Kevin Ali, who admitted to fatally stabbing another man during a confrontation about playing Phagwah, was yesterday sentenced to 13 years in prison.
Ali, who had been charged with murdering Abdul Ghanie on March 8, 2012, had previously entered a guilty plea to the lesser count of manslaughter. He was sentenced yesterday by Justice Brassington Reynolds after a probation report was read in open court.
The probation officer described Ali as a “hardcore drug user,” whose excessive drug use hampered his ability to make rational decisions, thus resulting in him ending up before the court. The officer further stated that Ali has since shown remorse for his actions, however, she added that he should be made to stand the consequences for committing the crime.
Ghanie, of Lot 367 Enterprise and Good Hope, East Coast Demerara, died at the Woodlands Hospital, where he was taken shortly after he was stabbed in the abdomen.
Police had said that the murder occurred around 11.45 am, when Ali, who was walking along Carmichael Street, was doused with water and abeer by children, who were playing Phagwah. An annoyed Ali then began to verbally abuse the children.
The police had said Ghanie, who was working on a house nearby, rebuked Ali for abusing the children, “whereupon he [Ali] pulled out a knife and stabbed Ghanie to the chest.”
Representing Ali, attorney Peter Hugh sought to clarify what the probation officer meant when she referred to his client as a “hardcore drug user.” The officer explained that Ali was given several opportunities to rehabilitate himself but kept relapsing.
In mitigation, Hugh asked for the court to take into consideration that his client has been in custody for the past three calendar years, which is equivalent to five prison years.
In addition to mentioning that Ali chose not to waste the court’s time by entering a guilty plea to a manslaughter charge, Hugh also stated that though his client had a history of drug abuse, it was the first time he was being convicted for anything.
Hugh also stated that the system has failed his client, while making reference to a section of the probation report which stated that Ali would barter his personal belongings for drugs in prison. As a result, prison may not be the suitable place for Ali, the attorney said.
Lastly, Hugh highlighted that it was not a case where Ali had gone looking for trouble, but rather it was one of pure reaction by the accused, who was provoked by the actions of the children as well as by Ghanie. He went on to say that it was unfortunate that the one single injury which was inflicted upon the deceased turned out to be fatal.
In closing, the lawyer reminded the court that his client was remorseful for his actions before asking Justice Reynolds to be lenient in the sentencing.
Justice Reynolds highlighted Ali’s academic achievements in high school before saying that he neglected the opportunities afforded to him through the humble efforts of his parents.
In addition, the judge opined that Ali could be the “poster boy” for the ‘Say no to drugs’ campaign.
In determining the sentence, the judge explained that he took into consideration Ali’s age, the fact that he had no previous convictions, his guilty pleas as well as the time he spent on remand.
Ali was subsequently given a 13-year prison sentence after seven years had been deducted for time served on remand as well as for pleading guilty.
