BASSETERRE, St. Kitts – A 23-year-old will not experience freedom for the next seven years as he was sentenced to Her Majesty’s Prison for a burglary offence.
Ourtic Gillard’s case began on Wednesday, March 18, and at the end of it a 12-member jury was convinced that the self-represented man was guilty as charged.
The prosecution’s case relied heavily on the doctrine of “recent possession” and was successful at proving that sometime between October 9 and10, 2007, Gillard broke into the dwelling place of Garret Phillips and stole items including two camouflage jackets, one camouflage pant, one PS2, a PS2 memory card and two backpacks. The collective value of the items is approximately EC$3 300.
Bjorn Phillips, brother of the virtual complainant in the case, told the court that he arrived at their Greenlands home at about 10:00 on the evening of October 9, 2007 and, after joining his brothers is a session of game-playing, they retired for bed after securing the house.
He further explained that at approximately 5:00 the next morning, he was awakened by the vibration of his cellular phone having received a message from one of his friends asking that he open the door to let him into the house. Phillips told the court that before he could have gotten to the door, he met his friend walking through the hallway. Phillips said he thought one of his brothers had opened the door for his friend.
When he was leaving, the friend drew Phillips’ attention to a number of books scattered on the outside of the house which he identified as belonging to his younger brother.
Phillips said he discovered that the neighbour’s house was also broken into the same evening and when he conducted a search of the house which his family occupied, he discovered their PS2 was missing as well as his brother’s Defence Force uniform.
The matter was reported to the police and, according to Sergeant (SGT) Edward Drew of the Criminal Investigations Department (CID), the virtual complainant and his neighbour, Doval Phipps, filed complaints with the police. Phipps reported that his house was broken into and his vehicle (PA2808) was stolen.
Further evidence in the case revealed that Gillard was seen in the stolen vehicle during the early hours of October 11, 2007. When told by police to surrender, he attempted to flee from the scene but was shot during the process.
Police Constable and member of the Strike Force, Detroit Henry was on scene when the incident occurred. He told the court that the accused was wearing a camouflage jacket when he was shot.
SGT Drew told the court that he had arrived on scene after the incident occurred, at which point he spoke to Gillard and removed the jacket he was wearing. He said the jacket bore the initials GP, which was later identified by the virtual complainant as being his.
Gillard was taken to the Joseph N. France General Hospital where he was treated for his injuries. He was subsequently arrested and charged.
Yesterday (Mar. 19), it took the empanelled jury less than one hour to unanimously convict the man of the offence. Sentencing was immediate and His Lordship Justice Francis Belle told the young men he would receive a discounted sentence because of his age. His Lordship explained that he feels Gillard, having paid his debt to society, could rejoin society as a productive member.
Gillard was sentenced to serve a seven-year sentence at Her Majesty’s Prison with hard labour.
