THE VINCENTIAN PDF-12-11-21

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FRIDAY, NOVEMBER

12, 2021

VOLUME 115, No.45

SVGTU standing firm Page 3

www.thevincentian.com

Bus driver freed Page 4

by HAYDN HUGGINS Myron Samuel’s appeal to the Mercy Committee was successful. He was released from a sentence of 18 months.

WHILE DEFENCE LAWYER GRANT CONNELL is pleased with the decision of the Mercy Committee here to release former national footballer Myron Samuel from prison on medical grounds, he thinks this case should serve as a catalyst for the state to amend the existing law, in relation to suspended sentences. The 28-year-old Samuel of Layou was released on Monday after serving almost three months of an 18-month prison sentence for possession of one Glock .22 pistol without license. He was also fined $3,500 to be paid by December 31 or nine months for possession of 15 rounds of .40 ammunition without license. The sentences were to run concurrently, if the fine was not paid.

Court did its work Senior Magistrate Rickie Burnett handed down the penalties at the Kingstown Magistrate’s Court, August 16, 2021. But Connell who had represented John who pleaded guilty to both charges, told THE VINCENTIAN on Wednesday, that he believed that if Magistrate Burnett had the

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option of imposing a suspended sentence he would have done so, but the law did not give him that option. Connell noted that Section 30 (2)(b) of the Criminal Code, Chapter 171 of the revised edition of the Laws of SVG, 2009, states that suspended sentences are not applicable in cases where persons are charged with illegal possession of firearms or ammunition. The lawyer said that in his mitigation on Samuel’s behalf, he had indicated to the Court that a suspended sentence would have been appropriate in the circumstances of the case, but unfortunately it could not be imposed, because of section 30 (2)(b) of the Criminal Code.

Call for amendment Connell who has repeatedly called for that section to be amended, reiterated his call, during his conversation with THE VINCENTIAN on Wednesday. He pointed that at the sentencing hearing, the prosecution had seemingly took pleasure in highlighting the point that this section denied that option. “The Court did its work, and the Mercy Committee carried out its function. “In light of the circumstances, precedents, and guidelines of sentencing, I think that Magistrate

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Attorney Grant Connell reiterated his call for an amendment to the law so as to allow for suspended sentences in guns/ammunition possession cases. Burnett was fair in passing the 18month prison sentence,” he contended. He noted that the offences for which Samuel was charged were serious offences which carry a maximum penalty of $20,000 or seven years in prison, and the offender could be fined and confined. “Certainly, Myron Samuel would not be the last young man to come before the Court in cases of this nature, so in my humble opinion, the powers that be should give serious thought to amending the section of the law which states that suspended sentences are not applicable to cases of illegal possession of firearms ammunition”. Connell said that as part of his mitigation, Social Inquiry and Medical reports were presented on Samuel’s behalf, and he highlighted the fact that Samuel was suffering from excruciating pain because of his medical condition. Connell said he understands that Samuel’s condition had since deteriorated. Continued on Page 3.


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