No blood sample taken from John-John after crash

(CNS): A release from the RCIPS Friday lunchtime confirmed that no blood sample was taken from Labour Minister Dwayne “John-John” Seymour after he was involved in yet another nighttime collision, this time on Anton Bodden Drive on 8 August. The RCIPS said it is reviewing the procedure for testing the alcohol level of drivers after a crash, including if the person is unconscious and not able to give consent.

The Health Services Authority issued a statement late last night outlining the current blood alcohol testing process and defending the HSA staff involved.

The police said that following discussions with HSA Deputy CEO Dr Vinton Douglas, Commissioner of Police Kurt Walton has opened an internal investigation into the circumstances under which a blood sample was not obtained from the driver for investigative purposes following the collision.

A review of section 86 (2) of the Traffic Act, which concerns the circumstances under which a specimen of blood or urine can be taken following a collision, is ongoing, the RCIPS said. In its current form, this section does not address situations where a patient is unconscious or cannot give consent because of his/her condition. The RCIPS policy on testing drivers following a collision is also being reviewed.  

“As such, no further comment on the matter will be made at this time. The investigation into the collision remains ongoing,” the police said.

In its statement, the HSA noted recent media reports involving an HSA physician, the RCIPS and “a political figure”, whom the CIG has identified as Seymour. “We take these reports seriously and are committed to providing transparency on the situation and clarification on the blood alcohol testing process,” the HSA said.

According to the statement, the process for blood alcohol testing for law enforcement purposes has been in place for some time. It begins when the police request a test at the hospital. If the patient is stable and alert, the police explain the legal requirements to them. Then, only if the patient consents, the police provide a testing kit with the chain of custody forms, blood tubes and tube seals.

The patient then signs consent for the blood draw and the tube seals, although it appears they are not obligated to do this. If the patient signs consent, the blood is collected and divided into two tubes, one for the police and one for the patient. The police and the physician both sign the chain of custody forms and then the police send the sample for testing.

The HSA said the process was recently reinforced through a training session for HSA physicians led by the Office of the Director of Public Prosecutions and HSA’s Legal Counsel, who apparently did not notice the holes in the system that allow potentially guilty people to escape justice. The training focused on blood sample provision and section 86 (2) of the Traffic Act. 

This section protects the patient’s rights but does not protect the public from drunk drivers.

The HSA said it “firmly denies any claims that our medical practitioner objected to a police officer’s request for a blood specimen” and blamed the RCIPS for not providing a testing kit on this occasion “as per the established procedure”. The authority did not explain why the doctor did not explain this to the police officers at the time.

“Our priority continues to be maintaining the highest standards of care, professionalism, and integrity in all operations, which includes our physicians’ and staff’s commitment to supporting and cooperating with law enforcement,” the HSA said.

Points that remain unclear include the legal basis for the requirement to get the patient’s consent before the physician can take blood where that patient is suspected of the crime of driving while drunk. It is also unclear why the process of obtaining blood was not repeated after Seymour gained consciousness, since alcohol remains in the blood for twelve hours.

It appears that the minister did not volunteer to give a blood sample to clear his name.

The collision happened 30 minutes after midnight on Thursday as Seymour was driving home in a government-owned black Chevy Tahoe. According to unofficial reports, he had been drinking at a bar.

The police have said that someone made a 911 call to report that a CAT excavator was parked along the roadside on Anton Bodden Drive, Bodden Town, with the excavator arm extending into the roadway. Shortly afterwards, it was reported that a vehicle had collided with the excavator arm.

Two boys were arrested this week on suspicion of moving an excavator and placing the arm into the roadway sometime before Seymour collided with the arm. The police said that a third juvenile male was arrested earlier this week in relation to the excavator involved in the collision.  

See related article: MP not breathalyzed after crashing into pole

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