Feb 21, 2021 News
– co-accused to only serve two months
Kaieteur News – A 22-year-old Williamsburgh man was yesterday sentenced to 13 years, 2 months imprisonment on the charge of Manslaughter, committed on Munesh Prem Ayasammy Munien called “Tad,” while his co-accused, who was seventeen years old when the crime was committed, was sentenced to two months imprisonment by Justice, Simone Morris-Ramlall, through virtual proceedings of the Berbice High Court.
Carlos Bollers, 22, of Lot 119 Williamsburgh Village, Corentyne, Berbice, and the second accused both pleaded guilty to Manslaughter. The victim was a security guard at a hardware store in Rose Hall Town, where the two accused were also employed. They were slapped with the joint charge of Murder committed on Munien in April 2018, during the course of a robbery.
During the sentencing of Bollers, Justice Morris-Ramlall, handed down a sentence of 27 years but considered several mitigating factors, and made deductions on the time to be served along with the time already served in prison. His sentence was subsequently reduced to 13 years, 2 months.
Bollers, addressing the court prior to his sentencing said, “Your honour, I am very sorry for the terrible mistake that I have made. I am very sorry to Rampersaud and his entire family for the pain and sorrow I caused them. It was the stupidest thing I ever done, and I regret it every day of my life. I am very sorry to Uncle Bula for losing his trust for me and I thank him for employing me at the store, the store work was the best work I ever had and I didn’t know until I lost it. I regret it.”
Representing Bollers was Attorney-at-law, Surihya Sabsook. She told the court that her client was only 19 years old when the crime was committed and noted his remorse. She asked that mercy be granted noting that they understand a life has been lost.
Meanwhile, Prosecutor, Tuana Hardy, stressed that the accused must face the consequences of his actions.
Justice, Simone Morris-Ramlall, while handing down her sentence considered the nature and gravity of the offence and stated that Bollers was of age and was expected to be conscious of his actions. She also noted that there is evidence that a plan was concocted to rob the premises and those actions resulted in the death of the deceased, who was the guard at the premises.
Justice Morris-Ramlall said that the deceased met his death in a gruesome manner and that the offender was aided by the co-accused, who were both employed at the location with the deceased. She took into consideration that instead of Bollers showing gratitude after being pardoned for his previous transgressions, he planned and executed a bigger robbery, breaching the trust of his employer. She started the sentence at 27 years, but deducted 1/3 for his guilty plea, two years and ten months that have already been spent on remand and three years for his expression of remorse.
“The offender is therefore sentenced to a term of 13 years and two months.” The judge also ordered that Bollers receive counseling.
Meanwhile, an in-camera proceeding was held for the co-accused. Justice Morris-Ramlall gave the co-accused a custodial sentence, together with counseling, probation and supervision.
“I believe that this will foster a sense of responsibility in the offender and promote his education, rehabilitation and reintegration,” the Judge said.
Justice Morris-Ramlall noted that pursuant to section 44, the maximum sentence, which the court can impose on the offender under the Act, is five years.
She took into consideration that the offender has a previous good character. She also considered his genuine expression of remorse and his personal history and the possibility that he could be rehabilitated.
“These are mitigating circumstances on the basis of which I discount 6 months.” However, from the remaining 4 years 6 months, 1/3 was discounted on account of the guilty plea and an additional 2 years and 10 months for time served in remand. This means that there is a remaining period of two months imprisonment for the offender to serve,” the Judge said while handing down her sentence.
The sentence, also stated that the offender be placed on a period of probation and supervision for a period of three years upon the conclusion of his two months in prison. During that period of supervision, he is expected to keep the peace and be of good behaviour, report to the Chief Probation Officer on or before the last Monday of every month, notify the Chief Probation Officer of any change of address or any change in his place of employment, remain in the territorial jurisdiction of Guyana, unless the offender obtains the permission of the Court to leave the jurisdiction, complete a course in computer studies and/or any other technical field with guidance from the Chief Probation Officer, make reasonable efforts to obtain and maintain suitable employment, perform community service in the Albion or Rose Hall communities for two hours weekly, for a period of six months at a place or institution directed by the Chief Probation Officer commencing from one month of the end of the period of his custody.
Also, within one month from the end of his period of custody, the Director of Childcare and Protection Agency shall issue a positive peer association directive, requiring the offender to associate for a specified period with a specified person, who the Director has reason to believe can contribute to the positive behaviour of the offender.
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