For the next four and half years, properties in Barbados will be safe from the clutches of serial burglar Dario Arlington Hollingsworth.

The lifelong criminal will be incarcerated at HMP Dodds for that period, in keeping with the sentence handed down by Justice Christopher Birch when he reappeared in the No. 5A Supreme Court on Wednesday.

Hollingsworth, of No. 42 Golden Rock, Pinelands, St Michael, pleaded guilty earlier this year to entering Deborah Gall’s Golf Club Road, Christ Church home as a trespasser on January 19, 2014, and stealing 12 packs of curtains; 12 boxes of cereal; four tins of sausages; six tins of chips; one pack of linseed; one bracelet; two pairs of earrings; three necklaces; a drill; a screwdriver set; a hammer; a toothbrush set and two chairs. The items were valued at a total $12 962.50. 

In handing down the sentence which had been delayed due to COVID-19 restrictions, Justice Birch pointed to Hollingsworth’s 27 previous convictions and agreed with the starting sentence of 10 years that had been suggested by prosecutor Crown Counsel Keith Robertson.

However, he deducted two years for the systemic delay, one year for mitigating factors, and gave the convicted man a one-fifth discount for his guilty plea.

Hollingsworth did not receive the normal one-third discount because he initially pleaded not guilty and the matter went to trial. It was only during the trial that he changed his plea.

He was also credited with the 265 days he had spent on remand in relation to the offence.

Justice Birch advised the convicted man to take full advantage of the opportunities provided during his period of incarceration.

“Your actual sentence now is four years, six months. Please take the time during this period to take advantage of the educational opportunities and vocational therapy. Make the time work for you, don’t work the time. I wish you all the very best,” Justice Birch told Hollingsworth shortly before he was ushered away to begin his sentence.

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Two men accused of stealing a vending machine pleaded not guilty when they appeared in the No. 4 Supreme Court on Wednesday.

Mark Anthony Scantlebury and Anderson Glenroy Gibbons denied that between July 15 and 16, 2015, they stole a mobile E-topup vending machine valued $24,000 and $1,230 in cash belonging to Cable and Wireless Barbados Limited.

Justice Laurie-Ann Smith-Bovell adjourned the matter until January 19, 2022.

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If he wants to avoid a term of imprisonment Sumunguri Moore will have to look for at least $7000 to compensate the man he injured.

Moore who previously pleaded guilty to causing seriously bodily harm to Shawn Grosvernor, was back before Justice Carlisle Greaves in the No. 3 Supreme Court this morning for sentencing.

When asked by Justice Greaves what sentence he would like imposed on the convicted man, Grosvenor, who was present at court said he would prefer to be compensated for his injuries.

“I would like to be compensated. I have my documents of all the injuries I have, the time that I lost at work while I was at WIBISCO, my daughter I could not provide for her at that point in time. This is three months that I was out of work recuperating,” he said.

“My losses and everything is about $7 000. I also had to borrow money at that point in time to get my injuries dealt with because of not being able to work I could not pay the dentist, I could not pay the doctors for my finger and the injuries to my head.”

Grosvernor told the court he had been seriously injured in the incident.

“I have a dislocated finger up to now I still cannot straighten. I had 13 stitches to my head and my gums and my teeth were pushed back and I had to get them realigned by a dentist. My mouth was closed for approximately three to six weeks,” he revealed.

The convicted man told Justice Greaves he would be able to pay compensation as he had been offered a job opportunity at a construction company and was also in the process of licensing his farm.

“Mr Moore you have to raise at least $7 000 to pay the man so bring some money and don’t go and rob nobody or anything like that. You have to pay this man compensation regardless of what order I make.

“So you are going to need about $7 000. Get some kind of help and get it close in case I go in that direction. If you are going to save yourself from any jail you are going to need some money,” Justice Greaves told him.

The matter was initially set down for sentencing today by Senior Crown Counsel Rudolph Burnett who informed the court he had not yet received the convicted man’s pre-sentencing report.

Justice Greaves adjourned the matter until January 28, 2022, when Moore will be sentenced.

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Attorney-at-law Lalu Hanuman and his client are at their wits’ end over a land dispute that has been before the court for almost 18 years and is yet to be resolved.

In an interview with Barbados TODAY, Hanuman described the situation as a “travesty of justice”.

The attorney is representing Shirley Nicholls in a dispute over a section of land at Chapel Gap No. 1 Paynes Bay, St James, which has been in the High Court since 2004. Nicholls’ husband was a former tenant of Merna Howard, the appellant in the civil matter. After her husband’s death, Nicholls continued to live on the property and claimed prescriptive rights, having been there for almost 40 years.

Hanuman explained that the case had been before the Court of Appeal, comprising then Chief Justice Sir Marston Gibson, then Justice Sandra Mason and Justice Andrew Burgess since April 2014. To date, there has been no judgment forthcoming.

“In the court system in general, it’s been in the High Court since 2004, so this matter has been before the Barbadian courts for 17 years awaiting a final decision…. and the last seven-and-a-half years the matter has been in the Court of Appeal,” Hanuman told Barbados TODAY.

“President Dame Sandra Mason had been the presiding judge in the Court of Appeal along with Sir Marston Gibson and Justice Andrew Burgess, but everybody has moved on elsewhere and my client is still awaiting justice after 17 years. It is beyond ridiculous and my position is nobody should be promoted to higher office until they have given their judgments prior to departing. That is my personal position.”

Hanuman said what made the situation even more ticklish was the fact that Dame Sandra had been elevated to the post of President of Barbados. The attorney said while the Caribbean Court of Justice (CCJ) had ruled that judges could continue to deliver judgments after they retired, Dame Sandra’s new position could present some challenges.

“The Caribbean Court of Justice has held that they [retired judges] can give their judgments even though they are not judges anymore. Whichever way, there are a number of decisions outstanding. But the CCJ ruled, and this was when she was Governor General, that she was still in a position to give a judgment even though she was no longer sitting at the court,” Hanuman pointed out.

“Personally, I think that breaches the Constitutional Separation of Powers principle very fundamentally, but that is what the CCJ has decided. Whether they will still decide that now that she is President is another matter.”

Back in July 2018, attorney-at-law for the defendant Nicholls wrote to Sir Marston, who was the Chief Justice at the time, querying the status of the matter.

At the time, Dame Sandra was Governor General, and Nicholls had questioned whether a decision was made before she was promoted.

Barbados TODAY has reached out to Attorney General Dale Marshall for comment on the matter.

(randybennett@barbadostoday.bb)

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Judges are considering a proposal to offer a 50 per cent ‘discount’ to accused pleading guilty, in an effort to erase the current backlog in cases still facing the High Court.

The limited time offer, says Justice Carlisle Greaves, is still being discussed by his colleague judges.

Speaking in the No. 3 Supreme Court today, Justice Carlisle Greaves said it was an initiative he suggested and which would mean serious discussion taking place before a consensus was reached.

“I have raised with the other judges, we haven’t fully discussed it yet and we know we have to discuss it, but I raised with them two weeks ago the possibility of, for a limited period of time next year, offering a 50 per cent discount on guilty pleas.

“We haven’t worked out the logistics yet, whether it’s going to be certain matters or all matters, to encourage those who are guilty to plead guilty, especially with all of those old cases that we have and even some of the more recent ones as well for a limited period of time, all in the effort of bringing some semblance of justice to both victim and accused and to the community at large, while at the same time also getting rid of that backlog so that we can focus on doing what we have to do,”

Justice Greaves told several of the Crown’s prosecutors.

“That is something that you should think about and start to toy around with it to see if it might make sense…We have to start thinking modern or not this backlog is going to still choke us.”

He said while significant strides had been made in reducing the backlog of cases, the COVID-19 pandemic had undone those gains.

Greaves, who is well known for his no-nonsense stance and handing down lengthy sentences on capital murder charges and firearm-related offences, further suggested that it may be better to consider offering compensation to victims in less serious cases rather than incarcerating offenders.

He admitted that in some instances adopting a tough stance could prove detrimental to clearing the backlog.
He pointed out that the move to impose fines for firearm-related charges was working.

“We have a crisis in Barbados with this backlog and we might have done pretty well had not COVID come along. My assessment is the most serious of these backlog matters have to do with firearm matters particularly those related to the use of a firearm and in particular murders and that kind of stuff. My view is that those should be given priority.

“The other matters that we have, particularly those that tend to be personal like grievous bodily harm and wounding and some of these other matters, I think that in a lot of cases justice might be better done if we went down the compensation line, which we have been doing anyway, rather than the imprisonment line,” Justice Greaves pointed out.

“If everybody feels that they are going to get locked up for grievous bodily harm and wounding and those other kind of matters they will come in with a bundle of not guilty pleas in cases where they are obviously guilty as sin and delay the court further either in getting them to trial with no real satisfaction or benefit to the complainant who suffered the injuries.

I think we might find that a lot of these complainants are prepared to take some compensation and the accused are prepared to pay some not to go to prison.”

Justice Greaves said once the backlog was cleared judges could go back to adopting a tough stance on all matters.

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If he wants to avoid a term of imprisonment Sumunguri Moore will have to look for at least $7000 to compensate the man he injured.
Moore who previously pleaded guilty to causing seriously bodily harm to Shawn Grosvernor, was back before Justice Carlisle Greaves in the No. 3 Supreme Court this morning for sentencing.

When asked by Justice Greaves what sentence he would like imposed on the convicted man, Grosvenor, who was present at court said he would prefer to be compensated for his injuries.

“I would like to be compensated. I have my documents of all the injuries I have, the time that I lost at work while I was at WIBISCO, my daughter I could not provide for her at that point in time.
This is three months that I was out of work recuperating,” he said.

“My losses and everything is about $7 000. I also had to borrow money at that point in time to get my injuries dealt with because of not being able to work I could not pay the dentist, I could not pay the doctors for my finger and the injuries to my head.”

Grosvernor told the court he had been seriously injured in the incident.

“I have a dislocated finger up to now I still cannot straighten. I had 13 stitches to my head and my gums and my teeth were pushed back and I had to get them realigned by a dentist. My mouth was closed for approximately three to six weeks,” he revealed.

The convicted man told Justice Greaves he would be able to pay compensation as he had been offered a job opportunity at a construction company and was also in the process of licensing his farm.

“Mr Moore you have to raise at least $7 000 to pay the man so bring some money and don’t go and rob nobody or anything like that. You have to pay this man compensation regardless of what order I make.

“So you are going to need about $7 000. Get some kind of help and get it close in case I go in that direction. If you are going to save yourself from any jail you are going to need some money,” Justice Greaves told him.

The matter was initially set down for sentencing today by Senior Crown Counsel Rudolph Burnett who informed the court he had not yet received the convicted man’s pre-sentencing report.

Justice Greaves adjourned the matter until January 28, 2022, when Moore will be sentenced.

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When the matter involving former Lieutenant Coast Guard David Harewood came up in the Court of Appeal today it was adjourned until early next year.

The panel comprising Chief Justice Sir Patterson Cheltenham, Justice Margaret Reifer and Justice Francis Belle, informed the parties that they had not received all of the documents necessary for them to proceed with the matter.

Justice Reifer indicated that she would prefer a date in early 2022 so the case could be heard expeditiously.

As a result, the Chief Justice adjourned the case until January 28, 2022.

Attorney-at-law Vincent Watson, who is representing Harewood, indicated to the court he was rearing and ready to go.
Senior Crown Counsel Oliver Thomas, along with Captain Neville Corbin and Rita Evans, is appearing on behalf of the Crown.

Harewood is appealing his expulsion from the Barbados Defence Force (BDF) more than two years ago.

On June 4, 2019, the 18-year military veteran was dismissed from the BDF after he was found guilty of the charges that he, on an unknown date in January 2018, being a commissioned officer in the BDF, having knowledge of a threat to the life of a junior member namely Ordinary Seaman Marlon

Scott, neglected to inform his superiors of such a threat and that he conducted unauthorised information-gathering operations. He is also found guilty of conduct unbecoming of a commissioned officer in the BDF, between January 1, 2014 and September 30, 2018.

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Argentinian fraudster Joaquin Alberto Lobos will have to spend just over three more months at HMP Dodds before he can return home.

When he reappeared in the No. 2 Supreme Court for sentencing on Friday, Justice Randall Worrell ordered him to spend 96 days in prison.

Lobos, of Caseros, Buenos Aires, had previously pleaded guilty to two counts of theft, in that between July 5 and 8, 2019, he stole a combined sum of $88,070 from CIBC First Caribbean International Bank.

He also pleaded guilty to two counts of money laundering in that he had in his possession $88,070 being the proceeds of crime.

In handing down his ruling, Justice Worrell told Lobos the offences he had committed were so serious that a custodial sentence was required.

“These offences are very serious and can only be dealt with by way of a sentence of imprisonment; that is what this court is indicating to you. The court has also taken into consideration the fact that the funds basically would have been returned to the parties…. The insurance would have taken care of that but it is still a serious matter,” the judge told him.

“This court is of the opinion that the adequate starting point for you in respect of all of these matters is one of four years.”

Justice Worrell noted that four years translated to 1,460 days and Lobos would receive a one-third discount for his early guilty plea which meant 486 days would be deducted.

He then sentenced Lobos to 974 days on each count. However, when the 878 days he had spent on remand were deducted, that left 96 days on each charge.

“The sentence of the court is 96 days on each count to run concurrently from today,” Justice Worrell said.

Crown Counsel Keith Robertson appeared on behalf of the Crown while Queen’s Counsel Andrew Pilgrim represented Lobos.

The post Time almost up appeared first on Barbados Today.

A man who tried to escape police custody because he didn’t want to break his grandmother’s heart was on Friday deemed to have served his time, but he remains behind bars.

Romel Rico Cheltenham, of Stadium Road, Bush Hall, St Michael, was sentenced by Justice Randall Worrell to four months in prison – six months with a two-month discount for his early guilty plea – after admitting to escaping lawful custody with the use of force on November 16, 2017.

That sentence was backdated to November 17, 2017 – the day he was remanded to HMP Dodds on the charge, which meant his time was served.

However, Cheltenham will have to remain in prison as he is serving time for another offence.

Shortly before being sentenced in the No. 2 Supreme Court, he had asked the court for mercy.

“I’m just asking for the lenience of the court. I was in jail for a fairly long time now and I come to my senses. I would really like to go home because I have plans to go home and work. Since I was in prison, I learn various skills so I won’t have to thief nuh more and I am asking for the court’s leniency,” the convicted man said.

His attorney, Angela Mitchell-Gittens, disclosed that her client had already served a six-month sentence for damaging a drink machine during his failed escape.

She asked the court to impose a concurrent sentence.

Crown Counsel Romario Straker also suggested that the sentence be backdated to when Cheltenham first entered prison, saying that he was “deserving of a second chance”.

According to the facts of the case, police received reports about a burglary that occurred on November 9, 2017.

They saw Cheltenham seven days later and informed him that he was a person of interest in that burglary, before arresting him on suspicion.

He was taken to the District ‘A’ Police Station around 7:35 p.m. While sitting in the station, Cheltenham got up from his chair and ran from the room shouting, “I don’t want to go back to prison again. This will break my grandmother heart.”

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Despite remorseful submissions and heartfelt apologies from the three young people who killed David Blenman, prosecutor Crown Counsel Neville Watson today asked the court to impose lengthy prison sentences on them.

In his sentencing submissions, Watson suggested to Justice Randall Worrell that Jamar Antonio Pile and Shaquan Sherwin Omar Crichlow be given life in prison while Faith Angelica Pile’s starting sentence should be 30 years for killing the Barbados Defence Force Private over five years ago.

Jamar Pile, 30, his 25-year-old sister Faith Pile and Crichlow, 24, all of Skeete’s Road, Jackmans, St Michael, previously pleaded guilty to the non-capital murder of the 26-year-old Blenman between November 30 and December 1, 2016.

When they reappeared in the No. 2 Supreme Court this morning, they apologized to Blenman’s family and asked for forgiveness.

They also asked the court to be lenient in its sentence.

“I apologize for this offence I am truly, truly, truly sorry to Mrs Blenman, to Mr Blenman and his sister also. If he had any children I would also like to apologize to them. I apologize to the court, to my family and to my children. I feel as if I failed them so much, I left them at a young age,” a teary-eyed Faith Pile, a mother of three told the court.

“I think I have learned my lesson. I have truly, truly learned and I hope that the court and the family find it in their hearts to forgive me and to also show me leniency.”

She said her being incarcerated had resulted in her having to fight for the custody of one of her daughters.

Her brother Jamar Pile said he was “dreadfully sorry” as it was never his intention to kill Blenman.

“I would like everyone to know that I am not a killer and I honestly regret this has ever happened. Mr Blenman should not have lost his life that night,” he said.

Crichlow pointed to the fact that he had been incarcerated for five years and wanted an opportunity to prove he “is a good man.”

Queen’s Counsel Michael Lashley, who represented Jamar Pile, told the court his client did not deserve imprisonment for life and asked the court to “temper justice with mercy”.

He said his client’s pre-sentencing report indicated he was a good candidate for rehabilitation.

Lashley indicated that a starting point of between 25 to 30 years was adequate.

Angela Mitchell-Gittens, who is appearing on behalf of Faith Pile suggested a starting point of between 15 to 30 years for her client.

She pointed to the fact that her client did not carry out the act which led to Blenman’s death.

Mitchell-Gittens said her client had gone through a “traumatic life” this far, which began with her being abused by family members at a young age.

She said even though her client had been deemed as having a high-risk of re-offending, those issues were being addressed as she was currently enrolled in programmes at HMP Dodds.

Attorney-at-law Safiya Moore, who represented Crichlow, also told the court her client did not deserve to be sentenced to life in prison.

She contended that he was only 19 at the time of the incident and had only gotten involved after Faith Pile, the mother of his unborn child at the time, indicated that she had had some challenges.

However, after listening to the submissions, the prosecutor indicated he would be seeking lengthy prison sentences for the three convicted murderers.

“The murder was committed with a high level of brutality, cruelty, depravity or callousness and the murder involved calculated or lengthy planning,” the Crown Counsel pointed out.

Watson said Blenman’s death had affected his family significantly, so much so that his father opted for early retirement shortly after the incident occured.

The prosecutor also pointed to several aggravating factors which he deemed to be concerning.

He said these included Blenman’s abduction, the significant physical and mental suffering inflicted on the victim before death, the fact that they took his bank cards and stole his money, the fact that they stripped him naked and drowned him and that the offence was unprovoked.

Watson said pre-sentencing reports deemed the three convicted persons as having a high risk of re-offending and in one instance, a medium to high risk.

“It is my submission that with respect to Jamar Pile and Shaquon Crichlow that a term of life in prison is appropriate with a review period of 35 years,” the prosecutor said.

However, both Moore and Lashley objected to the prosecutor’s suggestion that their clients be sentenced to life in prison.

Justice Worrell adjourned the matter until December 17, when he will hear their responses.

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Sean Nathan Patrick-Morris was Tuesday put on notice that if a fine is imposed on him for having an illegal firearm and ammunition four years ago, it will be a hefty one.

The 35-year-old of Maynards Development, St Peter, was given the heads up by Justice Randall Worrell when he reappeared in the No.2 Supreme Court.

Patrick-Morris, alias Shawn Storm, had previously pleaded guilty to having a .45 semi-automatic pistol and 12 rounds of ammunition on September 2, 2017.

In disclosing the facts to the court, Crown Counsel Romario Straker revealed that on the mentioned date, police were carrying out traffic checks along Arch Hall Road when they observed Patrick-Morris driving a brown car towards the St Thomas Parish Church from the direction of Welches.

They signalled for him to stop the vehicle which he did, but he then sped off when they approached him.

A chase ensued but it came to an end when Patrick-Morris collided with three vehicles and stopped on the shoulder of the road.

When police approached him, they saw him in the driver’s seat with a small laceration to his nose. They asked him to exit the vehicle and requested a search of his person.

During that search, they found a white plastic bag containing a silver magazine with three rounds of ammunition in it.

When asked to account for the bullets, Patrick-Morris told police he found them “down Farley Hill in the dirt track”.

He was taken to the Queen Elizabeth Hospital where he was treated for his injuries. After he was discharged, he was taken to the police station.

Police subsequently executed a warrant at Patrick-Morris’ home. While they were searching, he told them there was nothing there and promised to show them where he “had thrown the gun”.

He then directed police to Arch Hall, St Thomas where he pointed to an area on the eastern side of the highway and said: “This is where I pelt out the gun.”

Police searched the area and found a black pistol.

When Patrick-Morris was asked if he had anything to say, he told police: “That gun is mine. I pelt it out when my car crash. I had that gun for my protection cause my car get shoot through about two years ago in Speightstown.”

The facts were accepted by attorney-at-law Angela Mitchell-Gittens, who represented Patrick-Morris.

Mitchell-Gittens waived the right to a pre-sentencing report but informed the court she would be calling several character witnesses on her client’s behalf.

When Justice Worrell asked Patrick-Morris if he had spent any time on remand in relation to the offence, he indicated he had only spent a short period.

The judge then told him that based on that fact, his fine would be substantial if the court decided to move in that direction.

“Well you know if you didn’t have a lot [of time on remand] if other questions are being asked of the court you better have a lot of something else,” Justice Worrell told him.

Patrick-Morris then indicated he was presently working two jobs.

Justice Worrell adjourned the matter until January 13, 2022, when the character witnesses are scheduled to be present.

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A man accused of murder pleaded not guilty to the charge when he appeared before Justice Pamela Beckles in the No.5 Supreme Court on Tuesday.

Shamar Omar Ishmael, of 1st Avenue Jackson, St Michael, denied that he murdered Calvin Brewster on October 7, 2016.

Brewster was shot in the back of his head and subsequently succumbed to his injuries at the Queen Elizabeth Hospital.

Principal Crown Counsel Krystal Delaney and Crown Counsel Danielle Mottley are appearing on behalf of the Crown while Brewster is represented by Safiya Moore.

Moore indicated to the court that she would be seeking a voir dire in the matter.

Justice Beckles adjourned the matter until March 14, 2022, when the trial is expected to commence.

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Thursday is D-Day for convicted rapist Kinchar Lavone Mascoll.

That is the day Justice Randall Worrell will sentence him in the No. 2 Supreme Court for raping a 15-year-old girl on December 1, 2015, and a 43-year-old woman two weeks later on December 17.

When Mascoll, alias Rhino or Monkey Man, of Drax Hall Jump, St George, reappeared in court on Tuesday, his time spent on remand at HMP Dodds was read in.

It was revealed that Mascoll had so far spent 2,172 days on remand.

Senior Crown Counsel Olivia Davis is appearing on behalf of the Crown while Queen’s Counsel Michael Lashley is representing Mascoll.

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A High Court judge erred on the side of caution and adjourned a matter involving a Dutch national until an interpreter is available to assist him.

The decision was taken by Justice Pamela Beckles when the matter involving Harold Vernon Cristobal Sint Jago came up in the No. 5 Supreme Court.

Jago, who is from Klepperdans, Holland, is charged with possession of a 9mm Luger pistol and 13 rounds of ammunition on June 22, 2021.

However, in the process of being arraigned, it was revealed by Ken Mason, who is representing Jago in association with Queen’s Counsel Michael Lashley, that English was not the accused’s first language.

“English is not his first tongue, so if you can take your time reading the charge because he speaks Dutch,” Mason told the court.

Principal Crown Counsel Krystal Delaney, who is prosecuting the case along with Crown Counsel Danielle Mottley, then objected to him being arraigned.

“If that is the case, I don’t think that we should arraign him now,” she said.

Mottley then indicated to the court that an interpreter was present at a previous hearing to assist Jago.

When Justice Beckles enquired as to if an interpreter was present she was told none was.

“It doesn’t appear that way. The matter will have to be adjourned and we will have to ask the Registrar to assist us in getting an interpreter,” Delaney replied.

Despite attempts by Jago to plead guilty to the two offences, Justice Beckles told him an interpreter would have to be present for the court to accept his plea.

“No, no. They believe that you are in need of an interpreter so we’re going to have to adjourn in January,” Justice Beckles told him.

But Jago insisted he wanted to plead guilty and pay a fine.

“We’re not here with respect to sentencing so you can’t indicate what your punishment is going to be. There is no guarantee,” Justice Beckles informed him.

“In the past, with respect to bail, you seemed to clearly understand everything we were saying and we didn’t have an interpreter. But since this is now the arraignment, we’re going to err on the side of caution and have the interpreter present. Unfortunately, this is the last week and the interpreter most likely won’t be here this week so we will have to wait till January.”

However, the matter was stood down and after a brief delay, Delaney informed the court that an interpreter would be available on Friday.

Justice Beckles then adjourned the matter until then.

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Guilty pleas entered by two brothers accused of serious bodily harm were not accepted by a High Court judge, after the siblings claimed they had acted in self-defence.

When Enoch and Nathaniel Taitt appeared in the No. 5 Supreme Court, they were arraigned and initially pleaded guilty to doing serious bodily harm to Simon Foster with intent to maim, disfigure or disable him or to do some other serious bodily harm, on November 22, 2018.

However, Enoch subsequently told Justice Pamela Beckles that while they had committed the offence, they did so in self-defence.

On hearing that, the judge told the brothers she could not accept their pleas, based on those circumstances.

“Your plea should be not guilty if you are saying self-defence. If you are saying that the person attacked you and that you were acting in self-defence, then you should be saying ‘not guilty’ and proceed to trial and see if the jury believes you or not,” she said.

The Taitt brothers then pleaded not guilty to the lesser count of unlawfully and maliciously inflicting serious bodily harm on Foster.

Crown Counsel Danielle Mottley is appearing on behalf of the Crown while the two accused are unrepresented.

Justice Beckles has set July 11, 2022, as their trial date.

The post Guilty pleas rejected appeared first on Barbados Today.

Maintaining that society needed to be protected from serial rapist Kinchar Lavone Mascoll, Justice Randall Worrell today imposed three lengthy sentences that will keep him behind bars for the next 30 years.

Noting that Mascoll had “destroyed the life” of a then 15-year-old virgin and then two weeks later violated another woman by raping and buggering her, Justice Worrell “threw the book” at him.

He sentenced him to 30 years, 259 more days for buggering the 43-year-old woman on December 17, 2015 and 24 years, 15 days for raping her on the same date.

Mascoll was also sentenced to 24 years and 15 days for raping the teenaged girl on December 1, 2015.

The sentences will run concurrently.

During the over hour-long sentencing today in the No. 2 Supreme Court, Justice Worrell condemned Mascoll for his actions.

“On December 1, you committed one rape. On December 17, the same month, you go and commit another rape. If society clearly hadn’t to be protected from you before it is crying out, not only the seriousness of the offences, but it is crying out that you are someone society has to be protected from because within the space of 16 days you commit the act of rape twice,” Justice Worrell told him.

He also pointed to the fact that Mascoll had 15 previous convictions and had been sentenced to 15 years in prison on another rape charge.

Justice Worrell said he believed a starting point of 45 years for the offence of buggery was adequate and increased it by a further 10 years to 55 years when the aggravating factors were taken into consideration.

He said Mascoll struck the woman with a bottle, dragged her into a bushy area as she begged for her life and proceeded to have vaginal and anal sex with her.

“That is the trauma. How aggravating can that be? Not only is she violated but she begs for her life and is assaulted…And not only were you content to have your way with her in her vagina but you decide per anus,” Justice Worrell said.

He said 55 years translated into 20 075 days and Mascoll would receive the one-third discount for his early guilty plea, reducing the sentence to 13 384 days.

The 2 175 days which he has spent on remand at HMP Dodds were also considered, further reducing the sentence to 11 209 days or 30 years, 259 days.

On the other count of raping the 43-year-old woman, Justice Worrell determined a starting point of 35 years which was also adjusted upward by 10 years when the aggravating factors were considered.

After the deductions for his early guilty plea and time spent on remand were made, it left Mascoll to serve a sentence of 8 775 days or 24 years and 15 days.

In relation to the rape of the 15-year-old schoolgirl, Justice Worrell referenced a victim impact statement in which she said she had been traumatized by the incident and described it as “the worst in her life”.

The victim said she was still psychologically impacted six years after the incident and had been placed on suicide watch as a result.

“All of these, Mr Mascoll, are the legacies of your actions and these make this offence extremely serious and these factors are extremely aggravating…Her life basically from what has been indicated in the victim impact statement, her life basically as she knew it was destroyed at the age of 15, before as the Bajan parlance would say, before she even saw a star pitched.

“This is a young woman who did well enough to go to one of the older secondary schools, found in her school uniform in a disheveled state and that is where her life ended basically on December 1, 2015, as she knew it…She will be troubled for life Mr Mascoll as a result of your actions,” Justice Worrell said while pointing out that he could find no mitigating factors.

He said the starting sentence for that offence was 35 years and was also adjusted upwards by 10 years to 45 years because of the aggravating factors.

Justice Worrell then sentenced him to serve the remaining 24 years, 15 days after the necessary deductions were made.

Justice Worrell said during his term of imprisonment Mascoll would have to enroll in the drug rehabilitation programme, attend the prison’s mental health clinic, undergo counselling to resolve his anti-social behavior and enroll in Arithmetic, English and remedial reading classes.

The matter was prosecuted by Senior Crown Counsel Olivia Davis while Simon Clarke appeared for Mascoll.

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The family of the late Onicka Gulliver want nothing more than for Andrew Harclyde Pollard to spend the rest of his life in prison for killing her.

In giving their victim impact statements today, her mother, sister and niece all asked Justice Randall Worrell to lock away Pollard for what he had done.

Back on October 17, 2020, a jury found Pollard of Mahaica Gap, Green Hill, St Michael, guilty of murdering Gulliver between March 11 and 14, 2014.

The partially nude and decomposing body of the 23-year-old Guyanese national was found in a bushy area at Vaucluse, St Thomas.

When her mother Jacqueline Gulliver-Gibbs took to the witness stand today she repeatedly called for justice to be served.

Under questioning from Crown Counsel Romario Straker, she said life had been difficult since the death of her oldest daughter.

“It has been really hard but we have to cope with it. I want justice. It is justice I need. Every day I does be thinking about her. It’s not easy, it’s not easy,” the distraught mother said.

“I want justice that’s what I want. I would love for justice. I want justice like life in prison because I can’t see my daughter again. I would love that to happen.”

She said her daughter’s death was felt especially during the Christmas season.

Zoey Gulliver, sister of the deceased told the court she never wanted to see Pollard’s face in public again.

She said the incident had been very traumatic for her and she had undergone therapy as a result.

“Really and truly we just want justice. We can’t see she ever again and I feel like he family shouldn’t ever have to see he ever again. I had to do therapy for like almost a year and some because everywhere I turn I just used to feel like he would be coming for me. I don’t know why, but I don’t feel safe with he out here in the same place as me,” she said.

Justice Worrell adjourned the matter until February 4, 2022.

Deputy Director of Public Prosecutions Alliston Seale is appearing on behalf of the state while Sydney Pinder is representing Pollard.

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Jamar Antonio Pile and Shaquan Sherwin Omar Crichlow are both fit candidates for rehabilitation and should not be jailed for life.

Those were the arguments put forward on Friday by their respective attorneys, Queen’s Counsel Michael Lashley and Safia Moore, in the No. 2 Supreme Court, in response to a suggestion by the prosecution that the two should be sentenced to life in prison for their roles in the murder of Barbados Defence Force Private David Blenman.

The 30-year-old Pile and Crichlow, 24, along with Faith Angelica Pile, 25, all of Skeete’s Road, Jackmans, St Michael, previously pleaded guilty to the non-capital murder of the 26-year-old Blenman, between November 30 and December 1, 2016.

On the last occasion, on Monday, Crown Counsel Neville Watson told Justice Randall Worrell that while the State was seeking a starting sentence of 30 years for Faith Pile it was asking for life sentences to be imposed on Jamar Pile and Crichlow.

In her submission, Moore asked the court for an updated psychological report to be conducted on Crichlow. She said the contents of the current psychological report differed from what was presented in an updated presentencing report.

“I do know that Mr Crichlow wanted this matter to be finished this year but the issue of life imprisonment is now on the table…,” she acknowledged

“That was part of my suggestions, whether or not the court would be minded to do an updated report, a psychological assessment…. Nothing in the psychological assessment indicates there needs to be a psychiatric assessment as would have been necessary in some of the other cases where you saw a sentence of life imprisonment imposed.”

There was no objection from Crown Counsel Neville Watson and Justice Worrell agreed that an updated report would be beneficial to the court.

Moore also contended that Crichlow had not crossed the threshold to warrant a life sentence.

She said the three requirements which would lead the court to consider a life sentence were the gravity of the offence, the nature of the offence and the offender’s history.

“Our submissions are that this case does not fall within that category,” Moore said.

“It does not fall within the category of the sentence of life imprisonment. We undeniably acknowledge that it falls within the category of a long sentence, but we are not saying it has reached the criteria of life imprisonment.”

The defence counsel argued that other factors had to be taken into consideration other than just the offence.

She said Crichlow was not unstable, was not a danger to society and had one other conviction for which he completed community service.

In his submission, Lashley told the court that his client, Jamar Pile, did not deserve such a harsh sentence.

Lashley, who has suggested a starting sentence of between 25 to 30 years, referenced a psychological report which had been prepared in respect of his client, which he said spoke favourably of him.

He said the report dated July 2, 2021, identified him as a good candidate for rehabilitation.

Additionally, Lashley said, his client had expressed genuine remorse about the incident.

“The final paragraph of the report is instructive because it says that, ‘therefore, because of his psychological presentation, he is a good candidate for inclusion in rehabilitative programmes which will focus on developing the growth of his vocational and academic skills.”

“The rehabilitative aspect from an expert is saying that we have someone [that] with the necessary counselling programmes or whatever, can re-enter society.”

He also brought to the court’s attention the fact that his client had written a letter to the Office of the Director of Public Prosecutions in 2019 in which he expressed remorse and signalled his intention to plead guilty.

Lashley also raised the fact that Faith Pile, the mastermind of the plot, was only looking at a 30-year sentence.

“There are three persons charged jointly, and this is no cutthroat defence but indeed the female in this matter admitted that more or less she was the mastermind in this matter and the approach to her is different, even when we look at the oral statements of Ms Pile coupled with what oral statements we have from Jamar Pile,” Lashley said.

“We are submitting that Jamar Pile is a candidate for rehabilitation and that the court of itself should place heavy emphasis on rehabilitation of Mr Pile.”

In his short response, Watson told the court that while he stood by his earlier submissions he did not believe the expression of genuine remorse “had the capacity to extinguish the heinousness or barbarity of a crime”.

Justice Worrell adjourned the matter until February 4, 2022, when Crichlow’s updated report is expected to be ready.

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A fine may no longer be on the cards for a Dutch national on gun and ammunition charges.

When Harold Vernon Cristobal Sint Jago returned to the No. 5 Supreme Court on Friday, it was revealed that he had several convictions in his homeland, including murder and possession of a firearm.

Jago, of Klepperdans, Holland, is charged with having in his possession a 9mm Luger pistol and 13 rounds of ammunition on June 22, 2021.

The matter had been adjourned on Wednesday to allow for an interpreter to assist Jago, and one was in attendance when the matter came up on Friday.

A probation report disclosed that Jago had five previous convictions. Among them was a murder charge in 1999 for which he was sentenced to 20 years in prison. He also had a firearm conviction in 1994.

Jago, who is represented by Queen’s Counsel Michael Lashley in association with Ken Mason Jr and Sade Harris, had been angling for a fine on his previous court appearance.

However, on hearing the convicted man’s record, Justice Pamela Beckles told the interpreter to advise Jago that if he was pleading guilty in anticipation of a fine he should reconsider.

“Having had these antecedents read in, if he is not guilty he should enter a not guilty plea and not plead guilty believing that he is going to accept a fine because he may very well not get a fine but may get a custodial sentence, and a lengthy one at that,” the judge said.

After the message was translated to Jago, Lashley indicated to the court that he would need an adjournment to speak to his client in light of the information presented to the court.

As a result, Justice Beckles adjourned the matter until January 12, 2022.

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Convicted manslayer Ryan Omar Samuel will have to wait until the New Year to find out what his punishment will be.

When he appeared in the No. 2 Supreme Court on Friday morning, Justice Randall Worrell indicated that he was following closely the outcome of the appeal taken to the Caribbean Court of Justice (CCJ) by another convicted manslayer, Elliston McDonald Greaves, which could have ramifications for Samuel’s sentencing.

The CCJ has reserved its decision in that case until 2022.

“I don’t know what is going to happen but we have to wait and see,” he told Deputy Director of Public Prosecutions Alliston Seale and defence counsel Mohia Ma’at. “Elliston Greaves may even be more guideline or sideline, I don’t know.”

Greaves pleaded guilty in 2018 to unlawfully killing Callie-Ann Gill – the mother of his seven children – on December 24, 2015. He was sentenced to serve 16 years in prison but after deductions were made, that was reduced to 13 years and 168 days.

However, through his attorney-at-law Dennis Headley, he appealed the sentence claiming it was excessive. The appeal was subsequently thrown out by the Court of Appeal and has now reached the CCJ.

In the case before Justice Worrell, Samuel was found guilty of manslaughter in the shooting death of 25-year-old Charley Dume on April 26, 2014.

The judge has adjourned the matter until January 13, 2022.

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