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Posted: Thursday 12 January, 2012 at 10:45 AM

Top Read Court Articles for 2011

William ‘Esco’ Benajmin (L) and Shervin ‘Squeaky’ George
By: Suelika N. Creque, SKNVibes.com

    BASSETERRE, St. Kitts – SKNVIBES has reviewed all the articles written in 2011 on cases tried at the Basseterre Magistrate’s and High Courts for 2011, ranging from murder convictions to simple larceny.

     

    Listed below are some of the top read court articles published by this media house for that year.

     

    Romeo Cannonier et al conviction and sentencing appeals

     

    Romeo Cannonier was convicted of the 2007 murder of Police Constable Delvin Nisbett, He was sentenced to death by hanging in 2008 and had his appeal heard in July 2011.

     

    Although he was convicted with compelling evidence, during his appeal, defence counsel Edward Fitzgerald presented five notable points in his argument against his client’s conviction and sentence. He uncovered loopholes in the prosecution’s case and questioned the liability of their witnesses. The prosecution team also brought the evidence of Gavin Gilbert to whom they alleged Cannonier had confessed the crime.

     

    Cannonier also appealed against sentence and conviction of the murder of Gavin Gilbert. He was jointly convicted with Louis ‘Tolool’ Gardener, Ruedeney ‘Deney’ Williams and Sheldon ‘Hatcher’ Isaac and they were all sentenced to death. However, at the appeal hearing their lawyers also presented fresh medical evidence and judgment in this matter is yet to be handed down.

     

    Harvey and Herbert Buggery Conviction and Sentencing

     

    After Mario Harvey and Joseph Herbert were jointly found guilty by a 12-member jury for buggery of a 14-year-old boy with a learning disability, His Lordship Justice Errol Thomas gave them both the maximum sentence and said they were lucky it was only 10 years.

     

    The two men maintained their innocence and begged for leniency. The judge however denied their pleas and told them that the young boy had remembered and recalled the details of the crime.

     

    “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.

     

    Shoe Shine Strikes Again!

     

    In an article headlined ‘Shoe Shine Escapes prison sentence’, Milton Phipps a.k.a. Shoe Shine was once again before the court for stealing items from City Drug Store. He stole two crème relaxers and a mouthwash. Luckily, he was only fined EC$700 for the theft and was represented by one of the Federation’s top counsels, Dr. Henry Browne.

     

    Halfway Robbery Sentencing
     
    Once again His Lordship Justice Errol Thomas did not ease up in passing down harsh sentences on individuals found guilty in his court. Three convicts - Exzavier Elliott (29) of St. Peters, Jervain Rawlins (28) and Phillip Jones (28), both of Tabernacle - who appeared as though they were making a mockery of the judicial system, were sentenced to 17, 17 and 19 years respectively for armed robbery and one count of assault each with intent to rob in Halfway Tree.

     

    Justice Thomas referred to Jones as the “intellectual author and leader of the crime”.

     

    “The court,” he said, “wishes to highlight your absolute stupidity. You drive up a hill to fix a flat tire in some bushes, and you say the trial was unfair? Fixing a tire on a grass patch? This court will have no fear in protecting the law and passing judgment.”

     

    Redbull thief sentenced to four years

     

    Maybe he thought Red Bull would have given him wings. However, Irishtown resident Cavin ‘Big Cheese’ Grant would have to spend four years behind bars reflecting on his crime. Not only did he steal a case of the high-energy drink, but also one case of Sutter Home White Wine, one case of Ting and four bottles of Wild Irish Red Wine, among other items from Warren Bradshaw’s business establishment, Bradshaw’s Centre of Attraction (BCA), located at Central Street. It was a relief for the business owner who said in an exclusive interview that he had lost in excess of $10 000 which include more than 150 cases of bottled beverages that he believed were all taken by Grant.

     

    Female Teen hits police

     

    Nyala Hazel, a 19-year-old of St. Johnson Village, was placed on a nine-month bond for battery on a police. According to evidence on April 13, while three members of the Royal St. Christopher and Nevis Police Force were escorting Kelroy Hazel and Jabari Bart to a police patrol vehicle in the vicinity of Her Majesty’s Prison on Cayon Street, Hazel and a number of other persons were shouting in protest to the arrest of the two men who are said to be her relatives.
     
    Hazel got close to the police officer after making several remarks and struck him in his chest with her right shoulder. She was told by the magistrate that if she violated the bond she would have to pay a fine of EC$1 000.

     

    Stancia Lake’s Manslaughter Conviction

     

    The shooting death of 14-year-old Stancia Lake sent shockwaves through the Federation on August 8, 2009. Razba Matthew, who was a juvenile at the time of the incident, was charged with manslaughter. He was convicted on July 6 by a 12-member jury and was sentenced to seven years imprisonment on July 21.

     

    Popular Educator guilty of fraud

     

    For some time, many people were wondering what would have been the outcome of popular educator and TV host Newrish Nital’s fraud case. Nital was said to have committed the crime on April 1, 2 and 4, 2008 when had presented several United States Postal Service International Postal Money Orders to a cashier at the Basseterre Post Office with intent to defraud.

     

    He was convicted unanimously and, at his sentencing, a number of high profile character witnesses including Solid Waste’s General Manager Alphonso Bridgewater, Dr. Katheleen Ferdinand and Surgeon Cameron Wilkinson who spoke on his behalf.

     

    Nital, who holds a Bachelors of Arts in Chemistry and had taught various subjects to mainly school children, has served as a calypso judge, commentator, writer and also a sports enthusiast. He was sentenced to three years in prison.

     

    Conviction of Esha and Amare Browne

     

    One of the first cases for the January Assizes was that of Esha and Amare Browne who were jointly charged with fraud. They were found guilty on Wednesday, January 26. The prosecution team was led by Crown Counsel Garth Wilkin, who said that on February 4, 2009 the two accused had fraudulently obtained US$800 from the St. Kitts Royal Beach Casino in Frigate Bay in exchange for counterfeit currency.

     

    However, the two were spared custodial sentences and were instead given suspended sentences.

     

    “This is your chance in life to put the past behind you and move ahead in life,” His Lordship Justice Errol Thomas told them. He also told them that the court was in no way downplaying the seriousness of the crime, but he had considered several factors before passing judgment, which included their age, unblemished record, evidence in court and their social reports.

     

    Michelle Weekes-Benjamin Murder Convicts Appeal

     

    It was reported in 2011 that the two men who were charged in the gruesome murder of Michelle Weekes-Benajmin - her brother-in-law William ‘Esco’ Benajmin and his friend Shervin ‘Squeaky’ George - had appealed their convictions.

     

    Benjamin was charged with murder while George was charged with accessory to murder after the fact, after her body was found in the incomplete septic tank of a Rosemary Lane building that was under construction.

     

    Benjamin was sentenced to life for killing Michelle and George was sentenced to 20 years for his role in her death. Their appeal was adjourned until another sitting of the Eastern Caribbean Supreme Court of Appeal.

     

    21-year-old sentenced to 15 years in Prison

     

    And finally, the top read court article for 2011 was that involving 21-year-old Allister Forde of Godwin Ghut who was sentenced to serve 15 years in prison for shooting with intent at Troy McDonald.

     

    Forde was convicted on September 26 for the December 21, 2010 crime. During the trial, McDonald told the court that he was outside his home picking passion fruit when he saw the accused who asked him who he was looking at. An argument erupted between them and Forde disappeared into the Marsham’s home, returned with a firearm and fired two shots at McDonald.

     

    In his probation report, Forde was described as a conceited and anti-social person who lived a life of terrorizing people and as one who is cold and unrepentant of his actions. Although it was his first time at the High Court, he has had a total of eight previous convictions in the Magistrate’s Court.

     

    “There was no gun brought into evidence. The court does not know where the gun went but the evidence shows there was a gun involved. This incident was totally unprovoked,” the judge said.

     

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