Senior Reporter
derek.achong@guardian.co.tt
A High Court Judge has ordered the release of three men who admitted to beating a man to death during a bar brawl a little over a decade ago.
Justice Lisa Ramsumair-Hinds ordered the release of Ian Friday, of Caratal Road, Gasparillo, Jerome Hinkson, of Union Hall, San Fernando, and Ian Lima, of Sea View Drive, Marabella, as she sentenced them for the unlawful act of manslaughter on Tuesday morning.
The trio was initially charged with murdering 51-year-old Kenneth Marshall, of St Fabien Road, Gasparillo, on September 18, 2013.
However, they were allowed to plead guilty to the lesser charge based on a plea agreement with the Office of the Director of Public Prosecutions (DPP).
According to the agreed facts in the case, the trio, who were all bouncers, went to a bar in Gasparillo after attending the funeral of Lima’s mother.
Marshall, who stopped at the bar on his way home from an Independent Liberal Party (ILP) Local Government Elections rally, reportedly cursed Lima about his mother.
Friday allegedly struck Marshall in his head and kicked him several times when he fell down as a result of the initial blow.
Hinkson joined in and kicked Marshall several times before Lima struck him with a wooden bar stool.
Hinkson reportedly stopped Lima from hitting Marshall with the improvised weapon a second time and the trio ran away. Marshall died on the scene.
Hinkson and Lima were arrested by police officers who responded, while Friday was arrested days later in Cedros.
During the hearing yesterday, all three men sought to apologise to Marshall’s family.
“I am truly sorry for my actions. I would like to express my deepest apology.
“I would truly beg for their forgiveness because I honestly wish I could take back my actions. I truly wish that none of this had happened,” Hinkson said.
Lima expressed similar sentiments in his statement.
“I spent the last ten years regretting that horrible day and wishing that my actions were different. However, I can’t change the past as much as I wish I could,” Lima said.
“Instead, I could just work on improving myself so that I could one day go back into society as a productive individual.”
In sentencing the trio, Justice Ramsumair-Hinds rejected the starting sentences of 17 years, 15 years and 18 years, which was agreed upon for Friday, Hinkson, and Lima, respectively, based on their level of participation in Marshall’s killing.
Instead, Justice Ramsumair-Hinds began with a starting sentence of 18 years for each of the men and then reduced their sentences based on the level of their culpability and remorse.
In terms of Friday, Justice Ramsumair-Hinds applied a two-year reduction based on the fact that he did not use a weapon in the attack.
After applying a one-third discount for his guilty plea and deducting the time he spent on remand before the plea deal, Friday was left with a remaining sentence of six-and-a-half months.
Dealing with Hinkson, Justice Ramsumair-Hinds afforded a five-year deduction based on the fact that he intervened and stopped Lima from striking Marshall with the stool a second time.
After applying the guilty plea discount and time-served deduction, Justice Ramsumair-Hinds noted that he had already served in excess of his sentence whilst on remand.
Lima was only afforded a one-year discount on his starting sentence based on his role and the fact that he had a conviction for malicious damage.
After applying the guilty plea discount and time-served deduction, Lima was left with a sentence of one year and three-and-a-half months in prison.
However, Justice Ramsumair-Hinds ruled that Friday and Lima should not be made to serve their remaining sentences.
“They made attempts at rehabilitation and are good prospects for reintegration into society. Their continued detention would serve no useful purpose,” Justice Ramsumair-Hinds said.
Justice Ramsumair-Hinds agreed to place both men on probation for two years under the condition that they do not commit any criminal offence and successfully participate in anger management classes once per month.
The duo was also ordered to speak to young people about the importance of anger and conflict management at schools or police youth clubs twice per year.
In the event that they breach the conditions, Friday and Lima would be required to immediately serve their suspended sentences.
Justice Ramsumair-Hinds’ disposition of the case was not met with approval from Marshall’s wife, Angela Lewis-Marshall, who attended the virtual hearing.
“It is not accepted because these people are free. This is not right. This could never be right,” Lewis-Marshall said.
Justice Ramsumair-Hinds still sought to issue condolences to Marshall’s still grieving widow as she noted that she had to apply legal principles based on her oath and could not be swayed by emotions.
“There is nothing I can say to ease your broken heart. You have my condolences,” she said.
The trio was represented by a team of lawyers from the Public Defenders’ Department.
Friday was represented by Chimere Gibson-Wadi and Ravi Rajah, while Lima was represented by Nicholas Rampersadsingh and Collin Elbourne. Delicia Helwig-Robertson and Michelle Gonzales represented Hinkson.
The DPP’s Office was represented by Solange Devenish.