Man pleads guilty to killing son

Yesterday, the day after retired blind shopkeeper Ashley Lee Kim left his afflicted hospital bed following his third heart attack, he came before Justice Melville Baird and pleaded guilty to  killing of his 20-year-old son. The death of Lee Kim’s son Wayne was the result of his father’s “rash action” and not a premeditated act, pleaded Lee Kim’s attorney Keith Scotland yesterday.

Scotland, who at one moment became emotional as he spoke of knowing what it feels like to lose somenone close, noted that only on Easter Sunday his 62-year-old mother Irma Scotland had passed away at the Port-of-Spain General Hospital, where Lee Kim was also warded since Thursday last after collapsing on the steps of the Hall of Justice, Port-of-Spain. Lee Kim was awaiting the opening of the building to answer the charge of the unlawful killing of his son when he suffered a heart attack and collapsed.

Scotland, in his plea in mitigation on Lee Kim’s behalf, recalled that the 62-year-old Lee Kim, who only had two sons, was traumatised by the death of Wayne, saying: “When Wayne died,  Lee Kim also died with him.” Scotland explained that in spite of this unfortunate incident, Lee Kim was a good parent, and the life he took was the life he helped to create and by supplicating himself before the court and pleading guilty, he has shown that he appreciated the value of taking a human life. “This is a man who is contrite and  willing to take responsibility for his action,” added Scotland.

Although Scotland repeatedly told Justice Baird that he was not going to suggest to the court what sentence to pass on Lee Kim, at the end of his plea, he hinted that a non-custodial sentence will meet the justice of the case. Scotland had earlier suggested that this was a case of rare and exceptional circumstances — circumstances such as the the rush of blood and the rash action of Lee Kim; his medical history; an act that was not premeditated; his guilty plea and his good character as was supported by the  testimony of Hubert Dolsingh, president of the Blind Welfare Association.  

Scotland, the only child of his mother, Irma Scotland, began to speak in a cracked tone of voice as he recalled his mother passing away and Lee Kim’s loss of a son, and at one moment remained speechless and had to be coaxed by Justice Baird to “sit.” Senior State Prosecutor Trevor Ward related to the court how Wayne Lee Kim was killed. According to the evidence, Lee Kim had an argument with his stepdaughter Lenora about money on March 26, 2001, at about 6.45 pm. He told her to leave his house which is situated at Dhali Road in Tunapuna. She did so. Shortly after, Wayne and his father Lee Kim also had an argument over Lenora, during which Lee Kim took up a peera (a short bench ) and threw it at Wayne, hitting him in the head.

In an oral statement, Lee Kim told Sgt Don Leezama: “Me and my stepdaughter was quarreling  and I was going to hit she a lash when the boy get between, saying, ‘who yuh going to hit.’ So ah charge him with the stool.” Later, in a written statement on March 7, 2001,  Lee Kim said that Wayne was approaching him when he took up the peera and “charged him with it.” Lee Kim’s wife Dolly Sonnybir stated that Lee Kim had pelted the bench in the direction of Wayne.

Wayne Lee Kim was hit in the head with the peera but was not knocked out. It was some three hours later while liming with friends on the Eastern Main Road that Ryan Pancham had to rush him to the hospital after he began complaining of headaches and the swelling of his head. The deceased remained hospitalised for six months, moving in and out of consciousness until his death on September 9, 2001. At the time of the incident, Lee Kim was partially blind and, according to Scotland, he is now  totally blind. Justice Baird said that he will have to consider all that was put before him and will pass sentence on Monday. He did not remand Lee Kim in custody pending sentence as is usually done, but allowed him to go home on his continuing bail.