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Sep 13, 2018 News
Davenand Dhandhari, called “Kevin,” of Lot 27 Betsy Ground, East Canje, Berbice who was found guilty of killing a fellow villager has been sentenced to 23 years in jail. This was following the presentation of a Probation Report.
The 20-year-old, who was earlier indicted for murder but had that indictment reduced to manslaughter by the DPP, was on trial in the Berbice High Court before Justice Jo Ann Barlow and a jury.
He was accused of killing Omesh Seelall, called “Rovin” and “Short Neck”, 21, a labourer of Betsy Ground, East Canje, Berbice. He was found guilty and a Probation report was ordered.
Seelall was bludgeoned on his head on Sunday, September 17, 2016, and died five days later, on 22nd September, at the Georgetown Public Hospital Corporation.
Attorney-at-law Tuanna Hardy had presented the Prosecution’s case while prominent Attorney Mursalene Bacchus represented the accused.
A detailed probation report was presented by Probation and Social Services Officer Maise Sheppard. It mentioned that although his parents’ educational standard was average, the accused was always a high flyer in school. He attended schools both in Nevis and Guyana and performed well. At the time of his incarceration he was an A level student and wrote three subjects whilst being incarcerated.
The report went on to state the accused had an anger management problem and had problems both at school and while being incarcerated.
He was however described as a good student and one who showed much promise.
Both the prosecution and defence called a number of witnesses to support their case. The prosecution called eight witnesses including three police officers. Government Pathologist Dr. Nehaul Singh had testified to conducting a post mortem examination on the body.
The Defence attorney had put forward a no case submission which was overruled by Justice Barlow.
The defence called five witnesses including Magistrate Maurica Mittleholzer who conducted the preliminary Investigation. The accused Dhandhari had given an unsworn statement from the dock. He told the court that he acted in self defence after he was attacked by the accused with a knife.
The men were reportedly among a crowd of persons at a wedding house when Seelall was reportedly floored after being struck by Dhandhari with a piece of 2×4 wood from a dray cart. He was immediately rendered unconscious.
Seelall was picked up and rushed to the New Amsterdam Hospital where he received emergency treatment, before being transferred to the Georgetown Public Hospital in a critical condition.
He was hooked up on a respirator and died five days later without regaining consciousness.
The police had retrieved the piece of wood reportedly used in the attack.
Attorney at law Mursalene Bacchus in a stirring plea of mitigation asked the court to temper justice with mercy.
He stated his client’s good background and that at the time of the incident he was an A Level student. He stated that a life was lost but his client was very remorseful although he was provoked and only acted in self defence. He begged the court to look at the facts of the case and give his client an opportunity to realize his dreams.
Before passing sentence Justice Barlow mentioned the contents of the Probation report and the mitigation plea by attorney Bacchus. She however said that a life was lost and the doctor evidence which stated that the victim had suffered a severe blow which shifted his brains. She mentioned that although it was stated that he was provoked the blow with the 2×4 wood was as lethal as that of a gun, meaning it was struck with great force.
She mentioned his stated anger problems
She then sentenced him to 23 years in jail. However time spent in jail and a further year was deducted. Justice Barlow also ordered that whilst incarcerated he be exposed to session of anger management.
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