BASSETERRE, St. Kitts – A teary-eyed James flung his hands into the air, giving thanks and praise to God, grateful and relieved that he escaped custodial sentencing early yesterday morning (Feb. 19).
The 49-year-old was accused of wounding his fellow Challengers resident, Lennus St. Jules, and dismembering him, leaving him without one of his arms. A 12-member jury convicted James of “unlawful wounding” and his son Chesney James - his co-accused - was freed.
At his sentencing hearing held at the Basseterre High Court of Justice, James’ defence counsel Angela Inniss submitted mitigating factors for his consideration in sentencing to His Lordship Justice Francis Belle.
Inniss noted that both the virtual complainant and James are her cousins and they all hail from Challengers Village.
Reflecting on the Challengers community and the foundation on which it was constructed, Inniss spoke of the principles of hard work, the love of justice and showing mercy to others; which she describes as the backbone of that community.
She suggested that these were deeply entrenched within James’ moral fiber and supported her suggestion via the submission of letters and affidavits to His Lordship, which speak to James’ character as a family man, a community spirited individual and as a God-fearing individual.
Letters/affidavits, as Inniss explained, were submitted by former Parliamentary Representative for that area Rupert Herbert and his successor, the Hon. Glen Phillip.
Leader of the People’s Action Movement and Barrister-at-Law Lindsay Grant, as well as a pastor of Rivers of Living Water Christian Centre, Ira Penny, stood before the court and attested to James’ character as a “very faithful”, “always helpful”, “very accessible”, “excellent family man” and “committed” individual.
Grant noted that during his 20 years of practice as a Barrister, he has never been a character witness for anyone but felt that he should do so in this case on behalf of those who would were unable to do so. He also explained that the entire Challengers community, which is tightly knitted, are anxiously awaiting the outcome of the sentencing hearing.
James’s counsel suggested to the court that, as his testimony suggested, he is a Christian and as a follower of the Christian faith, a price must be paid for ones’ actions. She said her client is remorseful over the incident and wishes he could retract that day’s happenings.
Addressing issues of health, Inniss suggested to the court that a custodial sentence would not be appropriate for her client as he – as a doctor’s report explains – is suffering from uncontrolled diabetes and hypertension. She said he currently takes a total of 100 units of insulin per day for his diabetes; which he pays for. The problem which potentially arises, Inniss explained, is that insulin is not factored into the Prison’s budget and James would have to be taken to the hospital daily to be medicated.
Inniss’ verbal submission to the court highlighted a number of issues surrounding the virtual complainant. She reminded the court that, according to a doctor’s report submitted in court, St. Jules is a chronic psychiatric patient. She informed that, in the past, police officers were afraid of and frustrated by St. Jules who went out of his way to dig holes and set traps in his yard which would cause them injury.
Counsel reminded that there is “no facility to house persons who are a danger to us and to themselves” and suggested that, specifically in this regard, there is need for improvement in the Federation’s social system.
During the course of the case, as Inniss elucidated, the facts showed that James, acting as he did, defended himself against St. Jules who was armed with a stick and a bow saw. Regardless, she further explained, James continues to display remorse over what transpired.
His Lordship Justice Francis Belle, after taking aggravating, mitigating and other factors into consideration, noted that having heard James’ character witnesses, he concluded that “something very serious had to have happened to cause Mr. James to react in the manner he did.” He said there is evidence which suggests that the virtual complainant – who is currently serving a six-year prison sentence for arson – “seems to be known for his provocative nature”. Additionally, the virtual complainant’s injuries, though serious and though they reduce his ability to function, are not life threatening.
James was ordered to pay a compensatory sum of $10 000 in 12 months or serve a prison term of 18 months. His Lordship indicated that this tentative, as, should St. Jules believe that this sum is inadequate, it would be withdrawn, and he would be advised to file a civil suit against James. James was also ordered to pay an $8 000 fine within the next three months or, in default, serve an 18-month custodial sentence.
Post sentencing, James spoke exclusively with SKNVibes and took the opportunity to thank those who supported him during the ordeal.
“First of all, I give God praise and thanks. All glory and honour belongs to Him. Also, I have to give thanks to my wife and children who stuck with me through all of this. I also have to thank my friends and family, Pastor Isaac and the partners of the Rivers of Living Water Christian Centre.”
