BASSETERRE, St. Kitts – JUDGMENT was passed yesterday morning (Jul. 8) at the Basseterre High Court against Basil Brade of East Street and Derrick Newton of Mad House Alley, Newtown after they were found guilty of unlawful wounding on the previous day.
His Lordship Justice Francis Belle fined the men $4 000 each to be paid in six months or, if in default, 18 months imprisonment. They were also ordered to jointly pay $10 000 to Patrick Hanley as compensation for his injuries. This amount has to be paid within 10 months or they would each have to serve a two-year prison sentence.
The facts presented in court were that Hanley, a painter by profession and who resides at Needsmust Estate, went to J’s Shop & Save in Newtown with his 10-year-old twins at about 7:45 p.m. on April 19, 2008.
On leaving the shop, they walked up Roxborough Street and onto Pond Road in an easterly direction, as he intended to purchase bread and salt fish at Fox Snackette.
As he was about to cross the road, Hanley said he saw Brade approaching him with a hammer and Newton with a machete in their hands.
The court was told that in referring to Hanley, Brade said, “Roba I gon kill you.” And as he got closer he began to beat Hanley with the hammer and inflicted a wound to his head in the process.
Newton also repeatedly hit Hanley with the machete and it was revealed that he received a wound to his left elbow.
At that point, the court was told, the twins were on the other side of the street crying, “Leave daddy, don’t kill daddy, ah you go ahead now.”
On completion of the attack, the duo ran away and Hanley and his children went immediately to the Basseterre Police Station to report the matter. He was later transported to the JNF Hospital, where he was treated by Dr. Dwain Archibald and discharged the following morning.
Hanley also said that he knew both men six months prior to the incident, as they used to work together.
The two accused were represented by Jason Hamilton, who spoke on their behalf before sentencing.
“They have both indicated remorse and insist that the origin of the incident was not their fault,” Hamilton said.
Hamilton further said his clients told him that Hanley was the aggressor in the incident. He also said that in his deposition, Hanley stated that he had a problem with the accused.
“He said they robbed him of a job and he was angry about it,” the defence counsel said, adding, “They were coming from work and Hanley approached them about the money and the altercation occurred.”
Hamilton further told the court that Brade was a first-time offender while it was the second time for Newton in almost 12 years. “This,” he said, “shows someone who is not inclined to get into that sort of trouble.”
Hanley also took the stand as requested by his Lordship to get an idea of the sum of money he wanted in compensation for his injuries. He said he was out of work for a week and that it took him two to three months to overcome the pain.
Hanley also said that since the incident, his son had a nervous breakdown and he wanted compensation, but Justice Belle told him that he would have to take that up as a civil matter if he wishes to pursue it.
Before passing judgment, Justice Belle told the two men that the violence was unnecessary. He told Brade the court took into consideration that it was his first offence, but warned Newton that if he should again appear before the court he would be sent to jail.
