BASSETERRE – All factors, circumstances and mitigating pleas for the sentencing of William ‘Willy’ Benjamin have finally been laid on the table. However, sentence would not be passed until later this month.
On October 4, 2008, Benjamin was convicted of the October 30, 2006 murder of his sister-in-law, Michelle Weeks-Benjamin, and this morning he appeared before the Basseterre High Court of Justice for the continuation of his sentencing hearing.
The hearing continued with his defence counsel, Reginald W. James presenting pleas in mitigations.
During his presentation, James told the court that he is aware of the Director of Public Prosecution’s (DPP) written request for the imposition of the death penalty on his client. He however proposed possible reasons why it should not be imposed.
Counsel reminded the court that Benjamin was charged with other individuals, two of whom were released following the DPP’s filing of nolle prosequi applications on their behalf. He also highlighted that the case has “been given its fair share of publicity” and the death penalty should not be imposed simply to placate the public.
“...William Benjamin should not be made to pay the ultimate price with his life as the sacrificial lamb on the altar of public appeasement...I am therefore begging you...am asking...very seriously...if Your Lordship could impose a custodial sentence other than the death penalty,” James beseeched.
Further grounds proposed by James are that the convicted individual has “an unqualified right to life” and that the death penalty should be imposed only in the most extreme cases of murder.
Lawyer James said the court is obligated to take into consideration, the personal circumstances of the convict, the nature and gravity of the offence and “factors that might have influenced the conduct of the convict”.
Statements made in the Benjamin’s psychiatric report, compiled by consultant psychiatrist Dr. Sharon Halliday, were questioned by James. The lawyer told the court he was advised by his client that Dr. Halliday inserted “her opinion” rather than what he actually said to her.
James’ contention surrounded a statement which spoke to Benjamin’s expression of preferring to be dead in light of his current situation.
In questioning the psychiatrist, James said, “Did William Benjamin tell you that he had any thoughts of being better off dead when he thought of the current situation?” She replied in the affirmative and elucidated that Benjamin expressed his love for life and that he wanted to live “but not in prison”. She further explained that he told her when he reflects on his current situation, he thinks he would be better off dead.
James refuted a claim made by the DPP that Benjamin’s killing of his sister-in-law “...was a revenge killing”, noting the incident was not rehearsed. He contended that the probative value of the DPP’s statement is far outweighed by its prejudicial value.
Diana Prentice, a close friend of the deceased, was called on behalf of the prosecution at today’s prong of the sentencing hearing. She listed a number of occasions when Michelle spoke of William’s disrespectful behaviour towards her.
She also explained to the court that the deceased had expressed that she wanted to assist William as she noticed he was in need of it.
Presiding judge, His Lordship Justice Francis Belle said he would deliberate on all material presented to him and prepare a written judgement to be read on Thursday, February 26, 2009.
During the convicted man’s trial hearing, he took the witness stand and admitted to smothering Weeks-Benjamin with a pillow, transporting her body to Rosemary Lane and dumping it in the incomplete septic tank of a building which was then under construction. At the time of the incident, the convicted man was living with the deceased and her husband, Leroy Benjamin Jr., at their Carifesta Village home.
He told the court that he killed her because he was angry at her for spitting in his food.
He was unanimously convicted.
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