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Posted: Tuesday 7 October, 2008 at 10:29 AM

    Bass, Matthew present mitigating pleas
    Sentence to be delivered later

     

    By Terresa McCall
    Reporter-SKNVibes.com

     

    L Matthew and J Bass (L-R)

     

    BASSETERRE, St. Kitts – ALTHOUGH mitigating pleas were yesterday (Oct. 6) submitted on behalf of Lumumba Matthew and Justin Bass, who were convicted of murder and attempted murder, they will have to wait a further two weeks before knowing their fate.

     

    The men, both of the St. Peters area, were on July 10, 2008 convicted of the January 12, 2007 murder of Darren Berry and the attempted murder of his older brother Dion Berry. The incident occurred in the Bayford’s area and involved the use of firearms. 

    During the trial, the surviving sibling told the court that at some stage in the attack, he was able to get a good look at the assailants whom he identified as Bass and Matthew.

     

    The convicted men were taken to the Basseterre High Court yesterday morning when their lawyers Chesley Hamilton and Jason Hamilton respectively indicated that while they do not wish to downplay the seriousness of the incident, they respectfully requested that justice be tempered with mercy.

     

    Matthew, 25, according to his lawyer, was raised by his maternal grandmother in the absence of his mother and father and that he did not perform as expected in school. Nonetheless, having fathered a number of children, he has shouldered his responsibility well and has also catered to their needs.

     

    This, along with other situations, C. Hamilton argued, shows that Matthew is not beyond rehabilitation and if given a chance could become an active and positive part of society.  ~~Adz:Right~~

     

    Matthew’s girlfriend, Jonella Clarke, spoke on his behalf and attested to his willingness and ability to provide for his children and also his contributions to the upkeep of their household before his incarceration.

     

    Bass’ attorney, in highlighting excerpt from his social inquiry report, noted that he was raised by his mother and extended family, entered high school in a relatively high class and after completing school always showed a willingness and capacity to work. He also highlighted comments of Bass’ recent employer who noted that he was never late for work, never got into trouble and maintained good relationships with his co-workers.

     

    His “selfless” attitude was also brought to the fore and was further cemented by his sister Dibye Bass who spoke on his behalf.

     

    Bass’ legal representative told the court that these are just some pieces of evidence which speak to his level of candidacy for rehabilitation.

     

    The convicted men were given and accepted the opportunity to address the court before sentence is passed. Bass said he knows nothing of the crime of which he was convicted but sympathised with the family of the deceased for having to deal with such a tragedy. “I hope your judgment would be lenient,” Bass concluded.

     

    Matthew echoed similar sentiments noting, “My heart goes out to the family of the Berry brothers but on the other hand we are suffering. I am asking you to show some mercy on us. I am not telling you how to sentence us but we are pleading to you…Even though we didn’t do this we have to go through the tribulation.”

     

    Presiding judge, His Lordship Justice Francis Belle informed that according to law, his judgment has to be presented in writing; a document which would take some time to prepare.  He adjourned the proceedings until October 22, 2008.

     

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