The “substantial delay” in some criminal matters presents the law courts of Barbados with a “significant dilemma” when it comes to the issue of sentencing, Justice Carlisle Greaves has said.
The High Court Judge made the comments on Friday as he sentenced four men – to pay fines – for an over 11-year-old crime.
Sherwin Ambrose Brathwaite, of 1st Avenue Hoyte’s Village, St James; Akeem Jamal Alleyne, of Forde’s Tenantry, Silver Hill, Christ Church; along with Dwayne Ricardo Gibson and Devere George Junior Small, both of Silver Hill, Christ Church – who had admitted to aggravated robbery now have until May 6 to each pay $5 000 fines.
The men pleaded guilty before the No. 3 Supreme Court to entering the Silver Fox Arcade, Christ Church as trespassers on January 13, 2011, and stealing $20 340 cash, an external hard drive and a power supply – with cash and items totaling $21 080 – belonging to Palace Amusements Limited.
They also previously admitted that on the same date they entered the arcade as trespassers and stole a cellular phone, a wallet and $450 case, totaling $700, property of Michael Bramble while carrying a firearm.
“The main concern in this case has been the substantial delay in bringing this case to trial. It has been 11 years, the delay in our court system is legendary. Justice is denied every day, both to those accused and to those who fall victim to crime in this society.
“A society which knows that criminal matters are going to be dealt with properly, and those who offend . . . receive the justice that they merit, becomes a confident society – the members of which cooperate [with] legal authorities when necessary. They will be less fearful when they are required to offer assistance to bring to justice those who should.”
The judge added that a society which had to dwell in “an environment of substantial delay”, while those whom they accuse are left to roam for long periods, begins to feel “unsafe and skittish and uncooperative”, with fear for their own welfare
“If a system is going to work properly for the benefit of all it must be speedy, efficient and just. When delay is as substantial as this it presents courts with a significant dilemma when it comes to the issue of sentencing,” he said.
Brathwaite was 28 years old at the time of the offence, Alleyne 20 and Gibson and Small both 21.
“People may do bad things sometimes in their lives and over the years thereafter, they might continue to do bad things; they might become worse or they might do no further bad things or they may become better. This matter is the argument being put by both sides in this case.
“These now convicted men when they were young committed a very serious offence, but the evidence tends to suggest that thereafter they appeared to be law-abiding citizens or at least there is no evidence to the contrary and they seem to have taken on some serious responsibility over the years to the benefit of themselves, their families and their country,” Justice Greaves pointed out after the men apologized for the crime.
Brathwaite told the No. 3 Supreme Court: “I am sorry . . . I was just misled and I just trying to correct myself.”
Alleyne said, “I am sorry for everything that happened” while Gibson addressed the judge saying, “I am sorry . . . I was young and stupid at the point. It was a stupid mistake.”
In his address Small said, “I am sorry to the court, sorry to the arcade . . .”
Justice Greaves then sentenced the men to pay the fines which must be settled in two weeks. However Alleyne’s attorneys Sade Harris and Michael Lashley Q.C., informed the court their client had $2 000. That amount was paid and the remainder must be settled in two weeks. Failure to pay the fines will result in an alternative sentence of two years in jail.
The men are to reappear before the judge on Friday, May 6 to show proof of payment.
Senior Crown Counsel Neville Watson, was the prosecutor in the matter while attorney-at-law Ajamu Boardi represented Gibson; Martie Garnes represented Brathwaite and Small had Myshak Thornhill as his lawyer.
