Three men, who kidnapped a woman, who was later beaten and buried alive, were yesterday each sentenced to 30 years in prison for manslaughter.
In passing sentence, Justice Rajendra Narine, said this was a cold and calculated crime and the three convicted men showed absolutely no remorse whatsoever.
Vivian Clarke, 36, Steve Mc Gilvery, 27, and Pernell Martin, 29, remained silent as Narine, presiding in the Port-of-Spain Second Criminal Court, handed down the sentence.
The three were among nine persons on trial for the murder of Samdaye Rampersad, who was kidnapped from outside her home in Petit Bourg on November 26, 2005. Her decomposed body was found in a shallow grave on January 5, 2006, at Claxton Bay.
Clarke, Mc Gilvery and Martin were found guilty of manslaughter at the end of a three-month trial on July 31. A re-trial was ordered for five others, while another was acquitted. A probation officer's report was ordered before sentence was passed.
In his final High Court appearance before he takes his seat in the Court of Appeal, Narine was severe on the three, saying kidnapping was too prevalent in the society.
Narine pointed out that Clarke, a father of five, was present at Pranz Gardens, Claxton Bay, when the plan was hatched to kidnap Rampersad, a 46-year-old businesswoman.
He said Mc Gilvery was one of the men who arrived in the car with Rampersad at Bobby Hill, Claxton Bay, on the night of November 26, 2005.
The judge said Martin, a father of two, went to Pranz Gardens, collected the car, and was driver of the vehicle used to transport Rampersad after she was abducted.
On January 8, 2006, Martin admitted to the police that he was the driver and his involvement in the kidnapping. All three said they were not involved, nor had knowledge of any plan to kill Rampersad.
In passing sentence, Narine said this was a very serious offence. "Here was a 46-year-old woman, snatched in front of her business, in the presence of several persons. She was driven to Claxton Bay and six weeks later, her body was exhumed from a shallow grave."
Narine said the three convicts must have known that physical harm could have come to Rampersad. He said they must have known that Rampersad would have been traumatised, both emotionally and psychologically. He said the victim must have undergone a terrible time.
Narine said the closely knit family of the victim, had been waiting for six weeks to hear from her.
He said there must be emotional scars from this ordeal. He said the trauma continued when the body was dug up from the shallow grave.
As far as Narine was concerned, "this was a well planned and precisely executed crime." He said the three convicted men showed no remorse. He said they showed total disregard for the safety of the victim and those at her business place. He said this type of offence was too prevalent in society and he must show his abhorrence over it.
He pointed out that all three men had previous convictions for serious offences. He said there were no mitigating circumstances in this case, and imposed 30 years each on them–a sentence which started yesterday.
Mc Gilvery tried to say something, but the judge advised him to speak to his lawyer. Relatives of both the victim and the convicted men were in court for the sentencing.
