As she planned the funeral of her husband, Mary Jagdeo did not know that she was expecting her fifth child who would never meet his father, “and I had to process that this unborn child would inevitably share no sacred moment with his dad.”
This reality seemed still too great for Jagdeo to bear as she spoke in anguish of the pain of losing Danian Jagdeo whom she described as the perfect soul-mate and remarkable father to their children.
In her tearful address yesterday at the sentencing-hearing of the five men who shot and killed Danian on the morning of February 8th, 2017, Mary was intent on letting them know the value of the husband and father they took.
“They need to pay for this injustice…those res-ponsible consciously planned and executed his murder; one that unfortunately changed our once happy fairytale life, to one of pain and anguish. They should consciously, long sufferingly face the penalty,” was the message of Danian’s still grieving widow to the High Court in Berbice.
Justice Sandil Kissoon who appeared in agreement with the sentiments expressed by the surviving spouse, would later visit the quintet who were all known to the deceased, with hefty sentences; imposing upon mastermind Mark Dhuman and Abdullah Azimullah the harshest—death.
The death sentence has not been enforced here for many years and a de facto moratorium exists.
Zahir Abdul and Shannon Batson were visibly shocked at the life sentences they were each handed.
Satesh Budhram, the youngest convict in the lot who was 19 years old at the time, was sentenced to 17 years; but the shock by which he was clearly overcome came from Justice Kissoon informing him that he could have been “home by now” had he accepted responsibility for the part he played.
“Those who resolve to engage and embrace a path of crime and criminality that violates the dignity of human life and threatens the safety and wellbeing of members of society, equally must be prepared to accept the consequences of such conduct in law,” was Justice Kissoon’s firm message to the convicts in his opening remarks.
Referencing what he said were the detailed written and oral statements they each provided to the police of their involvement, Justice Kissoon underscored that the crime had been meticulously planned, orchestrated and executed against an unsuspecting Danian whom they had under surveillance days before.
Justice Kissoon noted from the evidence presented during the trial that it was Danian’s earnings from his trade which attracted the attention of Dhuman, who the judge said then procured “career criminal” Azimullah, who has had repeated previous brushes with the law.
Danian was shot four times at close range in his back and about his body by a gun which the court heard was recovered from Azimullah, which had been provided by Batson; a former student of the deceased.
Justice Kissoon lamented the manner in which the young man had repaid his former teacher.
Zahir was the shooter the court heard.
In imposing sentence, the Judge noted that the maximum sentence for the offence remains murder. Referencing a plethora of case law authorities as well as the aggravating and mitigating circumstances of the case and the part played by each convict, however, Justice Kissoon noted those as factors by which he needed to be guided.
The Judge said that the “multitude” of aggravating factors which featured in the crime committed on the deceased reflected its inherent gravity and seriousness and thus places the matter at the “extreme high end of the scale” of sentencing.
Justice Kissoon noted that the convicts had all known the deceased and that it was after Dhuman had gotten a $100,000 loan from Danian, that he from that point started planning to rob and kill him.
Gold band
The judge went on to lament the callous nature of the mastermind who on the night of the murder went to the home of Danian’s widow, demanding that she return to him a gold band he had lodged as security for the loan from her husband; under the pretext that he had already repaid the money; though this was farthest from the truth.
Azimullah is a relative of Danian.
The Judge said that he found no mitigating circumstances.
Noting that Budhram played a relatively minor role in the crime and was a youth at the time, the judge said the he was capable of rehabilitation.
On this point the judge said that had Budhram related what he did in his statements of mitigating factors filed with the Court, after the verdict of the jury, “had he brought those matters and circumstances to the attention of the Court at the beginning of this trial…he would have been home on today’s date.”
The statements of mitigating factors filed by Budhram’s attorney had previously been submitted to the Court and were not read at yesterday’s sentencing hearing.
“He [Budhram] elected to pursue this path,” the judge noted.
He told the youngster who had a previously unblemished record, that there is potential for him to be rehabilitated and reintegrated while emphasizing that his role in the crime was a relatively minor one.
The judge, however, impressed upon him that had he accepted responsibility for his actions and conduct at the commencement of the trial, “you would not be here on today’s date.”
The judge said that during the trial the young man raised grave allegations of impropriety against police, but that he then sought refuge in the dock when given an opportunity to have his allegations tested and refused to be cross-examined on those matters.
“Your conduct before this court leaves much to be desired,” Justice Kissoon said; while adding that the Court considered that it was within his power to prevent the crime by reporting the matter to the police and alert and inform the now-deceased Danian of the heinous plan against life.
The judge said that the five accused had all confessed to their individual roles in committing the heinous crime and had been found guilty by their peers.
In his lengthy address, Justice Kissoon told the convicts just before passing their sentence that members of society must be free to go about their business and conduct their affairs without fear of being robbed or killed. The alternative he said, is unacceptable and cannot be condoned.
To the sentences imposed upon Zahir, Batson and Budhram, Justice Kissoon ordered that the time they would have spent on remand awaiting trial be deducted.
Mary in her victim impact statement said that the murder of her husband and father of her children came as a shock, “one that literally broke our hearts into countless pieces that are impossible to be mended.”
Memorializing the man she described as a truly family-oriented, Mary recalled them both leaving for work on that fateful day and their children for school.
She recalled conversing with Danian on plans they had made for that evening, including what meal they would sit and enjoy as a family, “an evening that never came because of an inhumane act by five heartless, non-remorseful human beings, all of whom were known to him.”
She said that Danian’s death has taken a toll on the family psychologically, physically, financially and emotionally, while lamenting the single mother status she earned abruptly.
“I had to deal with two long years of intense grief, sleepless nights, loss of appetite, loss of weight, inability to function at my job, depression, multiple visits to doctors, addiction to antidepressants [and] being anti- social because I felt broken and lost,” Mary said as she fought to hold back the tears.
She said that her children miss their father dearly while lamenting her feeling of hopeless in her ability to provide answers to their countless “whys.”
On February 8, 2017, Jagdeo, 36, of Lot 12 Section G, King’s Street, Williamsburg Village, Corentyne, left his home before the crack of dawn to ply his trade as a phone card distributor. Jagdeo, who supplied phone cards to store owners on the entire Corentyne up to Crabwood Creek, was making a stop at a shop located on the main road of Adventure, Corentyne around 3:30 pm when a man wearing a hat to hide his face entered.
Jagdeo became suspicious and asked the shopkeeper if she knew the man. She said no and the man then whipped out a gun and fired a shot.
According to reports, a scuffle ensued between Jagdeo and the gunman, who shot him twice. The bandit then grabbed Jagdeo’s bag and ran outside, where his accomplice, who wore a full-face helmet, was waiting for him on the stolen motorcycle. The two men rode to Friendship, Corentyne, where they left the motorcycle and were then picked up by a silver-coloured car. The men then drove to Springlands, Corentyne but then turned around and proceeded back to Rose Hall Town.
The five were accused were later arrested and charged with Jagdeo’s murder.
According to an autopsy, Jagdeo died due to shock and haemorrhaging.
The State’s case was presented by prosecutor Abigail Gibbs. Attorneys-at-law Siand Dhurjon, Moti Singh, Ravindra Mohabir, Sasha Roberts and Surihya Sabsook were on record for the accused.
