Kurt Erskine, who was involved in the plot to rob Regent Multiplex Mall owner, Ganesh Ramlall, who was killed when bandits pounced on him, was yesterday afternoon sentenced to 25 years, but after deductions, will be spending just about 16 behind bars.
The sentence was handed down by trial Judge Simone Morris-Ramlall, who, in dismissing the claims of the defence that Erskine had effectively withdrawn from the criminal plot to rob the business owner, had in fact remained with the group which invaded the man’s premises, even after the killing.
She underscored that the return of a guilty verdict by the jury, was indicative that the panel disbelieved Erskine’s story.
The 41-year-old father of four was indicted for murder, but a jury earlier this month convicted him for manslaughter.
Ramlall was killed when bandits attacked him just after he arrived home minutes after midnight on July 5th, 2015. They shot him eight times before stripping him of his jewellery.
At the sentencing hearing yesterday, Justice Morris-Ramlall lamented the senseless killing while recalling from the evidence presented at trial, the careful planning by Erskine and his cohorts to rob the man.
Justice Morris-Ramlall lamented the time and thought invested, the plans of when and how to subdue the mall owner, all apart from which she said the evidence demonstrated Erskine was “integrally involved.”
In a victim impact statement, Ramlall’s widow, Chitrakha, described her husband as her ‘protector,’ a “hero” to herself and daughter—loving and caring—“his presence was my safe haven,” she told the court.
In tears, the woman said that she and her husband toiled “from scratch” for years to build for themselves an “honest, happy, comfortable and successful life” which was snatched from them in the twinkling of an eye.
She broke down as she referenced the reality of her husband being killed just when she said he should have been able to relax and enjoy the success of his years of “struggle.”
“Our home hasn’t been the same since my husband was taken away from us. Fears and grief overwhelm me daily,” she said, while adding, “depression is there constantly like a dark cloud. The sad reality that he was brutally murdered replays in my mind.”
The woman who constantly struggled to hold back her tears said that since losing her husband, she has developed anxiety and insomnia which she said is a “heavy burden to fetch.”
“Ever since my husband’s death, it feels like my life is slowly pining away with my stress-related illness, weight-loss, and depression among many other torments. Sometimes it feels like I live a nightmare daily,” Chitrakha said.
“My life hasn’t been remotely close to true happiness. I do not think I will ever be able to find peace and recover from the emotional and mental suffering that the criminal actions of this accused have caused me,” the woman said in between sobs.
Meanwhile, when given a chance to speak, Erskine begged the woman and her daughter in particular for their forgiveness, even as he begged Justice Morris-Ramlall to have mercy on him.
In his sobbing address, Erskine blamed himself for “following friends,” while stating that he had begged them not to follow through with the robbery anymore after he had seen one of his cohorts with a gun.
Sobbing seemingly uncontrollably, Erskine told the judge that not a day passes without him praying for the wife and daughter of the deceased “for God to give them the strength” to cope with the devastation of their loss.
He then presented himself to the Court as worthy of leniency, stating that if given a chance to be reintegrated to society he would demonstrate qualities of reform and said he would make valuable contributions.
For her part, however, special prosecutor Konyo Sandiford asked the judge to impose a sentence that would reflect the nature and gravity of the crime committed, while underscoring the need to send a strong message on deterrence.
On this point she said that despite Erskine’s story of effectively withdrawing from the joint-enterprise with his co-conspirators, the actions he displayed both before and after the killing, were inconsistent with his asseverations.
She lamented, too, the eight months he had been on the run before being apprehended by police to be brought to justice.
Sandiford said he never thought it prudent to present himself to the mercy of the police or even the Court; in accepting at the first given opportunity like his former co-accused, responsibility for his actions.
The prosecutor said that the lesson must be learnt that once a part of a criminal joint-enterprise to commit a felony, during the course of which death results, all parties will have to face heavy criminal liability therefor.
Pointing out the references made by defence attorney Lyndon Amsterdam to the sentences imposed on Erskine’s two co-conspirators, Justice Morris-Ramlall distinguished that while those persons had thrown themselves at the mercy of the Court, Erskine did not.
While acknowledging his right to a trial which she noted could not be held against him, the judge said that weight will naturally be placed on an accused who accepts responsibility for their actions at the first-given opportunity, in contrast to one who faces a jury and is then convicted.
She noted, too, that neither of those two persons had been at the scene on the fateful night of the shooting.
The judge said also that while there was the expression of remorse in court, Erskine in his interview with the probation and social services officer continued to protest his innocence, though the jury had spoken.
The judge said that in all of the circumstances, a base-sentence of 25 years would be imposed, from which she then deducted two years for the report of his good prison behaviour.
From the remaining 23 years, she then ordered that the prison will make deductions for time the offender would have spent on remand awaiting trial.
On March 17th, Lennox Roberts, who was the mastermind behind the attack on the mall owner, was sentenced to just about an additional five years in prison.
He was indicted for murder, but pleaded guilty to the lesser count of manslaughter.
Justice Morris-Ramlall commenced his sentence at a base of 18 years, from which she deducted six years as the mandatory one-third deduction for the early plea.
The judge had said she found no reason to deviate from awarding credit therefor.
From the remaining 12 years, she then ordered that the prison authorities will make deductions for time Roberts would have spent on pre-trial remand.
Roberts had been incarcerated since 2015.
Roberts and Erskine had been originally indicted for murder, along with Faizal Bacchus; who was the first to throw himself at the mercy of the Court, pleading to the lesser offence of manslaughter.
Earlier this month, Bacchus was released from prison after being credited for time served.
With that credit and other deductions from an 18-year sentence, he was released from prison.
