BASSETERRE, St. Kitts – DESPITE Joseph Norford’s pleas for the judge to have mercy on his son Joseph Gardener, His Lordship Justice Errol Thomas sentenced him and Neil Harvey to five years each for wounding with intent.
Harvey and Gardener were on Thursday (June 2) at the Basseterre High Court found guilty of wounding with intent but not guilty of unlawfully wounding St. Clair Elliott at an event held at Beaumont Park in Dieppe Bay on April 5, 2010.
A tearful Norford asked for sympathy, leniency and said Gardener’s mother was worried and would not sleep or eat because her son was in prison.
Justice Thomas then referred to the social inquiry report and asked Norford if he remembered telling his son to throw stone in someone’s face if they troubled him. Norford responded in the negative and told the court that he advised his son to go to the police.
According to the report, Gardener who will be 22 in July did not show remorse in the matter at hand and the same was said of Harvey who will be 26 also in July.
However, unlike Gardener who grew up with both parents, Harvey had issues with education and the absence of his father.
“Harvey has no heart to show remorse for the victim; all he is concerned about is coming out to play football,” the judge read from the report.
His Lordship said that he considered several mitigating and aggravating factors when it came to sentencing both accused.
Justice Thomas said that according to the medical evidence, death could have occurred if the wounds were not treated quickly, the location of the crime where it was at an event, both have previous convictions, the incident according to evidence were unprovoked and seemed as if it was to prove something.
“No one in their right mind can say that what is going on is something to be proud of…society is getting more dangerous…” Justice Thomas said.
Harvey did not make any mitigation on his behalf and Gardener did not say anything after his father had spoken.
During his testimony, the victim, Elliott, said that he was ‘jamming’ at a session at Beaumont Park which followed the horse races that ended around 6:00 p.m. He said he was first stabbed by gardener then Harvey.
The court also learned that Elliott’s injuries were life threatening.
