A 66-year-old man from San Fernando, who chopped his nephew to death over a family property dispute, has been released after spending a little over 15 years in prison.
High Court Judge Tricia Hudlin-Cooper ordered Haniff Mohammed’s release as she sentenced him late last week.
Justice Hudlin-Cooper ruled that Mohammed had already served his sentence for manslaughter while awaiting trial.
Mohammed, a former Caroni (1975) Limited worker, was initially charged with murdering his 24-year-old nephew, Inshan Dolly.
According to evidence in the case, the crime stemmed from a long-standing property dispute between Mohammed and his siblings, including Dolly’s father.
Dolly’s father, Bisram, was in charge of a parcel of joint tenancy land that his and Mohammed’s parents had left them and their nine siblings.
Mohammed allegedly proclaimed himself the sole owner of the land and rented out a portion. Mohammed reportedly had a habit of hawking and spitting at Dolly and other family members, who challenged his claim to the land.
On May 20, 2009, Bisram went to Mohammed’s home after his wife told him that his son was involved in an argument with Mohammed.
Bisram and another brother attempted to diffuse the situation and lead Dolly away.
Dolly picked up a stone while walking away but put it down after being cautioned by his father.
Dolly broke away and ran towards Mohammed, who drew a cutlass and chopped him on the neck and back. Dolly fell into a nearby drain.
He was taken for medical treatment but succumbed to his injuries.
Mohammed was initially charged with murder but was allowed to plead guilty to the lesser offence of manslaughter by provocation based on a plea agreement negotiated with the Office of the Director of Public Prosecutions (DPP) by his lawyer Michelle Ali of the Public Defenders’ Department.
In deciding on the appropriate sentence, Justice Hudlin-Cooper did not agree with the 24-year starting sentence that was agreed to under the agreement.
She increased the starting sentence to 30 years before applying a one-third discount based on his guilty plea.
Justice Hudlin-Cooper gave a further one-year discount based on Mohammed’s medical conditions, one year for his age, and two years for his rehabilitation while on remand.
After deducting the time he spent on remand, Mohammed was left with four months and 18 days left to serve. However, Justice Hudlin-Cooper used her discretion to sentence him to time served.
She also advised Mohammed to manage his anger as he rejoins society.
“You made your anger get the best of you and for 15-plus years you sat in prison. You still could not enjoy that piece of land for 15 plus years,” she said.
The DPP’s Office was represented by Chanelle Moe and Jennifer Osborne. Mohammed was also represented by Aixa Edwards.
