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  • Teen who raped, buggered and smothered girl, 9, to death sentenced to life in prison

Teen who raped, buggered and smothered girl, 9, to death sentenced to life in prison

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JAMAICA OBSERVER: The absence of any “empathy or sympathy” on the part of the Westmoreland teen who used his knowledge of his nine-year-old neighbour and schoolmate’s love of fruits to lure, rape, bugger and smother her to death in 2018 signalled that he had such a “deep problem” that he could not be sentenced to less than life behind bars, Supreme Court Judge Justice Courtney Daye said on Friday.

The judge, in sentencing the youth to life in prison with eligibility for parole after 23 years and nine months for the murder, told him, “You allowed yourself to be overcome by this abnormal — for your age — sexual passion to an innocent young child and it is of the highest order, and it has to get a sentence that reflects that.”

For the offence of rape, the judge sentenced the convicted teen to 18 years, and for the buggery charge the maximum of 10 years. The prison terms will, however, run concurrently, making it so that he will spend the longest of the three sentences — 23 years and nine months.

Justice Daye, who credited the teen for the time spent in custody and the fact that residents of his community had indicated he was not of a violent nature, said despite those discounts the aggravating factors were such that the sentence he recommended still ended up at 23 years and nine months. Those aggravating factors included his “insensitive conduct” as he pretended not to know where the child was or what had become of her when asked, and had denied being in her presence.

Furthermore, according to the social enquiry report, up to the time he was convicted this year, the defendant remained reserved and uncooperative in earlier interviews. According to that report, he only opened up after he was convicted in July this year, telling interviewers that he had been abandoned by his family and had decided to put his “heart in a safe place” as it was just him “against the world”. According to the report, he gave his account of the incident fluently and was implacable as he maintained that he was “not fearful of a long prison sentence”.

“Your conduct is a worrying aspect; you probably should get more than the two years [added to the 25-year starting point for that aggravating factor],” the judge said.

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He said the fact that the youngster showed “no empathy or sympathy” indicated that he had “a deep problem”.

“You have to get extra years for that,” the judge said while noting the report of the mental health experts which said that a person who shows no empathy for wrong actions is “susceptible to recidivism”.

The judge, who pointed out that if the accused were an adult the starting point for the court, based on the law, would be 35 years, said the sentence arrived at by the court is “both proportionate and deterrent” and would give the teen much-needed time to reflect.

He also expressed scepticism at the finding that the accused was “illiterate”, noting his use of words during the interview with an aftercare probation officer in which he described himself as suffering from depression.

The report also said that the accused was reading way below his grade level, with conflicting accounts as to whether he was in grade six or grade eight.

Director of Public Prosecutions (DPP) Paula Llewellyn, KC, proposed life imprisonment for the murder and 20 years behind bars before eligibility for parole. She also proposed 15 years for the rape and seven years for the buggery, and suggested that the sentences run concurrently.

Justice Daye, however, said he went higher than the 20 years suggested by the DPP for the murder because of the “gravity” of the offence, the age of the victim, and the fact that the defendant showed no remorse. He, however, endorsed the recommendations of the psychiatrist that he should receive psychotherapy as part of his childcare plan while in custody.

On Friday the DPP was at pains to point out that the accused was much heavier than the 50 pounds of the diminutive girl who was just over four feet tall. The lead prosecutor went on to describe as “egregious” the lacerations in the anus and vagina of the child while dismissing the account of the accused that he had only entered her anally under duress because of the presence of two adult males who instigated the attack.

According to the youngster, out of fear for his life and under threat from a gun aimed at him by one of the men, who also raped the child, he penetrated her but was uncertain of where his phallus went. The DPP, in rubbishing that account, described it as “a defence of convenience”, adding that the damage to the child was such that only an erect male member could have inflicted it.

She argued that if he had been in fear he would not have been able to get an erection and cause that much damage to the deceased.

“It would have been impossible; his penis would have been flaccid,” she said, adding that “the accused would have been aware of the agony of the deceased, yet he continued”.

“She was then strangled,” the DPP pointed out, noting the pathologist report which said the little girl suffered two to three minutes before dying.

“She suffered at the hands of her neighbour, her friend, someone she viewed as somebody she could trust,” the DPP stated, adding that despite the mountain of evidentiary material the defendant opted to maintain his innocence.

Another aggravating factor, the DPP said, was that he “left her with her uniform above her chest, her legs spread-eagled, her small tights dangling from one ankle, her genitalia exposed to the elements, on her back in bushes and did not tell anyone [her whereabouts] even though he knew the community was searching for her”.

On Friday the stocky youth sat in the dock abnormally still for the well over two hours sentencing exercise. His only movement when standing to be sentenced was to shift his weight from one leg to the next, his hands loosely crossed behind his back. Following the handing down of the sentence he turned, still stoic, walked to the entrance of the dock to be handcuffed and left the courtroom, exchanging a long glance with his father before being led outside.

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REQUEST FOR EXPRESSIONS OF INTEREST

(CONSULTING SERVICES – INDIVIDUAL SELECTION)

 

OECS MSME Guarantee Facility Project

Loan No.: IDA-62670, IDA-62660, IDA-62640, IBRD-88830, IDA-62650

Assignment Title: Senior Operating Officer (SOO)

Reference No. KN-ECPCGC-207852-CS-INDV

 

The Governments of Antigua and Barbuda, Commonwealth of Dominica, Grenada, St. Lucia and St. Vincent and the Grenadines have received financing in the amount of US$10 million equivalent from the World Bank towards the cost of establishing a partial credit guarantee scheme, and they intend to apply part of the proceeds to payments for goods, and consulting services to be procured under this project. 

The consultant will serve as the “Senior Operating Officer (SOO)” for the ECPCGC and should possess extensive knowledge of MSME lending with some direct experience lending to Micro, small and medium-sized businesses, knowledge of the internal control processes necessary for a lending operation and the ability to design and implement risk mitigation procedures. The ideal candidate should possess an Undergraduate Degree from a reputable college or university, preferably in Business, Accounting, Banking or related field, with a minimum of 5 years’ experience in lending, inclusive of MSME lending. The initial employment period will be for two years on a contractual basis. Renewal of the contract will be subject to a performance evaluation at the end of the contractual period. The assignment is expected to begin on September 30th, 2021.  The consultant will report directly to the Chief Executive Officer of the ECPCGC.

The detailed Terms of Reference (TOR) for the assignment can be viewed by following the attached link below. 

 

https://bit.ly/3iVannm

 

The Eastern Caribbean Partial Credit Guarantee Corporation (ECPCGC) now invites eligible “Consultants” to indicate their interest in providing the Services. Interested Consultants should provide information demonstrating that they have:

  • An Undergraduate Degree from a reputable college or university, preferably in Business, Finance, Banking or related field; and
  • Minimum of 5 years’ experience in MSME lending. Applicants should also have:
  • The ability to design and implement risk management procedures 
  • Extensive knowledge of MSME lending with some direct experience lending to small and medium-sized businesses
  • Extensive knowledge of MSME banking operations
  • Knowledge of the internal controls necessary for a lending operation and the ability to design and implement risk management procedures
  • Experience developing and presenting information in public, including responding to questions in real-time
  • Experience lending to MSMEs located in the ECCU
  • Knowledge of marketing and communicating with the MSME sector
  • Ability to draft procedures to be used in a lending operation
  • Familiarity with the mechanics of a loan guarantee program
  • Exceptional written, oral, interpersonal, and presentation skills, and
  • Proficiency in the use of Microsoft Office suite.

The attention of interested Individual Consultants is drawn to Section III, Paragraphs 3.14, 3.16, and 3.17 of the World Bank’s Procurement Regulations for IPF Borrowers July 2016, [revised November 2017] (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest. A Consultant will be selected in accordance with the Approved Selection Method for Individual Consultants set out in the clause 7.34 of the World Bank Procurement Regulations for IPF Borrowers. 

 

Further information can be obtained at the address below during office hours 0800 to 1700 hours:

Eastern Caribbean Partial Credit Guarantee Corporation

Brid Rock, Basseterre,

St. Kitts.

Expressions of interest must be delivered in a written form by e-mail by August 11th, 2021, to [email protected]

 

For further information, please contact:

Carmen Gomez-Trigg                                                            Bernard Thomas

Chief Executive Officer                                                          Chief Financial Officer

Tel: 868-620-8144                                                                  Tel: 869-765-2385

Email: [email protected]                                          [email protected]