BASSETERRE, St. Kitts – BEFORE passing sentence at the Basseterre High Court today (June 6), His Lordship Justice Errol Thomas told buggery convicts Mario ‘Antonio’ Harvey and Joseph ‘Baa’ Herbert that they were fortunate the maximum sentence for their crime is only 10 years, or they would have received more.
The self-represented men were convicted on Tuesday May, 17, 2011 by a 12-member jury for the crime which occurred sometime between July and October 2010.
The two were found guilty of committing the abominable act on a 14-year-old boy whose learning ability is less than that of a kindergarten pupil.
During the sentencing, Harvey asked the court for leniency and said he was sorry he became mixed up in the matter because “people could frame you and say all manner of evil against you”, while Herbert said he is the bread winner for his 81-year-old mother and that he had to assist in taking care of her.
His Lordship said that the evidence against both accused wes of high quality and credibility and that the crime was a “very sick and ungodly act”.
“What stands out in my mind is that you, Mr. Harvery, buggered the child on one day and he was bleeding and you went back to do it the following day,” the Judge said.
According to the social inquiry report prepared by Probation Office Wingrove George, Harvey was described as a “very sick human being who behaved as if he was a victim of the matter and accepts no wrong”.
Of Herbert, the report read that he appears as if he takes pleasure in that sort of business and all that he is concerned about is himself.
A seemingly disgusted Justice Thomas told both accused that the child remembered the details of the acts and mentioned the use of baby oils and pink lotion.
The judge recalled their previous convictions and said that Harvey in 1993 was sentenced to 15 years for unlawful carnal knowledge, while Herbert was sentenced to seven years in 2003 for buggery.
“And you two have the audacity to come into this court and ask for leniency? Well, I can tell you straight up, there will be no leniency,” Justice Thomas said.
According to the medical evidence presented in court, the child suffered from genital warts as a result of the acts.
“The evidence is only against these two men that interfered with the child. And after committing those crimes, even without time for reflection, you are at it again.
“There will be no mercy! You are two despicable individuals! How can you take a child and carry him all over the place? You are lucky the maximum sentence is only 10 years, because I would have given you more! Society needs to be protected from men like you!” Justice Thomas sternly said.
After making his ruling, His Lordship demanded that the men to be removed from his court immediately.
