Sex in the middle of the night on top a water tank

Apr 15, 2009 Features / Columnists, Freddie Kissoon

I know there is a study in the US (which I cannot put my hand on through the internet) in which it showed that male judges tend to be less draconian in their sentencing structure on domestic violence than female judges. I suspect that this may be what obtains in Guyana too.
Over the years, I have looked at some decisions in the Guyanese judiciary in which men killed their female lovers over infidelity and in no instances was the punishment in excess of ten years.
Readers must, I repeat, must remember that when judges assign their jail terms one year means eight months. If you get ten years in jail, you will serve three and a half years less.
On the question as to which gender should preside, society hasn’t got an answer and the implications have philosophical complexities. I doubt in the future that there will be a solution.
If male judges tend to have a Freudian disgust at infidelity and in their consciousness it comes to the surface when they hand down their judgements, then women judge may be extremely harsh. In other words, the male officer gives ten years, the female adjudicator assigns thirty years. If I had a choice, I would vote for homicides caused by jealousy to be tried by female judges.
The statistics are overwhelming– male judges are not harsh enough with men who kill their girl-friends or wives. This is a worldwide trend. Before I come to the murder of a woman because she had sex on top a water tank, some remarks about the court system are in order. Is the judicial system a hall of justice or a place of jokes?
Obviously, the first one is the answer but the episodes of the second instance are endless. Here are some typical situations that can be seen in our court system.
A lawyer is addressing the court after a guilty verdict is given. He says; “Your Honour, my client has been a church-attendant all his life. At one time, he was a preacher when he lived in the interior. His mother is 85 years old and he has to care for her because the other three siblings are abroad and they never send any money. I am asking for probation instead of a custodial sentence.”
Never, I repeat, never in these circumstances does the attorney produce any evidence. How do you know that what was related is true? You have cases where a murder accused pleads guilty to manslaughter.
The defence would outline a case of the victim being the bully. You would hear words like these; “Your Honour for years the victim taunted my client, calling him a girl, a monkey. This has been going on a long time now.
“In fact, three times the victim embarrassed my client in front of his wife by taunting him with homosexual barbs. I am asking for a light sentence courts.” How does the court know if those incidents occurred?
In Berbice two weeks ago, a man killed his common-law wife. According to the press that reported the case, here is what the defence told the judge after a plea of guilty to manslaughter was accepted by the prosecutor.
The accused said that got up in the middle of the night, and found that the other side of the bed was empty. He went outside and saw his wife having sex on top of the water tank. An argument ensued. He picked up a 2X4 and swung at the lover.
The wife pushed her lover out of the way, and she received the blow to her head. The accused then left the morning for Suriname. The woman died where she was struck.
In the trial, the judge was male and the sentence was eight years.
Now, the press report did not state if the prosecutor had verified those facts. But some strange dimensions stare you in the face. First, why would she leave the bed in the middle of the night? If she and her lover agreed to have sex that night why not lie and say that she was at a party and that is why she came home late?
Again I asked; why leave the bed in the middle of the night? Why on top of a water tank and not a dark corner of the yard? Is the top of a water-tank accommodating enough? It surely is a rough place to make out.
The top of a water tank hasn’t got a smooth surface. Did the lover testify to being attacked? This case should be reopened.

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Sex in the middle of the night on top a water tank

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