Senior Reporter
derek.achong@guardian.co.tt
A 36-year-old woman, who admitted to beating her four-year-old stepdaughter to death in 2016, has been sentenced to 12 years in prison.
Marcia Mc Lean was initially awaiting trial for murdering Jenice Figaro but recently was allowed to plead guilty to the lesser offence of the unlawful act manslaughter before Justice Lisa Ramsumair-Hinds, based on a plea agreement with the Office of the Director of Public Prosecutions (DPP).
Mc Lean was accused of killing Figaro on November 24, 2016, at the home in Gasparillo, which she shared with Figaro’s father Robert and her two daughters from a previous relationship, who were aged six and nine at the time.
Figaro’s father had gone to a wake with his father and brother when he received a call from Mc Lean that his daughter was complaining of stomach pains and was unconscious.
He returned home and took her to the San Fernando General Hospital, where she was pronounced dead after doctors were unable to resuscitate her.
Mc Lean was arrested after a post-mortem revealed the child died of blunt force trauma to her head and abdomen and had scars from previous injuries.
Figaro’s 12-year-old cousin, who lived next door, claimed that when she went over to the house earlier that day, she saw Mc Lean beating Figaro after she allegedly dropped a roll of toilet paper while using the bathroom.
However, Justice Ramsumair-Hinds noted that the child’s claims over what transpired, which were relayed to the police, were not supported by the autopsy results.
“Till this day none of us know what truly happened that day,” she said.
Figaro’s father also claimed he had witnessed Mc Lean beating his daughter for trivial issues in the past and had remonstrated her for it.
Justice Ramsumair-Hinds noted that Mc Lean attempted to downplay the beating she meted out to the child when she was interviewed by the police.
“While the accused made it seem like an isolated incident, it was clear that this child was suffering for a long time before she died,” Ramsumair-Hinds said.
Before passing the sentence, Justice Ramsumair-Hinds gave Mc Lean an opportunity to address her.
“I know no words or apology can bring back their loved one...If I could bring back Janice Figaro, I would,” she said.
“I would humbly ask your forgiveness,” Mc Lean said, as she claimed that she had already “given her pound of flesh” for her crime while she was on remand for almost seven years.
She also claimed that she missed her daughters.
Justice Ramsumair-Hinds also referred to a victim impact statement from Figaro’s father.
He claimed that Mc Lean and her daughters lived at his home with his daughter for almost a year. He noted that his daughter referred to her as “mummy” and her daughters called him their father. He said he could not forgive Mc Lean for her actions and did not wish to ever see her again.
He claimed that he had suicidal thoughts after his daughter’s death and he was only able to somewhat cope after he had another daughter in a recent relationship.
Justice Ramsumair-Hinds began with a starting sentence of 18 years in prison. She decided against applying any discounts based on reports from prison officials on numerous infractions committed by Mc Lean.
“Her age and her behaviour in prison did not help,” she said.
Justice Ramsumair-Hinds gave a one-third discount for her guilty plea. Mc Lean is expected to be released in four and a half years as the time she spent on remand was deducted.
In passing the sentence, the judge noted that there were major cultural issues over using violence to discipline children. She noted that many adults awkwardly discussed their experiences from childhood but failed to consider the psychological effects of such.
“Are we blind to the fact that we don’t agree on what is reasonable punishment?” she asked.
“If parents were asked to justify their punishment as I am required to do, I wonder how many would be varied on appeal based on severity?” she added.
Mc Lean was represented by Whitney Franklin, while Charmaine Samuel represented the DPP’s Office.
