Murder accused Andrew Albert was last evening sentenced to 25 years in prison by Justice Navindra Singh after a 12-member jury convicted him on the lesser count of manslaughter.
The indictment against him was that on August 10th, 2010, at Uitvlugt, West Coast Demerara, he murdered 43-year-old Nandalall Bopat. The prosecution’s case was that Albert, who was armed with a knife, dealt Bopat several fatal stabs about his body.
Albert had denied the charge and, in leading his defence in unsworn testimony, said that he was defending himself during the fatal encounter.
Justice Singh started the sentence at 30 years but subtracted five years for the time Albert has spent behind bars awaiting trial.
With the jury having convicted Albert on the lesser count of manslaughter, the judge opined that they must have been satisfied that there was some degree of provocation on the part of the deceased.
Recalling the death certificate, which indicated that the deceased sustained 14 incised wounds, Justice Singh noted that he would usually add years for the brutality of the crime.
He advanced that the infliction of injuries to that extent was “an excessive reaction” on the part of Albert. The judge, however, reasoned that one cannot precisely determine what should be considered an appropriate reaction from someone who is provoked.
The judge informed that Albert will be eligible for parole after serving 15 years.
“You’ll come out at a time where you can still contribute to society,” Justice Singh admonished Albert. “At 30, you’re at a fairly young age, and can still make a meaningful contribution to society,” the judge continued.
Justice Singh encouraged Albert to continue learning to read. Albert’s attorney, George Thomas, said the man had been learning to read during the past five years in jail.
When asked whether he had anything to say before being sentenced, the convict declined.
In mitigation, Thomas, however, said that his client has four minor children and was at the young age of 25 when the altercation occurred. He had also asked the court to take into consideration that his client’s case was not one of a crime-of-passion, while emphasising that there were contributory acts from Bopat himself.
In his plea for the court’s lenience, the defence counsel said too that his client had no previous convictions, nor pending matters and had never had any issues with prison authorities. “Please for the minimum sentence in these circumstances,” Thomas had begged.
Albert appeared composed and calm after learning his fate but his relatives were moved to tears.
The members of the jury retired for deliberations at 2:30 yesterday afternoon after the case was handed over to them. They then emerged at 4:30 to seek further directions from the judge. They then returned with a unanimous verdict of guilty for manslaughter, at 6pm.
The state’s case was presented by prosecutor Narissa Leander, in association with attorney Teshanna James-Lake.
