Cane-cutter gets 11 years for killing mason

Feb 21, 2014 News

Cane-cutter Rakash Janak called ‘Rakesh’ 22, of Zorg-en-Hoop Scheme, Blairmont, West Bank Berbice was yesterday sentenced to 11 years in jail by Justice Diana Insanally at the Berbice High Court.

Jailed: Rakash Janak

Janak, who initially appeared before the court for the murder of 31-year-old Brentnol Richard Isaacs, called “Tongey” of Ithaca, West Bank Berbice, which was committed on Saturday October 27 at Zorg-en-Hoop, had pleaded guilty to the lesser count of manslaughter.
This was following a probation report which was ordered by the judge.
The accused had, through his lawyer Raymond Ally, indicated to the court that he wish to plead not guilty to murder, but guilty of manslaughter
The facts of the case as presented by State Prosecutor Renita Singh was that on the day in question the accused had entered a yard of a nearby resident and started to abuse the woman and her husband. The ensuing melee led to an altercation between Isaacs and Janak who was nearby. The accused was also annoyed over a relationship between Isaacs and his mother. It was reported that Isaacs was having an affair with Janak’s reputed wife also.
Janak became angry and very aggravated and went for his cutlass and chopped Isaacs across his chest and left arm. Isaacs fell in a drain and was subsequently rushed to the Fort Wellington Hospital, before being transferred to the Georgetown Hospital where he was pronounced dead on arrival.
A number of persons including Janak’s reputed wife were arrested.
The probation report, presented by Probation and Social Services Officer Odessia Semple, stated that Janak was the eldest of five children. His mother and father separated when he was two. He and his siblings were taken care of by his mother who was a domestic and grandmother. His mother eventually lived with somebody else and was abused, forcing them to seek refuge at a home for battered women and children on the Corentyne. They eventually returned to their home after a while. Janak stopped school at age of eight and sought employment at a nearby sawmill. He eventually ended up at an orphanage at Diamond where he lived for two years. He subsequently returned home and sought employment at age 14.

Killed: Brentnol Isaacs

He started to work at GuySuCo before leaving for Suriname where he sought employment. He eventually returned and resumed working at GuySuCo. He struck up a relationship with one Haimwattie Karran called “Mala, and they lived in a one-flat one-bedroom house. At the time of his incarceration she was pregnant.
According to the report, residents in the neighbouring communities described Isaacs as a troublemaker who smoked marijuana and always disrupted the peace and tranquility of the neighbourhood. He had been charged on numerous occasions and placed before the court.
The report also stated that Isaacs had an intimate relationship with Janak’s mother and reputed wife.
Attorney-at-law Raymond Ally had also made a plea for mitigation for the accused in which he cited his age, the fact that he pleaded guilty and did not waste the court’s time; that the deceased was the aggressor and other mitigating circumstances.
Justice Insanally in her deliberations brought up the issue of murder contrary to the Common Law Act, under which section the accused was charged, which stated that a penalty of no less than 15 years should be imposed. This, she stated, needs to be looked at.
After more deliberation and some interventions from lawyers in the court, it was agreed that the mitigating circumstances should be looked at.
In handing down sentence, the judge stated that she would start with 17 years. She would take off two years for his plea, the time spent in jail (16 months) and another two and a half years for the mitigating circumstances – a total of six years, which left 11 years.