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By
Denyse Renne
A 28-year-old man charged with murdering his 16-year-old
cousin has been sentenced to hang, while his friend will
serve seven years’ imprisonment for the murder.
Marcus Daniel was sentenced to hang yesterday by Justice
Herbert Volney, after a guilty verdict was delivered by
a 12-member jury, which had deliberated for over two hours.
He was jointly charged with Osei Lazare with murdering Suzette
Gibson, on the night of January 23, 2002, at a secluded
area in Blue Basin, Diego Martin.
However, after the death sentences were read to both men
and they were being led away from the prisoners’ dock,
Lazare’s attorney, Israel Khan, SC, told Volney, “Accused
number one (Lazare) was 17 when the murder happened. He
cannot be hanged.”
Daniel told the court he had nothing to say in a plea for
leniency and was led out of court.
But while Lazare was being ushered out, a stern-sounding
Khan said: “He has no previous convictions and was
17 years at the time, and was only aiding and abetting.
I ask that you consider this and not sentence him to the
State’s pleasure.”
But Volney told Khan he needed to set “some punishment,
even if it is to set a time for the matter to be brought
up for review.”
Khan suggested a four-year sentence review.
When asked his opinion on the matter, State prosecutor Alexander
Prince said a 25-year period would not be not unreasonable,
as the Court of Appeal had suggested in past cases.
But Volney dismissed this suggestion, saying the 25-year
sentence was only for “the most heinous crimes, and
this is not one of them, given the status of this case.”
In his submissions, Prince told the court Daniel stabbed
Gibson more than 20 times after she slapped away his hand
while he was touching her.
In his defence, Daniel said he was drunk and had smoked
a cigarette with marijuana and crack cocaine.
He also said he was listening to rock music and when Gibson
slapped his hand away, he saw a dark figure in front her
and started “firing stabs.”
Khan then referred to convicted Westmoorings killer Chuck
Attin, in whose sentence review his defence lawyers said
Attin found himself with the wrong company and lacked the
maturity to say something.
Noting that Lazare was not known to the police and was “more
a fool than a criminal,” Khan said, “He is stupid,
being in such company.
“I
agree that a message needs to be sent, but this is an emotional
case and I think that a manslaughter verdict is appropriate.”
Agreeing that Lazare “is a fool and he allowed himself
to be in such a position,” Volney said he respected
the jury’s verdict.
He told Lazare, “You, being a young person, have been
found guilty of murder and will detained at the court’s
pleasure for a period of seven years.
“You
are unlikely to be a threat to society. The court will monitor
your progress to see if you are doing something of progress
with your life.”
Volney said Lazare would be brought before the court in
four years, at which point, “depending on what progress
(has been) made, we will see whether you will serve the
remaining seven years.”
Afterwards, Gibson’s father Alvin said he was thankful
that the trial was over and the verdict was a fair one.
“I
have never cried since the trial and now I can be the same,”
he said.
“It
was rough and surprising, knowing that my nephew killed
my daughter. I never expected that.”
Adding that he was pleased with the work done by Alexander
and complainant Insp George Olliverie, Gibson said he was
looking forward to getting back to life.
Daniel was represented by attorneys Pamela Elder, SC, and
Owen Hinds Jr.
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