A Corentyne man was yesterday sentenced to 13 years in prison for the killing of a guard while his co-accused who was a teenager at the time of the murder was sentenced to two months in jail.
The duo had pleaded guilty to manslaughter in relation to a Tain Settlement security guard who was killed during a robbery in March, 2018, at Rose Hall Town, Corentyne.
In April, 2018, the two were charged with the murder of Muneshprem Ayasammy Monien, 53, during the course or furtherance of a robbery.
Carlos Bollers, 22, of Lot 119 Williamsburg Village, Corentyne, and his co-accused, who was a minor at the time of the crime, entered their guilty pleas before Justice Simone Morris-Ramlall at the High Court in Berbice yesterday.
Justice Morris-Ramlall yesterday started Bollers’ sentence at 27 years but after deductions were made for mitigating fac-tors, a guilty plea, and time spent in remand she sentenced the man to 13 years in prison.
However, for the sentencing of the co accused, 20, the judge asked that the reporters exit the virtual hearing.
After the proceedings, the ruling was provided to the media through the court, which noted that in all the circumstances of the case the judge found that a custodial sentence coupled with counseling, probation and supervision was warranted. “I believe that this will foster a sense of responsibility in the offender and promote his education, rehabilitation and reintegration,” the judge declared.
However, she indicated that pursuant to Section 44, the maximum sentence which the court can impose on the offender under the Act is five years, which she used as the starting point for sentencing.
She took into consideration the fact that the offender has a previous good record/character, his genuine expression of remorse, his personal history and the possibility for rehabilitation.
“These are mitigating circumstances on the basis of which I discount six months.”
From the remaining 4 years 6 months, one-third was discounted on account of the guilty plea and an additional 2 years and 10 months for time served on remand.
“This means that there is a remaining period of two months’ imprisonment for the offender to serve,” the ruling stated.
However, in addition to the two months in prison, the judge ruled that immediately upon conclusion of the sentence, the offender must be placed on probation and supervision for a period of three years during which time he shall keep the peace and be of good behaviour, report to the Chief Probation Officer on or before the last Monday of every month, notify the Chief Probation Officer of any change of address or any change in the offender’s place of employment, remain in the territorial jurisdiction of Guyana, unless the offender obtains the permission of the Court to leave the jurisdiction, com-plete a course in computer studies and or any other technical field with guidance from the Chief Probation Officer, make reasonable efforts to obtain and maintain suitable employment, and perform community service in the Albion or Rose Hall communities for two hours weekly for a period of six months at a place or institution directed by the Chief Probation Officer commencing from one month of the end of the period of his custody.
Also, within one month from the end of his period of custody, the Director of Childcare and Protection Agency shall issue a positive peer association directive requiring the offender to associate for a specified period with a specified person who the Director has reason to believe can contribute to the positive behaviour of the offender.
Meanwhile, a probation report which was presented on behalf of Bollers, a high school dropout, noted that he was employed as a sales boy who earned $10,000 weekly at the establishment where the incident occurred.
According to the report, he was sorry for the loss of the deceased, which he said happened unexpectedly.
The owner of the business where the accused and deceased worked, described Bollers as a hardworking and quiet person, who got along with his colleagues.
The owner said, the accused worked with him from a very tender age but in 2017 he was caught stealing and was given a second chance.
According to the probation report the relatives of the deceased are seeking justice for his death.
The report also noted that the duo worked at the location with the deceased and would often make jokes with him.
Terrible mistake
The accused who was seeking forgiveness asked that he be given a second chance at life since he has pledged not to commit such a crime again, the probation report noted.
Bollers yesterday stated, “Your honour I am very sorry for the terrible mistake that I have made. I am very sorry to Rampersaud and his entire family for the pain and sorrow I caused them. It was the stupidest thing I ever done and I regret it every day of my life.”
He added, “I am very sorry to uncle Bula for losing his trust for me and I thank him for employing me at the store, the store work was the best work I ever had and I didn’t know until I lost it. I regret it.”
His lawyer, Surihya Sabsook, pointed out that Bollers was only 19 years old at the time of the crime. She said, the accused is remorseful about his severe lack of judgment.
She submitted that based on his age, there is hope of rehabilitation and stressed that his first step was admitting that he was wrong in this matter.
Sabsook mentioned that the prosecutor had noted that the accused cooperated with the police from the start of the investigation and added that Bollers is a first time offender and is family oriented.
She asked that the judge dispense justice with mercy while acknowledging that a life has been lost, “However again I respectfully ask this honourable court for mercy on the accused.”
However, prosecutor, Tuanna Hardy, stressed that the accused must face the consequences of his actions. She argued that poverty should not be an excuse for his actions.
Nigel Ramsammy, brother of the deceased, said that his brother was a very hardworking and dedicated person. The man noted that his entire family suffered after his brother’s death, and he asked that justice prevail.
Questioned by the prosecutor about his thoughts on Bollers taking responsibility for his actions, Ramsammy responded that it appears that anybody can commit a murder and then just take responsibility for it.
Sentencing
Justice Morris-Ramlall before sentencing Bollers, said, she took into consideration the nature and circumstances of the offence, as she noted, that unlike the co-defendant, Bollers was of age and was expected to be conscious of his actions.
She said the evidence showed that the plan was to rob the premises, which resulted in the death of Monien, who was the guard at the premises. The judge noted that Monien met his death in a gruesome manner.
Further, she considered that the offender was aided by the co-accused, who both were employed at the location with the deceased. She also considered that instead of Bollers showing gratitude after being pardoned for his previous transgression, he planned and executed a bigger robbery, breaching the trust of his employer.
She also took into consideration the impact on the relatives of the deceased and started the sentence at 27 years. However, she considered as mitigating factors that he was a first-time offender, his expression of remorse, his personal history and family background, and though he was an adult, he is a young offender and therefore his prospects for rehabilitation are greater. Based on these factors she discounted three years from the sentence.
One-third was then taken off for his guilty plea and an additional two years and ten months deducted for time spent in remand.
Justice Morris-Ramlall then ruled, “The offender is therefore sentenced to a term of 13 years and two months.”
The judge also ordered that Bollers receive counselling on a quarterly basis.
