Latest update February 8th, 2025 5:56 AM
Jul 09, 2011 News
– $1.2M as compensation awarded
By Latoya Giles
Justice Roxanne George-Wiltshire yesterday sentenced Shawn Sooklall to 15 years’ imprisonment for the gruesome murder of his paramour Tricia Welch, moments after the accused offered a $1.2M compensation to the dead woman’s 11-year-old daughter, Jada Welch.
Sooklall, who had pleaded not guilty to the murder of his 39-year old lover, Tricia Welch, in 2006, dramatically changed his plea to guilty of the lesser count manslaughter last month before Justice George-Wiltshire.
State Prosecutors Konyo Sandiford and Judith Gildharie-Mursalin presented the case, while Sooklall was presented by defense counsel, Mursalene Bacchus.
The Defense Counsel in his address to the court yesterday sought to explain that sections 11 to 13 of the Criminal Law Offenses Act provides for compensation.
Bacchus said that the accused was offering a sum of $1.2M to go to the benefit of Welch’s daughter, Jada.
The lawyer made it clear that he did not want the act to be seen as “cheque book justice” since the law provides for it.
Afterwards, the accused, Shawn Sooklall, made a request to address the court and this was granted by the judge.
“Your honour, I’m sorry for what happened….I regret the day until now and I’m asking this court to have mercy on me.”
At this point the judge asked Rita Narine, the child’s legal guardian whether she had anything to say, but the woman declined saying she has nothing to do with it.
Now it was time for Justice George-Wiltshire to address the court and she proceeded to make a 45-minute address.
Justice George-Wiltshire explained that she had to trace the facts of the case, and look at the evidence which was given by the 11 year old.
According to the judge the young child’s evidence was supported by other persons who were called to the witness stand.
Several cases were studied when she was considering a possible sentence for Sooklall. She said that the case can be added to the list of growing cases of domestic violence and intimate partner violence.
According to the judge a strong message must be sent to the perpetrators that commit violence against women.
She further noted that it cannot be accepted and will not be tolerated. She added that his behaviour would not be condoned.
The judge said that one must first consider whether it was manslaughter and warranted a custodial sentence.
The judge said that a strong starting point is required to reflect public sentiments a strong denunciation that such violence against women are on the increase.
A starting point of 25 years was decided upon. The judge went to on to reflect on the post mortem report which stated that Welch had 15 wounds to her body.
Eight of the wounds were penetrative and her throat was slashed twice.
Justice George-Wiltshire further stated that looking at the conduct of the accused, the mother was killed in the presence of the child.
The horrific manner in which Welch was killed would have caused grief and the post offence behaviour demonstrated a callousness on his behalf, since he joined a taxi and left the home as if nothing happened.
The judge described the conduct as a critical factor for Sooklall’s sentencing. To add insult to injury the judge described Sooklall’s probation report as unfavourable.
The report, according to the judge, stated that Sooklall showed no remorse for his actions, and he even tried to exonerate himself for the killing.
Justice George-Wiltshire said that even though his lawyer claimed that Welch had found someone else, one has choices but Sooklall choose to inflict wounds instead of walking away.
She further said that given the fact that the starting point was 25 years, she would look at others that could influence a reduction in the sentence.
First the judge considered the guilty plea that Sooklall entered. To this she took off two years.
Secondly the judge looked at the mitigating factors. This, according to Justice George-Wiltshire, was the reason she suggested compensation to benefit the child, since the probation report was not Sooklall’s defence.
The judge did not specify the amount that was awarded to the child. She sought to make it clear that no amount of money can assuage the pain of losing a mother.
Further the judge said she had accepted the evidence that was given by Jada Welch that Sooklall was kind to her and her mother.
More so, his unblemished record and the fact that he would assist his elderly father on their cattle farm were also taken into consideration.
To these factors three years were taken off from the 23, leaving the sentencing at 20 years.
Another five years was taken off after the judge considered a recent hearing at the Caribbean Court of Justice which states that one must consider the time spent in prison.
Sooklall had spent some five years in prison before his High Court trial.
Sooklall in all was sentenced to 15 years imprisonment. In closing the judge made an order which stated that the $1.2M which was awarded to the child should be placed in an interest bearing account.
Further the judge specified that quarterly the guardian of the child would be allowed to take off $30,000. This would run until the child turns 18 years old and she would be able to withdraw the remaining amount if there is any.
Among the witnesses who testified was the 11-year old daughter of the dead woman, Jada Welch, who testified that she was awakened from her sleep on the night in question when she entered the living room in time to see uncle Shawn, the accused standing with a blood-stained knife and her mother in a crouching position, with what appeared to be blood on her body.
She went back to bed and when she was awakened next morning her mother was dead.
The post mortem report revealed that the woman was stabbed 15 times.
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