack did in fact drive in a dangerous manner on the night of April 13, 2010 so as to cause the death of Tofficah Thompson.

“That’s the real issue in this case is whether Mr. Varlack drove dangerously; it’s not whether Tofficah died as a result of the accident or whether Mr. Varlack was the driver of the vehicle that collided with her. What the Crown has to make you feel sure of, beyond a reasonable doubt, is that Mr. Varlack drove in such a dangerous manner that he caused Tofficah’s death. They must satisfy you that he did something that was dangerous. This case isn’t about the consequences of his driving. This case isn’t about the fact that Tofficah Thompson is no longer with us,” Thompson said.

He urged the jurors to look objectively at how Mr. Varlack’s drove his vehicle that night and decide whether he failed to exercise the care expected of a reasonably prudent driver on that particular road at that time of night. 

“Driving in and of itself isn’t unlawful. What the Crown has to prove beyond a reasonable doubt is that Mr. Varlack’s driving on that night was dangerous to the public and other road users. Looking at the evidence which was presented to you, we say that the Crown have failed to satisfy you that Mr. Varlack drove in a dangerous manner,” the lawyer argued.

The lawyer asked the jurors, “If it wasn’t for the collision with her (Tofficah), can you say he was driving dangerously?
The allegations against Varlack state that on the evening of April 13, 2010, Tofficah Thompson was in the vicinity of the Paraquita Bay public road on the seaward side, while her boyfriend was on the other side at the Agriculture Department. Thompson had just finished attending classes at the HLSCC.

Thompson then proceeded to cross from the seaward side to the other side where her boyfriend was standing. At the time, a vehicle headed towards Road Town stopped to allow her to pass, while another vehicle coming towards east also stopped to allow the young lady to cross the road.

However, as she was crossing, another vehicle which was driven by Varlack came from the eastern direction and according to the crown, it is alleged that Varlack was speeding at the time. Varlack then overtook the vehicle that had stopped to allow Thompson passage. In overtaking the vehicle, he hit Thompson, who landed on the vehicle's bonnet.

It is alleged that during this time, Varlack did not stop and continued to drive with the young lady on the bonnet. The allegations state that as he swerved to go on the other side of the road, Thompson was pitched off the bonnet and flipped some five times before landing on her head.

Varlack then stopped and parked the vehicle in the area by the taxi shed. Thompson's boyfriend ran to her assistance, but as he called her name she was not responding and he immediately called 911.