Phillip sentencing hearing begins tomorrow

CHARLESTOWN, Nevis – THE sentencing hearing for convicted murderer Warrington Phillip begins tomorrow (Feb. 6) in the Nevis High Court.

Phillip, who was found guilty on November 14, 2008 of killing his wife, Shermel, had his sentencing deferred from December 22 because a formal notice of application for the capital punishment was not filed by prosecution. 

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.

The Director of Public Prosecution (DPP), Pauline Hendrickson, submitted on December 22 that the 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. on December 22.

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.  

“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”.