A man from east Port-of-Spain has been sentenced to hang for murdering a Point Fortin businessman, who he claimed sexually harassed his friend.
In an unusual move Monday, Ronald Cobham, of George Street, Port-of-Spain, chose to plead guilty to the offence knowing that he would receive the mandatory death penalty.
Before accepting his guilty plea during a hearing at the O'Meara Judicial Centre in Arima, High Court Judge Lisa Ramsumair-Hinds pointed out the peculiar nature of Cobham's actions as typically accused persons are only allowed to plead guilty to the lesser offence of manslaughter or felony murder, under which the death penalty is waived in circumstances where death occurs during the commission of a lesser criminal offence.
Justice Ramsumair-Hinds said: "There appears to be a legal tradition that such persons should not be allowed to plead guilty to murder. However, it remains completely acceptable in the right circumstances."
While being questioned by Justice Ramsumair-Hinds, Cobham, who was wearing a keffiyeh (arab scarf) and a taqiyah or topi (a skullcap worn by Muslim men), stated that he was not threatened or coerced into making the decision.
"Since I became incarcerated, I found religion. I want to bring closure to the case. I just want to say I am sorry and to try to find some forgiveness in the future," Cobham said.
Justice Ramsumair-Hinds stated that Cobham's case demonstrated the need for Parliament to categorise murder into different degrees with the mandatory death penalty remaining in certain circumstances.
"It would promote greater efficiency through more plea discussions and agreements," she said.
Noting that several Caricom countries including Jamaica, St Lucia, Barbados, and St Vincent and the Grenadines had already made the change, Justice Ramsumair-Hinds said: "We can choose what version we prefer and can leave the death penalty in the discretion of a judge."
Stating that the death penalty remains valid law despite numerous constitutional challenges, Justice Ramsumair-Hinds pointed out that it is not being executed and sentences are automatically commuted upon the completion of the five-year lawful period for executions under the landmark Privy Council ruling in the Jamaican case of Pratt and Morgan.
She noted that until sentences are "invariably" commuted, death row prisoners are denied facilities and opportunities afforded to other convicted prisoners including visitors and rehabilitation programmes.
Cobham was charged with murdering 40-year-old Marvin Campbell on July 11, 2014.
Campbell was shot and killed at a bar in Vessigny Village, La Brea, which he operated.
On the day of the incident, Cobham was reportedly asked by his friend to accompany him to purchase a cradle arm for his car.
The friend later told police that they did not find the part in central Trinidad and they drove to Point Fortin.
After discovering the store in Point Fortin was closed, the duo purchased food and several rounds of beers.
While on their return journey, Cobham asked his friend to stop at Campbell's bar.
Although his friend wanted to leave, Cobham kept purchasing drinks until Campbell arrived.
Cobham then walked up to him and shot him three times before returning to his friend's car.
While his friend claimed that he remonstrated Cobham for what he did, he drove away as instructed.
As police officers attempted to intercept the vehicle, Cobham threw the gun out of the window.
However, it was eventually recovered.
During yesterday's hearing, Justice Ramsumair-Hinds asked Cobham if he was willing to disclose his motive for Campbell's murder as he was not obligated to.
He agreed without hesitation.
"I had a female friend who used to work for him and he went round her. She told me about it and I decided to take it into my own hands," he claimed.
Cobham was represented by Avionne Bruno Mason and Colin Elbourne, of the Public Defenders' Department (PDD). Prosecutor Charmaine Samuel represented the Office of the Director of Public Prosecutions (DPP).
