If Deputy Director of Public Prosecutions Alliston Seale gets his way, convicted killer Ryan Omar Samuel “would not be able to lift a gun” by the time he is released from prison, the High Court heard on Friday.
And Seale contended that a recent ruling by the Caribbean Court of Justice (CCJ) supported his call for Samuel to be incarcerated for 25 to 35 years for his “heinous” killing of Charley Dume over seven years ago.
Samuel, of Grape Hall, St Lucy, was found guilty of manslaughter in the April 26, 2014 shooting death of the 25-year-old Dume in Coyote’s Den Bar, Nelson Street, The City.
The pathologist who conducted the postmortem revealed that Dume’s body had seven “entry” wounds and five “exit” wounds which were consistent with gunshot injuries.
Seale told Justice Randall Worrell in the No.2 Supreme Court that the CCJ had set a new precedent in relation to how manslaughter cases should be handled.
He said the guideline case of Pierre Lord could no longer be followed.
Seale said the CCJ had set out four guidelines in relation to manslaughter.
He said offences of manslaughter where the circumstances of the offence are particularly heinous or demonstrate aggravating features of exceptional brutality or depravity, or involve multiple victims, the starting point should be in the range of 25 to 35 years, or in a proper case a life sentence with a recommended minimum in the range of 25 to 35 years before the offender should be eligible for release.
Seale said where aggravating factors are grave but do not rise to a level of exceptional brutality or depravity the starting point should be 15 to 25 years; where aggravating factors outweigh mitigating factors the starting point should be between 10 to 15 and where there are strong mitigating circumstances, absence of premeditation, no use of a firearm or other offensive weapon, provocative words or other actions, the starting point should be between 5 to 10 years.
Seale argued that the manner in which Samuels had killed Dume was heinous and fell within the first guideline.
“This fortifies my argument that this case falls in the ambit of guideline number one, said the Crown’s deputy chief prosecutor. “This is not one of multiple victims but this is one in my humble submission where it is particularly heinous and demonstrates aggravating features of exceptional brutality and depravity.
“When one can find a young man going to school but helping out his uncle afterwards in the shop…and a man can come in there with his goons and because this young man disrespected his boss…the now-convicted man pulls a firearm and empties it on him. How can we look at that as no more than heinous and demonstrates aggravating features of exceptional brutality? He only had to shoot him once.”
The Deputy DPP said an example should be made of Samuels.
He insisted that only a very lengthy custodial sentence would suffice as a serious message needed to be sent.
“As far as I am concerned he, and all those who come before the court will be put away for long enough that when they come out they will either learn and be fully rehabilitated or they will be so old that they will be incapable of probably holding a firearm and they will not reign terror in Barbados,” Seale said.
But attorney-at-law Mohia Ma’at who appeared on behalf of Samuels called Seale’s line of thinking “archaic”.
He argued that throwing a man in prison and “throwing away the key” was an outdated form of justice.
Ma’at said rehabilitation had to be considered as it served the interest of both convicted persons and society.
Responding to the guidelines set out by the CCJ, he suggested that his client fell into the 10-to-15-year guideline.
He said the circumstances did not fall into the first tier simply because there were no multiple victims along with the fact that the act could not be described as heinous.
Ma’at said firearms were used in the majority of murders in Barbados and therefore, could not be considered heinous.
The act would be considered heinous if his client had shot the other two persons in the bar associated with the deceased afterwards, the defence lawyer contended.
He admitted that his client did not qualify for the fourth tier because a firearm was used.
And while the CCJ made mention of aggravating factors outweighing mitigating factors, no reference was made to mitigating factors outweighing aggravating factors, Ma’at noted.
Justice Worrell adjourned the matter until June 18 when Samuels will be sentenced.
