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Dec 16, 2018 News
Arguing that Trial Judge Navindra Singh failed to consider mitigating factors for his client, Quaison Jones, who was sentenced to 57 years jail on a murder conviction, Attorney-at-Law Ronald Burch-Smith, has noted that the judge’s reasoning was “unusual and erroneous.”
Jones, 61, called ‘Blondie’, a fish vendor, was convicted by a jury for the January 17, 2011 murder of Marlon Greene, which occurred at the Meadow Bank Wharf, Georgetown.
According to reports, on the day in question some fish cleaners were attracted by loud hollering and when they ran to the location they allegedly observed Jones cuffing away at Greene.
It was reported that a closer look revealed that Jones was armed with a knife, and there were bloodstains on the blade. Greene’s windpipe and jugular vein were severed, according to the Pathologist. His cause of death was given as shock and haemorrhage.
Following the conviction and sentence in 2014, Jones, through his Attorney, filed an appeal contesting the severity of the sentence and the issue of misdirection by the Trial Judge Navindra Singh, who imposed the jail term.
Hearing the appeal last week were Chancellor of the Judiciary (ag) Yonette Cummings-Edwards, and Justices of Appeal Dawn Gregory and Rishi Persaud.
Burch-Smith took issue with the Trial Judge starting at a base of 60 years, and only deducted three years for time his client spent in pre trial custody, arriving at the 57 year sentence. It is Bruch-Smith’s view that the Trial Judge adopted a sentence tariff without any basis, noting that the Trial Judge also failed to consider that his client has no previous antecedents.
Citing the case of Angelique Williams, 21, who was sentenced to eight years jail by Justice Singh, and was released about a month ago on parole, for killing her best friend whom she stabbed some 22 times, Burch-Smith contended that a sentence ranging from seven to 10 years would be appropriate for his client if the Court was mindful to substitute the murder conviction with manslaughter.
The lawyer noted the fact that Williams, who was indicted for murder, threw herself at the mercy of the Court when she opted to plead guilty to the lesser offence manslaughter, as against his client who contested the charge against him. Pleading with the court to vary the 57 years to reflect the time his client already spent in custody, Burch-Smith submitted that remitting the case to the High Court for a new trial would not be fitting.
In her arguments Deputy Director of Public Prosecutions Diana Kaulesar, whom the appeal was filed against, said that the Trial Judge was correct when he withdrew Jones’s defence of self defence since it did not arise based on the evidence adduced at trial stage.
Citing the Judge’s summation, Kaulesar said that it was noted that the deceased was lying on his back and could not be the aggressor, hence she ruled out the defence of self defence. From the evidence, Kaulesar said it was clear that Jones was the one armed with the knife, and further, was not in any danger as being claimed.
According to Kaulesar, at the sentencing stage Jones’s lawyer had presented a plea in mitigation during which it was stated that he was a first time offender, a father and a productive member of society.
Kaulesar said that if the court were to find that the defence of self defence was not properly put to the jury, then a retrial would be in the best interest of justice. But Burch-Smith disagreed arguing that his client would have to spend at least another three years on remand.
However, Kaulesar pointed out that the Court can order that the trial be heard in the next Demerara Assizes which commences on the second Tuesday of next month, after a ruling is made on the appeal. The Court of Appeal has announced that it will rule in the matter on Thursday, December 20 at 11:30hrs.
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