BASSETERRE, St. Kitts – AFTER being convicted for receiving, Kerrim Rawlins was spared jail time on Tuesday (May 31) but fined EC$1 000 to be paid in one month or spend one year in prison.
Before receiving punishment for the crime at the Basseterre High Court on Tuesday (May 31), Rawlins told His Lordship Justice Errol Thomas that he was not a gang member and was never involved in any criminal activity.
He also told His Lordship that it was the first time he had appeared before the court and pleaded for the imposition of fine instead of custodial sentence.
Justice Thomas said he wanted the public to understand that receiving is a serious crime and it carries a maximum penalty of 10 years in prison.
“Fortunately for you, this is not a case that deserves custodial sentence and you will be fined EC$1 000, to be paid in one month or spend one year in prison,” Justice Thomas said.
His Lordship also said that Rawlins’ social inquiry report, which was prepared by Probation Officer Jerrold Connor, had a positive reflection.
Being spared a jail term, Rawlins will now be able to celebrate his on June 6.
Rawlins was originally charged with robbery of a 8900 BlackBerry Curve (white) and a gold-filled chain, valued at EC$1 000 and EC$300 respectively. He was also charged with receiving the BlackBerry.
Both items belonged to Allington Berridge.
A 12-member jury however found him guilty of receiving on May 11, 2011 and not guilty of the robbery charges.
The prosecution stated that Berridge was robbed on Seaton Street on the date in question by two men and that one of them was carrying a firearm. However, Berridge was unable to identify who the persons were.
After the prosecution rested its case, Rawlins opted for the witness dock and said he did not rob anyone and that he works hard for what he wants.
He told the court that on August 6, 2010, he had found a BlackBerry phone in the Independence Square fitting the description of the one taken into evidence.
He said that he checked out the phone and saw that it was in good condition and decided to keep it.
Rawlins also said he knew nothing of the robbery and that he was in the process of selling the phone to a co-worker. However, after paying him for the phone, the co-worker had a change of mind and requested a refund.
The Director of Public Prosecution, Paulina Hendrickson, told the accused that the reason why the co-worker changed his mind in purchasing the phone is due to the fact that they realised it could have been tracked by the PIN number.
The second witness in the case, Police Officer Jerry Watts, said on the morning of August 20 he and the investigating officer in the matter, Julius Wyatt, went to Frigate Bay where they met the accused at a construction Site.
Watts said that the accused was told he was being arrested on suspicion of a robbery and they took him to the police station.
A search was done at Rawlins’ Upper Monkey Hill residence in his presence and a number of items were found and taken into custody, including a BlackBerry phone (white) with a blue case fitting the same description that Berridge gave to them.
However, during the trial Rawlins maintained that he had found the phone.
