BASSETERRE, St. Kitts – MITIGATING pleas made on behalf of Terrence ‘Wang’ Browne were enough to land him a mere four-year prison term for a manslaughter offence.
Three days ago (Feb. 23), Browne was taken before His Lordship Justice Francis Belle at the Basseterre High Court of Justice having been accused of committing the murder of his girlfriend’s husband, Terrence ‘De Whale’ Francis.
While the 42-year-old pleaded not guilty to the murder charge, he admitted that he was guilty of manslaughter and was taken back to the court yesterday (Feb. 25) for sentencing.
Sister of the deceased, Myrthlyn Francis told the court that her family and the family of the convicted man share a very “close relationship”. Francis said she grew up with Browne and, to this day, they are still friends.
She told the court that her brother was a loving person who was always willing to lend a helping hand whenever called upon. She however expressed that it is her hope that the sentence handed down to Browne would not serve as a force which separates the two families.
The convicted man’s brother, Mackellar Browne, who is also a member of the Federation’s police force, spoke to his brother’s character, noting he grew up in the church and is a “good person”.
Officer Browne told the court that he knew of his brother’s relationship with the deceased, describing them as “good friends”. He said the deceased was the godfather of the convict’s first daughter. He also said that both men had regularly been engaged in activities together.
Corroborating what Francis’ sister said, Officer Browne told the court that both families are “very close”. He said a member of the Francis family went to his (Browne’s) mother a few days after the incident and told her that the incident had changed nothing between the two families.
Defence counsel John Cato the court that the incident which resulted in the trial was an “unfortunate” one. He explained that both men, as indicated by Francis’ sister and Browne’s brother, were close and, on the night of the incident, both of them were consuming alcohol.
While this does not “justify or excuse the act”, Cato explained, he asked the court to remember that the prisoner is a human being with strengths and weaknesses. The court was also asked to take into consideration the fact that Browne pleaded guilty at the first afforded opportunity and sought to “take responsibility for an irresponsible act”.
Gleaning from comments made by the deceased’s sister and the prisoner’s brother, Cato impressed upon the court that the maintained closeness of the families suggests that the convicted man had sought forgiveness and he appeared to have been forgiven. He implored the court not to “upset that equilibrium” as the “healing” process needed in this situation has evidently begun.
Cato told the court that up until the incident, Browne’s criminal record was immaculate; another contributing factor to the mitigating circumstances which outweighed the aggravating circumstances.
Browne, Cato said, is an electrician who has three children ages 15, 12 and 10 years.
Cato said he understood that a custodial sentence must be meted out, but he however beseeched the court to exercise “mercy and compassion” and be as lenient at possible. The lawyer suggested to His Lordship that a one-to-three year sentence followed by probation be imposed. He also made mention of previous cases where the aggravating circumstances were worse than those in this case, yet similar. In these cases, he explained, sentences of five years or less were imposed.
Browne’s incarceration, since the incident transpired in November, 2007, was another factor that Cato asked the court to be mindful of.
In passing sentence on the man, His Lordship said that he took all circumstances, both mitigating and aggravating, into consideration in making his decision.
Browne was sentenced to serve four years imprisonment with hard labour and was advised by the court to refrain from consuming alcoholic beverages especially if “drinking is a problem” for him. His Lordship further advised that Browne try his best to ensure that an incident such as this does not transpire again as, if it does, “it will be assumed that it is your character”.
The incident which led to Browne’s trial took place on the night of November 25, 2007 and, according to the facts of the case, he was beating his girlfriend who called her husband, Francis, for assistance.
When Francis arrived on the scene, he endeavoured to get Browne to leave the house which was what the girlfriend requested. Francis was stabbed by Browne in the neck and he succumbed to his injuries at the Joseph N. France General Hospital sometime later.
