The prosecutor in the case in which a pastor his wife and daughter were on April 30 jailed for dousing a man with hot water two years earlier, says he is confident that the conviction and sentence would stand if appealed.
Immediately after their conviction and sentencing, Kay Bacchus-Baptiste, lawyer for Nigel Morgan, his wife, Althia, and their 23-year-old daughter, Krystal, signalled her clients’ intention to appeal the sentence.
The lawyer told iWitness News that the court had ignored what she said were inconsistencies in the evidence the virtual complainant gave in court and what he told police officers who investigated the matter.
But one week after the verdict and sentence, Senior Prosecutor Adolphus Delplesche told iWitness News that he is “pretty confident” that the higher court would uphold the verdict and sentence of Senior Magistrate Rickie Burnett.
“I am pretty confident. I think the conviction is pretty safe, based on the evidence that was adduced by us,” Delplesche told iWitness News.
“Appeal is of right. Anybody can appeal a matter, but I am pretty, pretty confident that the conviction will be sustained at the Court of Appeal, based on the evidence,” he said.
The Morgans, residents of Hopewell, Marriaqua, were found guilty of a charge that on April 9, 2016, they inflicted grievous bodily harm on Cuthbert Victory, a resident of Caruth Village, another community in the same interior district.
The court heard that the older Morgans held Victory in a drain at the roadside near their home while their daughter doused him with a hot liquid — said to be water — poured from an electric kettle.
The Morgans and Victory had earlier engaged in an exchange of words after Mr. Morgan engaged Victory over what the Morgans described as vulgar music Victory was playing in the yard of one of the Morgan’s neighbours.
Victory, a construction worker, sustained burns to his back, neck, chest, and face, which he said are still affecting him although they have healed.
Burnett sentenced each of the Morgans to four years in prison. The magistrate could have sentenced them to a maximum of seven years.
Delplesche said he was satisfied with the sentence.
“I think justice was done in the matter. To my mind, it was a very gruesome crime and I think the sentence is justified, given the nature of the offence.”
The prosecutor said he felt satisfied with the outcome of the case.
“Professionally, I feel satisfied. I don’t get my personal feelings in matters of this nature, but, professionally, I am satisfied that — as I said, the wheels of justice may have been slow but sure. Justice was done in the matter.”
One of Victory’s relatives told iWitness News on Wednesday that he has already begun talking to a lawyer ago a civil case against the Morgans.
Morgan will also lose his money to his lawyer!
Y’all must pay for y’all sins on that burn victim.He was burn very badly.
If they lose their appeal the sentence should be increased because it was to little for the crime committed.
The law does not work that way i.e. if they lose their appeal, their sentences will be increased. The only way that any matter related to sentence will even be considered, is if the State appeals their sentences. I do not predict that this will be a course of action of the State.
I agree G.T that if they lose the appeal the sentence should be increased, because it is still within the scope of the maximum, however I don’t agree that it was too little. You have to pay attention to the facts of the case and the fact that they were first time offenders. The Magistrate – one could say – tempered justice with mercy. I believe it was a fair measure!
The Morgan’s have already sentenced to four years and have appealed the the sentence. Should they loose the appeal , the sentence cannot be increased unless the crown appealed the sentence due to some procedural error. The right to appeal is written in the law and should not be seen as an abuse of the law unless it is, seen as frivolous or a abuse of the process. In addition , there are grounds for appeal . The whole process strengths the judicial process so that we can have faith in the system.
Everybody addressing morgan as pastor. I remembered him being a teacher, was he still teaching at the time of that barbarian incident?
It does not work that way!
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