Prime Minister Bruce Golding (blue shirt) looks on as the Ford truck that plunged into a ravine, killing 14 people, in Dam Bridge, Portland, is pulled back up to the narrow road by a crane on Saturday, December 20, 2008. - File

THE LAWYER of the driver in custody, following the tragic accident where a truck plunged over a precipice in the Rio Grande valley killing 14 people two weeks ago, is calling police actions against his client illegal.

According to Carl McDonald, his client, 31-year-old Christopher Devon Clarke, has been held in custody without being charged for longer than is legally allowed.

"Should the police fail to charge my client by the end of today (yesterday), I will be filing a habeas corpus writ in court for his release," McDonald said during an interview with The Sunday Gleaner.

Yesterday, detectives from the Criminal Investigative Branch took Clarke, a mechanic, through intense sessions of questioning after he had gone through three days of counselling, conducted by trained personnel attached to the Jamaica Constabulary Force.

Clarke had turned himself in on December 29 about 2:15 a.m., accompanied by his lawyer after 10 days on the run.

Yesterday, McDonald said there were indications that Clarke could be charged, following the conclusion of questioning, but was confident he would be absolved of all blame for the horrific accident.

"My client has not committed any offence," he said. "It is a well-known fact on the day of the accident, which was a very unfortunate one, the roadway just simply broke away, and there is nothing anyone could have done at that time to prevent the roadway from crumbling."

Seven persons survived the accident including Lynford Jackson, who is still at the St Ann's Bay Hospital, recovering from a fractured arm and leg.

On the day of the accident, a market truck, transporting vendors and farm produce to Coronation Market in Kingston, plunged over a precipice at Dam Head bridge in the Rio Grande valley with 21 persons on-board. The police have described the accident as the worst in 30 years.

The 14 people killed in the accident were from the communities of Mill Bank, Ginger House, and Comfort Castle, respectively.

Isaac Bernard, maroon spiritual leader and well-known abeng blower from Comfort Castle, Portland, lost four relatives in the accident. - Photos by Paul Williams