The extent of criminality in the Caribbean has long been the subject of concern for the Region’s lawmakers and protectors. But nothing prepared them for the recent heinous offence committed against a mother and her unborn child in the British Virgin Islands.
Kandy James and Akeem Richardson, have been jailed on Tuesday, December 13 by Justice Indra Hariprashad-Charles for their part in procuring a miscarriage on February 28, 2010.
On the day in question the virtual complainant (VC), Richardson’s ex-girlfriend, was taken to a Road Town hotel by Richardson. While she was partially asleep the VC felt someone sitting on her and choking her tightly while attempting to insert tablets into her mouth, it was Richardson. Kandy James is said to have forced many of the same tablets in the VCs vagina.
The proof was established by the police who were assisted with records of text messages between James and Richardson on the morning of February 28, 2010.
In handing down her decision, Justice Hariprashad-Charles said that the facts reminded her of an “evil, demonic and satanic plot”, saying there are a minimum of six aggravating factors in the case.
The judge said she read the facts of the case in excess of 10 times, and stated that she found it to be tragic.
She confirmed the two defendants pleaded guilty on October 18 to unlawful procurement of “a thing, the nature of which is unknown” convinced it was intended to be unlawfully used in an assault which occasioned actual bodily harm.
“I look at the fact that seven years is the maximum allowed for count three (procuring) so one has to understand that the court is bound to follow this guide, as it’s illegal and wrong to do otherwise. This is the first time I’m dealing with a case so evil and heinous and wonder what could have possessed these young people commit such an offence? I am convinced from the evidence that James was the mastermind and Richardson was naïve and stupid, to have gone through with this.
The only mitigating factors were that the defendants pleaded guilty and both had no previous convictions.
Richardson appeared very remorseful, very apologetic and perhaps naïve, the judge said however she stressed James showed little or no remorsel.
“As you go through the litany of emails, you see that James was the mastermind… I discounted the social inquiry report that did not speak highly of James… When I look forward and see all these people in court it grieves me that I have to send these young people to jail, but I have to ensure that the scales of justice are balanced; the most difficult thing for a judge is the sentencing.”
Justice Hariprashad-Charles sentenced Richardson to four years imprisonment for the charge of the unlawful procurement of “a thing, the nature of which is unknown” knowing it was intended to be used to commit a felony; and made ruled equally on the same charge for James. For the charge of assault occasioning actual bodily harm Richardson was sentenced to two years in prison and James to three years in prison. Richardson’s sentences are to run concurrently and James’ to run consecutively.
In explaining her decision, the judge said: “What James did is more serious than what Richardson did; her sentence must run consecutively.”
The judge explained in the case of Richardson that a number of people sent her letters speaking highly of him.
In summary Richardson was sentenced to four years in prison, while James has been sentenced to seven years. This leaves the BVI community very upset that their neighbours, friends, acquaintances and relatives are capable of such acts of cruelty but they are equally satisfied with the punishment meted out to both Richardson and James.
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