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Mar 20, 2017 News
A Kwakawani Berbice River resident has been sentenced to a 12- year jail term by Justice James Bovell-Drakes for killing a former policeman.
Clinton Hart, called ‘Jackie Chan’, 34, a chainsaw operator, was arraigned for murder in the Berbice High Court, but changed his plea to guilty to the lesser count of manslaughter. He was accused of killing ex-policeman Marlon Sam who was 33 at the time of Kwakawani Berbice River.
The incident occurred on December 25, 2013 at the One Foot Disco, Kwakawani Berbice River, when the two men had a misunderstanding.
State Prosecutor, attorney at law Orinthea Schmidt represented the state while Hart was represented by state-appointed attorney, Mootee Singh.
The state’s case as presented by attorney Schmidt was that during the night of Christmas 2013, Hart and five friends went to the One Foot Disco, Kwakwani, Berbice River to celebrate.
The ex-policeman, Marlon Sam was also there. An argument ensued after Sam approached Hart and told him “it will not end like the last time”. A scuffle ensued and Sam was stabbed twice with a knife.
Hart, in his caution statement alleged that while dancing with friends in the disco, Sam approached and told him “what happen the last time will not happen this time, I will take the first chance. “
I told him, I don’t have to worry with you, it’s Christmas and I came to enjoy myself, Sam then came in front of me with a Guinness bottle and lashed me in my face, I held on to him and we scramble” he then ran in the corner of the disco and was coming at me again. I took out a little black knife from my pants pocket and I gave him two ‘juks’ and ran away to Jones Town Hill top. The police subsequently arrested me. “
A Probation report was presented by Senior Probation and Social Services Officer Egla October. It stated that Hart who was the eight of 10 children, originated from Moruca, Region No1. He attended the Kwebanna Primary School in Region One before dropping out at an early age to work due to poverty. He first lived at Ituni before moving to Kwakwani.
He never returned to his home or made contact with his parents or siblings until his involvement in this matter some 16 years after. The report described Hart as quiet and being a loner. When under the influence of alcohol, he was talkative.
Marlon Sam, a father of two, was the eldest of three children and the only son to his mother. He was described as a bully and an alcoholic and one who was very argumentative especially when under the influence of alcohol. He was described as a bright prospect that wasted his life on alcohol. After leaving Secondary School, he attended and graduated from the Guyana School of Agriculture and subsequently taught at the Kwakwani Primary and Secondary Schools. He subsequently joined the Guyana Police Force, but left after eight months. He was working on a pontoon on a river crossing in the river at the time of his demise.
Before handing down his decision Justice Bovell Drakes gave a lengthy speech to the accused. He noted the strong points in the probation report which went in his favour and the strong points made by his attorney. He noted the good reports made by the residents and the prison authority among others.
However the judge noted that a life was lost and the court has to send a strong message and strike a balance.
Hart, who had spent some time on remand, was sentenced to 12 years imprisonment.
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