BASSETERRE, St. Kitts - CLOSE friends and family members were shocked to hear that Donley Saunders received the maximum sentence of seven years imprisonment yesterday (May 17).
Saunders appeared before His Lordship Justice Errol Thomas at the Basseterre High Court for sentencing, having been found guilty of fraudulent conversion by a nine-woman-three-man jury on April 5, 2012.
Saunders, before hearing his fate, threw himself at the mercy of the court and, with tears streaming down his face, humbly asked the Court to be lenient on him.
He maintained his innocence, while stating that he accepted the verdict of the jury but would be seeking to appeal his conviction.
Saunders was represented by Attorney-at-Law Terry Byron who begged the court to have mercy, suggesting that probation would be the best sentence given his clients' age and the nature of the crime committed.
The Social Inquiry Report, which was prepared by Probation Officer Gerald Connor, stated that it was a tremendous movement by Saunders to have worked hard over the years to become and outstanding citizen.
The report also stated that Saunders has a strong bond with his children both biological and non-biological.
His Lordship, before passing sentence, told Saunders that he was the author of his own misfortune.
"There can be no excuse for what you did and you have shown no remorse for it, and you ask for leniency? How would that equation work?" he asked.
Justice Thomas said that Saunders is not the average man with little or no education but rather, a man with vast experience.
"There is one law for all persons whether educated or not...Wrong is wrong and dishonestly is dishonesty...It would be unjust and unfair for crimes of this magnitude to go in the way your Counsels want it to," His Lordship explained.
The judge said that the virtual complainants, on more than one occasion, offered Saunders a chance to resolve the matter which he ignored "and now all these pleas to be lenient on you".
"How can the Court now be lenient on you? You are the very epiphany of success in society...Probation? A man of 60 years? A man who spent 28 years in a managerial position? You deserve no mercy!"
Saunders was then sentenced to seven years with hard labour.
Saunders was charged with fraudulent conversion, an offence that was committed during the period of June 2007 to May 2008 where Saunders is said to have used monies entrusted to him by American couple Thorton Tayloe Perry and Suzan Perry to be applied to the construction of two dwelling houses at Turtle Beach for other purposes.
The St. Peters resident is said to have fraudulently converted EC$273 512.50 of the EC$403 230 of the Perrys’ money that was entrusted to him for his own benefit.
It is said that Saunders created a fictitious company, Wallace & Duporte Trucking Excavating & Concrete Ltd., and wrote a total of 17 cheques to that company, cashed the cheques and used the monies for his personal use.
