Phillip sentencing hearing deferred
Prosecution wants him hanged but delayed in filing Notice
By Pauline Waruguru
Nevis Reporter, SKNVibes.com
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Shermel Phillip
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CHARLESTOWN, Nevis - PROSECUTION wants the death penalty for Warrington Phillip who was found guilty for the killing of his wife, Shermel, but the judge will not pass sentence until February 6, 2009 because a formal notice application for the capital punishment was not filed.
The former Leeward Islands and Nevis spin bowler of Jessups Village was charged with the murder of his wife on February 16, 2007 and a 12-member jury returned a guilty verdict before the trial judge, Her Ladyship Justice Ianthea Leigertwood-Octave, on Friday, November 14, 2008.
The Director of Public Prosecution (DPP), Pauline Hendrickson, yesterday morning (Dec. 22) submitted that death penalty was the appropriate sentence. But Her Ladyship told the prosecution that notice ought to have been given no later than the day the accused was convicted.
Consequently, the judge ordered the prosecution to file the notice before 4:00 p.m. yesterday.
Defence counsel Dr. Henry Browne told the court that he was not in receipt of a notice from the prosecution. He said, “Ultimate penalty is not sought…failure to give notice puts defence at a disadvantage. The defence is not armed with the necessary submission.”
Justice Leigertwood-Octave told the prosecution that a murder sentence was a serious undertaking and both the defence and the prosecution had to make evidence-based submissions during the sentence hearing. ~~Adz:Right~~
“That is why we have sentence hearing,” Her Ladyship said and added that she would sentence Phillip after the prosecution had discharged its burden.
She told the defence counsel and the prosecution to submit proper submissions backed by authorities. “Somebody’s life hangs in the balance…you have to persuade me on the authorities. In my court, we are following authorities seriously. I want evidence!” she said.
Her Ladyship said she must also have the psychiatrist’s report and the social enquiry in affidavits or in person in order for her to properly exercise her discretion.
She said neither the defence nor the prosecution had submitted authorities and “we are doing this properly…with proper submissions. A standard has been set by the entire jurisdiction. We have moved away from the art of advocacy.”
