Cruise Law News : Maritime Lawyer & Attorney : James M. Walker : Walker & O'Neill Law Firm : Admiralty Law, Cruise Ship Accidents & Injuries

BVI Platinum News reports that Roland Allen, the driver of the cruise tour bus involved in the excursion accident in Tortola, was released from prison "after someone successfully posted bail for him."

Earlier last month, Mr. Allen - also known as "Crash Dummy" - was placed on $60,000 bail where he had to pay $25,000 in cash and sign a $35,000 surety.  His lawyer had informed the Court that Mr. Allen did not have the money to make bail.

The question arises who paid the bail?  Was the money gathered by friends or family members?  Or did  anyone acting on behalf of the excursion company or cruise line come up with the money behind the scenes?    

The newspaper reports that Mr. Allen will return to Court on April 21st for another hearing.  His trial on charges for reckless driving leading to the death of a Princess Cruises passenger and multiple injuries to other passengers will be scheduled later this year.

We have written many articles about this case. 

Do you have information regarding the source of the bail money?  Please contact us. 

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BVI Platinum News reports that Roland Allen, the driver of the bus carrying Princess Cruises passengers on an excursion into Tortola, cannot make the $60.000 bail and will remain imprisoned.

The article shows a photograph of Mr. Allen, nicknamed "Crash Dummy," wearing a red sport shirt, waving with his mouth open. It is not the type of photo I would want if I were a criminal defense lawyer and my client stood accused of causing death by reckless driving.  He looks like a jokester.

The prosecutors are still preparing the case for trial. The article mentions that the prosecutors are  awaiting statements from U.S. witnesses. The Magistrate scheduled another hearing for April 21st.  

Mr. Allen's lawyer requested a modification of the bail.  The Magistrate said no.  So "Crash Dummy" remains in jail.

We have written many articles on this sad case,

Credits:

Photograph                    BVI Platinum News

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A reader sent us a link to the photograph below which, if you have been following our blog for the past month, you should recognize is the site of the tragic cruise excursion bus accident in Tortola in February.  One young man died and several other passengers from a Princess Cruises cruise ship were injured as the bus sped down "Windy Hill" road and crashed into the side of the hill before flipping over in the road.

Although the accident occurred almost one month ago, rocks and debris remain on the road.  In a post entitled "Not My Job Mon," several readers of Travel Talk Online have commented on the embarrassment of the government of Tortola being unable to clean up the accident site over the past many weeks. 

One reader commented: "Maybe the "Crash Dummy" could clean it up in his orange jump suit!! That is crazy!!"

You will recall that "Crash Dummy" is the cruise excursion bus driver, Roland Allen, who is in jail awaiting trial for dangerous driving.  We have covered Mr. Allen's driving record and criminal record in previous blogs.  

It is unacceptable that a cruise line like Princess Cruises would use an old bus driven by a known reckless driver with a criminal record. 

Tortola's tourist board convened press conferences following the deadly bus crash and promised to look into this accident.  They vowed to improve the safety of the taxis and buses carrying cruise passengers and other tourists. 

Is this just happy talk to appease the cruise lines? 

Why hasn't the tourist board erected a memorial on the side of the road to remember the young man who died?   Why hasn't Tortola installed "caution" or "slow down" signs on the hill to remind other drivers to be careful?

Or at least pushed the rocks off the road to avoid other accidents?     

Credits:

Photograph     Travel Talk Online 

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BVI Platinum News reports that cruise excursion bus driver Roland Allen is in trouble with the Tortola police again.

Mr. Allen - known in the community as "Crash Dummy" - was the driver of the green excursion bus which crashed on "Windy Hill Road" on February 24, 2010  while transporting cruise passengers from a Princess Cruises' cruise ship.  One cruise passenger died and multiple others were injured.

A few days before the bus accident, a theft occurred when someone broke into a home and stole various items including a laptop computer. Mr. Allen's girlfriend, one Emesha Henry, came into possession of the stolen laptop. The newspaper reports that  Ms. Henry resides from time to time at Mr. Allen's apartment.  It is less than clear from the article whether Mr. Allen or his girlfriend or someone else committed the burglary.

According to this news source, when police arrived on the scene of the excursion bus accident, the police asked Mr. Allen about his girlfriend.  Later, a police officer overheard Mr. Allen speaking on his cell phone.  As it turns out, Mr. Allen had called his girlfriend and told her to remove a stolen laptop computer from his apartment and hide the stolen item in a vehicle parked outside.

The police thereafter arrested Ms. Henry and charged her with handling stolen goods. A trial is scheduled for June 2, 2010. There is no indication in the news article that Mr. Allen was charged with any wrongdoing, although it would appear that he should be charged with aiding and abetting his girlfriend in the criminal offense if this story is accurate.  

Another article in the BVI News reports that the police suspect Mr. Allen to be involved in the burglary.  The article reports that the thief stole "gold plated earrings, gold rings, gold ankle chain, a lap top, a notebook computer, designer handbag and a silver ring . . ."

We have reported on Mr. Allen's troubles in prior articles:

How Did Princess Cruises Excursion Bus Driver "Crash Dummy" Earn His Nick Name? - Why Does He Have A Police Record? 

Did Princess Cruises Check the Driving Record of Excursion Bus Driver, Crash Dummy? 

Brake Malfunction? Defense Lawyers for Princess Cruises and Bus Driver Disagree on Cause of Tortola Excursion Accident 

Police Arrest Driver of Princess Cruises Excursion Bus In Tortola 

The readers to the BVI Platinum News article are having a field day with Mr. Allen's involvement in this alleged crime.  To say the least, it is repugnant that "Crash Dummy" was engaged in such conduct as a cruise passenger was dying following the crash.

"Cindy" writes: "If this is the case, how many more unsolved robberies or more serious crimes is this young man responsible for?"

"Got a side job?" writes: Seems like "crash" also goes by the name of "smash and grab."

"Good job" writes: "What a call to make after your driving just caused a man his life!!!"

In the comments to the BVI News article, Mr. Allen is referred to as "crash" and "smash and grab," and his girlfriend, Ms. Henry, as "crash chic."   

Credits:

Roland Allen  photograph    BVI Platinum News
 

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BVI News and BVI Platinum News continue their excellent coverage of the tragic and deadly crash of the  Princess Cruises' excursion bus in Tortola, British Virgin Islands (BVI) with an article entitled "It could Have Been Worse."

PR Nightmare

The BVI Tourist Board is trying to manage the public relations nightmare of the death and multiple injuries of U.S. cruise tourists on a bus with no seat belts being driven by a bus driver with an arrest history and prior conviction record for reckless driving nicknamed "Crash Dummy."

The Director of the BVI tourist Board, Ms. Hadassah Ward (photograph below, left), is struggling with crisis management efforts following this debacle.  Ms. Ward scheduled a press conference yesterday where she announced that "it could have been worse."

I'm not sure I understand exactly how it "could have been worse."

A young man died needlessly on a cruise excursion, purchased by his loving parents for his birthday, because of the obvious negligence of the excursion company and cruise line which saw fit to associate itself with a substandard tour company which hired a known reckless driver nicknamed "Crash Dummy" operating a bus not suited for mountainous terrain.

Ms. Ward should have said "this should have never happened."

Instead we see Ms. Ward and her "Tourist Board" worrying about the image of her island and fretting about the press and the blogs covering the tragic story.

Muzzle the Press?

Ms. Ward announced that "one of the Board’s role is to monitor the media  . . .  to ensure accurate information is being disseminated.  Ms. Ward  also said she would monitor the "posted pictures of the accident . . . because it will be there for the next 10 to 20 years . . . "

Mr Ward is quoted as saying: "everyone is reading the blogs and newspapers… so we don’t want the information to be misconstrued where people will be affected in terms of liability . . . we need to understand that the blogs are read internationally."

She also noted that "good attitude from the Tourist Board officials" quelled any videos and photographs from being circulated online by the 16 tourists who were involved in the accident.

Ms. Ward concluded her remarks by stating "I am a great believer in letting the story die naturally . . ." 

This is the essence of tourist boards and cruise line PR people - they just want the story to go away.

We reported in a prior blog that this is not the first cruise bus excursion to run off the road and injure cruise passengers in Tortola - "Brake Malfunction? Defense Lawyers for Princess Cruises and Bus Driver Disagree on Cause of Tortola Excursion Accident."  Nothing was done after that disaster. 

History is repeating itself.  

Let's Be Happy & Forget about It

So we have the Tortola Tourist Board trying to puzzle the press and control the images of the tragedy for PR purposes. 

And the island and cruise line people behind the scenes just want the story to die naturally . . . 

And then what? 

Another season of substandard buses, with no seat belts, with reckless drivers . . . and another round of unsuspecting cruise passengers taking their families on the next bus driven by a "Crash Dummy"   . . .  

Comments From Tortola:

Here are some of the comments to the BVI News story that the Tortola Tourist Board is concerned with:

An accident waiting to happen is no accident. Hiring a driver with driving infractions and one of which was reckless driving to operate your tour bus is irresponsible and negligent. The owner of the tour bus too, is guilty of negligence which contributed to this vehicular homicide. Just because these tourists were given a heap of hush money as incentives not to file a lawsuit (we hope) and to keep things quiet, doesn't mean that TB should be issuing insensitive words " It could have been worse" because frankly, it could not have been worse . .

Could have been worse?? Oh it's just one life....I mean come on. You're talking about insurance and all that...I mean if we have people operating and transporting persons and they have no license to drive or no insurance to operate heir vehicles then we have a very serious flaw in the system! Don't give me that could have been worse story. With as much violations this guy should he even be driving much less responsible for transporting this many people? These are peoples lives we're talking about! 

License or no license, hiring a driver with a record of driving infractions including reckless driving, whose nickname is Crash Dummy should be good reason to revoke his license to operate a tour bus. Lackadaisical, slackness, don't care with attitude are words to describe the way business is conducted in this place from top to bottom.

March 11, 2010 Update:

Two newspaper stories from Tortola today address the efforts of the Tourist Board to assist the parents of the deceased cruise passenger, Mr. Rumphrey.  The BVI News has an article "BVITB Reports on its Efforts to Assist Family of Tourist Killed in Road Accident."  The BVIU Beacon also reports on the Tourist Board's efforts to assist the affected passengers in an article "BVITB Aids Family of Man Killed in Wreck."  Ms. Ward is quoted saying: "Yes, bad things do happen in paradise, but when they do happen, you have a support group.”

Credits:

Photograph of Ms. Ward         BVI News

Photographs of bus                   BVI Platinum News    

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A story in the BVI Platinum's newspaper indicates that the cruise excursion bus driver Roland Allen, nick-named "Crash Dummy," had been convicted of driving offenses - including reckless driving - before the ill-fated Princess Cruises excursion bus crash. 

We suspected this, as we raised this issue in a prior article "How Did Princess Cruises Excursion Bus Driver "Crash Dummy" Earn His Nick Name? - Why Does He Have A Police Record?"

Compelling Record of Bad Driving?

In an article " Allen's License Suspended, Independent Mechanic to Examine Bus," the newspaper reveals an exchange between the bus driver's lawyer and the criminal Magistrate presiding over the matter. The lawyer for Mr. Allen pleaded the Magistrate not to suspend Mr. Allen's license.  In response, the Magistrate:

 ". . . lamented that the court was given a conviction sheet of Allen and most of the offences are road traffic offences with one being reckless driving. 'The allegations are compelling' she stated."

The newspaper also reports on a curious plea by Mr. Allen's lawyer who "told the court that tour operator is his only means of income and suspending it will deprive Allen of his livelihood."  This argument ignored the fact that the cruise line had already suspended the tour in question, the "Tropical Forest Hike and Beach" excursion, as previously reported in USA Today.  The Princess Cruises' website states: Tropical Forest Hike & Beach***Cancelled***

The Magistrate ruled that given Mr. Allen's previous convictions, "it is not wise to allow him to return behind the wheels." 

Was It Wise to Permit "Crash Dummy" Behind the Wheel In The First Place?

Cruise lines have certain legal duties to their passengers.  The cruise line must conduct an investigation into the safety procedures of the tour company and audit the tour's safety record.  This includes not only inspecting the excursion company's buses but inspecting the driving records of the tour company's drivers.  Cruise lines also have a duty to warn passengers of dangers which are known, or should be known, to the cruise line.

Princess Cruises advertises the excursion bus going to the "highest peak in the Virgin Islands."

Why did the cruise line permit a driver - known in the community of Tortola as "Crash Dummy" and reportedly convicted of reckless driving - take cruise passengers through this steep mountainous terrain?  Why didn't the cruise line warn its passengers of these dangers before charging them $59 a piece for the excursion?

Credits:

Tropical Forest Hike and Beach         Princess Cruises

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In an article entitled "Taxi Driver Granted $60,000 Bail - License Suspended," BVI News in Tortola, British Virgin Islands (BVI) reports that the driver of the Princess Cruises excursion bus arrested for reckless driving and causing death by reckless driving has been offered bail in the amount $60,000.  The Magistrate set bail of $25,000 cash and a $35,000 surety.

BVI citizen Roland Allen was arrested following the crash of a bus carrying cruise passengers from a Princess Cruise ship on an excursion into Tortola. The accident occurred as the cruise excursion bus was descending a very steep road called "Windy Hill Road." 

The Magistrate suspended Mr. Allen's license, pending the outcome of his trial regarding the death of cruise passenger Aaron Rumphrey who died in the crash.  

The BVI News reports that Mr. Allen's next court appearance is March 25, 2010.

"Crash Dummy" Arrested For Theft?

BVI News previously reported that the excursion bus driver is known as "Crash Dummy," a nick-name Mr. Allen apparently obtained before the fatal cruise excursion bus accident.

An online "Police Blotter" indicates that "Roland Allen of Baughers Bay" was arrested for theft in July of last year.  There are no details online available to explain the nature of the alleged theft, or how the charges were resolved. 

The comments to the online reports refer to Mr. Allen as "Crash Dummy," suggesting that Mr. Allen's reputation as a "crash dummy" existed before the terrible cruise line excursion accident. 

How Did "Crash Dummy" Earn His Nick Name?

The question remains how and when Mr. Roland earned the unenviable label of being a "crash  dummy?"  Has the cruise excursion driver been involved in other accidents?

A clue may be found in the comments of a reader of the BVI News:

"When you hire a driver that you know (or should know) is a reckless driver, he has been involved with the law several times because of his driving habits and you know that around town his name is "Crash Dummy", and you have not informed unsuspecting customers by placing a sign on the bus "Ride at your own Risk, Dangerous Driver" then you are as guilty and responsible for the outcome and should be in Balsum and your company shut down immediately. You, the driver and the BVI Government share the responsibility for this travesty and the lawsuits will be piling up, no doubt."

Why Did Princess Cruises Permit Cruise Passengers To Be Driven By "Crash Dummy?"

It is an understatement to say that it is reckless for the cruise line to herd unsuspecting cruise tourists into a bus without seat belts to be driven over a steep hill by a driver called "Crash Dummy" with a police record and apparently a history of driving violations.

Mr. Allen's driving record and police history will become a focus of investigators.  We will be discussing this outrageous situation created by Princess Cruises in our next blogs.

A Hero or Villian? 

Another newspaper in BVI, the BVI Beacan, reports that the prosecutors in Tortola intend to prove that Mr. Roland was driving recklessly.  The newspaper quotes the prosecutor saying: 

“The vehicle started to accelerate and despite efforts, the driver was unable to bring the vehicle to a stop . . .  We are claiming that his driving was reckless because he was going at a speed at which he was unable to control the vehicle . . . a loud screeching was heard from the brakes . . .  [Mr. Allen] ought to have known” about any problems with the excursion bus.

However, Mr. Allen's defense lawyer argued to the Court that when his client "started down the hill, he put the bus into second gear but realised there were no brakes. He tried pumping the brakes but the vehicle sped down the hill, not because of Mr. Allen’s actions, but because it was heavy with the tourists’ weight."

“He had no alternative but to put the bus in those ruins. If he’d done anything else he would have gone off the hill. He should be commended.”

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