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The decision was made after a two month inquest into the tragic accident on the Carribbean Island.
The pair were returning from a match in Montego Bay, with fellow team mate Charles Ewan, when a rear tyre blew out and caused the car to overturn in Kingston - the country's capital.
Malcom died from head injuries, Ewan suffered a fractured spine and Whitmore suffered minor injuries to his arm.
Whitmore's lawyer Walter Scott has confirmed that the player would appear for a preliminary hearing next Friday.
All three players featured for the Reggae Boyz in the World Cup finals in 1998.