5 years jail for mason

A 30-YEAR-OLD San Fernando mason escaped the maximum jail sentence of 15 years after he was found guilty of wounding with intent in the San Fernando High Court yesterday. Instead, Nigel “Oscar” James was imprisoned for five years, following a stirring plea for leniency by the man’s attorney. In mitigation for James, attorney Learie Alleyne Forte told the court that James was the sole breadwinner for his two children, ages eight and four, and his family would be forced to turn to the Government for social welfare assistance if he was jailed. According to Forte, James was a mason who, when faced with financial problems, would turn to cane-cutting. Forte made the plea before Justice Prakash Moosai after a nine-member jury found favour with the prosecution’s case against James for a chopping incident which occurred three years ago. James was charged with attempted murder and wounding with intent. After a 45-minute deliberation, the jury returned a guilty verdict on the lesser charge. State attorney Brambhanan Dubay led evidence that on the night of February 11, 2000, James chopped Sherwin Baptiste several times about his head and chest. 

Baptiste said he was walking from his home on Inverness Road, San Fernando when James ambushed him with a “three canal” cutlass (a cutlass with three grooves running along the blade) in his hand and a chopper concealed in his waist. In his defence, James testified that Baptiste threw a stone at him then later ambushed him with a cutlass. James also testified that he was acting purely in self-defence when Baptiste was chopped. Defence attorney Forte said the evidence showed the matter arose out of some provocation, and there was animosity between the families of Baptiste and James. The attorney asked Justice Moosai to also consider that James ran away from the scene of the fight. Prosecutor Dubay revealed to the Court that James was convicted in April 1998 for indecent assault for which he served a three-month prison term. Justice Moosai said while James’ two children “weighed heavily on my mind,” he was obligated to mete out a punishment that would deter others from committing a similar crime. “With a slight or more degree of force, he (James) could have been facing a murder charge,” the judge said.