A prosecutor believes the men involved in a “racket” perpetrated against a pensioner should spend time in jail but suggests that the drug addict that was used as a “tool” in the enterprise should face another sentence.
Deputy Director of Public Prosecutions Alliston Seale was addressing Madam Justice Laurie-Ann Smith-Bovell on Thursday in the No. 4 Supreme Court on submissions on sentencing in the case of Kevin Dacosta Cadogan, of Arthur’s Seat, St Thomas; Kirk St Clair White, of Jackson Main Road, St Michael and Adrian Drakes, of White Hill Village, Shop Hill, St Michael.
Drakes and White both pleaded guilty to endangering the life of a female pensioner, placing her in danger of death or serious bodily harm on August 24, 2011; while Drakes was separately charged with use of a firearm. White and Cadogan also admitted to theft of money and money laundering.
The money crimes involved the theft of $290 000 and $22 960 belonging to the Bank of Nova Scotia, between August 1 and October 31, 2011 and engaging in transactions totaling the $312 960, being the proceeds of crime.
The pensioner had worked in the United States and England and repatriated her money to Barbados for her retirement. After saving over a quarter of a million dollars she visited the bank and discovered that there was only $28 on
the account. An investigation was launched.
On August 24, 2011, the pensioner was at home when a man called out. While engaging him in conversation from inside the house, there were two loud explosions. She subsequently realised that she had been shot in the hand.
In relation to Drakes and his involvement in the matter, the prosecutor said he was a person who was regarded as a ‘parro’ since he was a heavy cocaine user at the time of the commission of the crime. He has however remained drug free for the past 11 years with help from Verdun House.
“We hold the position that he was more or less used as a tool, used by unscrupulous persons who were more educated than himself, better off than himself financially, since he was the person who needed drugs and money to continue the habit. They knew well that this was his lot in life and that is why they sort him out and asked him to do the dastardly act of going to the lady’s house and . . . basically putting a hit on her by shooting her.”
Seale revealed that while the state was asking for Drakes to be given a suspended sentence, that could not be done under the Firearms Act.
“I would still be inclined to look at an alternative other than a suspended sentence because there is still a bond, probation . . . because when we examine the circumstances, I am of the view that one can examine alternative sentencing where Drakes is concerned.”
However, he also believed there should be a starting point of not less than 15 years in prison for the offence of endangering life.
“Notwithstanding that both persons are charged for the same offence but because . . . of the way the offence was perpetrated it was almost as if they used an innocent agent high . . . on cocaine and every other dope and only looking for the next fix and only hoping that somebody would just give him some money.
“We have to treat to that as we treat to any other drug offence. It is for that reason that we must have a striking disparity in these two sentences.”
The theft was driven by “greed”, the prosecutor said and therefore Cadogan should get a harsher sentence than White as he was in a position of trust since he was employed by the bank as a teller. Seale suggested a starting sentence of eight years for that crime.
On the money laundering offence he said a sentence of 12 years would be a reasonable starting point.
Justice Smith-Bovell is set to sentence the men on July 8.
