Cell phone bandit gets 7 years

BELMONT RESIDENT Kamau Farai was yesterday sentenced to seven years hard labour after he was found guilty by a majority verdict of robbing TSTT employee Neville Timothy of one cell phone and a wallet containing an ID card and a driver’s licence together valued $775 and US$1.

After deliberating for three hours, the foreman informed the Port-of-Spain Fifth Criminal Court including Justice Malcolm Holdip, that they could not arrive at an unanimous verdict. He then explained that the verdict was divided seven-two, which Justice Holdip explained represented a majority verdict. In presenting the plea in mitigation following the verdict, defence attorney Richard Mason explained that Farai, 20, lived at his grandmother’s home at Augustine Lane, Belmont, and was the father of two children aged three years and six months.

Mason asked the judge to take into consideration that the items were returned to the owner two days later and that the victim was not physically injured. He also pointed out that it was not disclosed in evidence that a firearm was used during the incident. He then asked the judge not to impose a custodial sentence and explained that his client had spent four years in jail awaiting the trial. He also noted that his client had no previous convictions. In sentencing Farai, Justice Holdip noted that although the State was not effectively able to prove that the object placed against Timothy’s waist at the time of the robbery was a firearm, the law states that even an imitation firearm is considered to be against the law. He explained that he was taking into consideration that Farai had no previous matters, but explained that a person who was convicted of a crime was not sentenced for the record they had, but was sentenced for the crime they had committed.

The judge also noted that on Tuesday, legislation was being sought to increase the penalty for the offence of firearm possession. He said while this was not applicable to the case before him, it showed that Parliament was mindful of the affairs of the public. He then informed Farai that the offence was a very serious one and imposed the seven-year sentence. The facts presented by State attorney Dinanath Ramkissoon was that on February 1, 2001, Timothy and another man were conducting repairs on a phone line. Timothy was on the road, while his colleague, Conrad Frank was on top of a ladder. Farai and two other men approached Timothy and pointed a gun at him and took his cell phone and wallet. They then fled the scene. Frank called the police and Farai was apprehended a short time later at Augustine Lane, Belmont. He was placed on an identification parade the following day and positively identified by Timothy as one of the men who had robbed him.