Lenford Jack, 50, of Rillan Hill, and his son, Jarel Jack, 21, of Campden Park, have been jailed for one and two years respectively for a Dec. 3, 2022 attack on a fisherman at Lowmans Bay that left him with a cracked skull.
The men were tried before the Kingstown Magistrate’s Court on a charge that they unlawfully and maliciously inflicted grievous bodily harm on Ferdinand Providence, of Campden Park.
Senior Magistrate Colin John found Jarel guilty at the end of the trial last week but reserved his decision as relates to the older man.
Then, on Wednesday, he found Lenford guilty of the criminal assault.
The magistrate noted that instead of pacifying the matter when Providence complained about Jarel operating a boat dangerously in Lowmans Bay, Lenford told Providence that if Providence wanted to get to his son, he had to go through him.
The magistrate said it used to be said in his village that the small dog brings out the big one.
“But in this case, the big dog brought out the small one and caused problems and a serious offence to be committed — serious bodily harm,” John said.
“Mr. Providence could have easily died because of the injury to his head or even the stab wound. I think the matter is very serious and deserves a custodial sentence for both parties,” John said.
He noted that the court is permitted to impose a sentence of two years on the younger Jack.
The senior magistrate further pointed out that there was a full trial, and therefore the defendants are not entitled to a discounted sentence.
As the magistrate continued to formulate his sentence, defence counsel Israel Bruce, who was at the bar table from the beginning of the matter, rose and said he was wondering whether the court wanted to hear anything in mitigation.
The magistrate then invited him to do so and after a 40-minute plea in mitigation, the magistrate was still unmoved on a prison sentence for both men.
During the trial, the court heard that the complainant and the defendants know each other as they are all fishermen who operate from Lowmans Bay
Providence operates a seine and dives in the bay from time to time to look for fish.
The Jacks are open-sea fishermen whose boats are anchored at Lowmans Bay when not in use.
Providence and Lenford had never had any issues before Dec. 3, 2022, when Lenford stabbed him.
However, a few weeks before the incident, Providence was diving at Lowmans Bay looking for fish when Jarel sped his boat in the bay.
He thought that Jarel’s actions were dangerous and could have caused harm to him while he was diving and decided to share his experience with Lenford with the expectation that Lenford would warn Jarel.
On Dec. 3, 2022 about 3:30 p.m. the Providence went to Lowmans Bay where he met the defendants on the beach.
He approached Lenford and complained to him about the way Jarel had captained his boat dangerously in the bay.
After Providence made his complaint, Lenford said, “If you want to get to my son you have to come through me.”
He then pulled out a black handle flick knife from his pants pocket and stabbed Providence in his left side.
Jarel then picked up a stone that was nearby and struck Providence in his head knocking him unconscious.
The matter was reported to the police and detective Corporal Adrian Forde conducted an investigation that led to the arrest and charge of the defendants.
Lawyer pleads for justice tempered with mercy
In his mitigation, Bruce said the case was a classical situation where justice must be tempered with mercy.
He asked the court to have a second look as it relates to a prison sentence for Lenford.
The lawyer said that at age 21, Jeral was an ideal candidate for rehabilitation.
He noted that Jeral graduated from Buccament Bay Secondary School and opted to take up fishing.
“What we have in SVG is a cadre of young men who turn to criminality as a matter of resolving either their inadequacy of social interaction or other things that may be facing them,” he said, adding that this was not the case with Jarel.
“If you look around the court, it is painfully obvious where we are in relation to our young man,” he said, referring to the number of young men who were arraigned that day.
“This young man, Jeral Jack, who is convicted of a criminal offence, puts himself on the high seas to make a living. He didn’t turn to drugs or any of the petty offences,” Bruce said.
The lawyer suggested that the court consider a fine for the older Jack and order the men to compensate Providence.
Prosecution supports prison sentences
Meanwhile, prosecutor acting Corporal of Police Corlene Samuel said she agreed that a prison sentence was appropriate, noting Providence’s injuries.
“… the point is that the complainant has injuries, some of which would affect him for a good bit of time,” she said.
Complainant still affected by injuries
The senior magistrate invited Providence to take the stand. The virtual complainant said he has to undergo surgery to the eye which is affected as a result of the blow he received to his head.
Further, he said that as a result of the stab to his side, he gets cramps and does not dive anymore.
Providence said will be travelling to undergo the medical procedures.
In handing down his sentence, the senior magistrate noted that the senior Jack triggered the incident.
John said the incident would not have occurred had he just told Providence:
“I heard you and understand your concern and would speak to my son about this.”
“Mr. Jack senior should have done what a good parent should have done by entertaining the complainant and not attacking Providence, which caused his son to come out and further attack Mr. Providence.”
He said that the maximum sentence that could be imposed on Lenford was two years, but considering the various factors in the case, the appropriate sentence is one year in prison.
As regards, the younger Jack, the magistrate said that Providence’s injury “could have easily been fatal.
“We are talking about a cracked skull,” John said, adding, “The matter would have easily been tried at the High Court because of the injury.”
He noted that Providence was bleeding from nostrils and suffered a bruised temple as a result of the attack.
“The injury, as regards the young Mr. Jack was unprovoked,” John said.
“He saw when Mr. Providence got stabbed and was falling,the young Jack took the stone and hit him in the head. There must have been a significant force to crack his skull.”
John said that the maximum sentence the court could impose on Jarel was seven years imprisonment.
“He will serve two years,” John said, adding, “That doesn’t prevent Mr. Providence from pursuing a civil case for compensation against the two gentlemen.”
Why does it take so long to charge and sentence people in SVG ???
The Bible says the sins of the father will visit the third and the fourth generation. This is exactly what your seeing. The wroter asked why does it take so long to charge a victim? A combination of several things:
(1) lack of acceptable evidence, oftentimes there are no Ctv cameras to document the crime.
(2) Wictness reluctance to come forward, officer involved in criminal investigation are said to be chatty
(3) Lack of forensics personal, low level of education has a direct correlation.
(4) The chief crime fighting guru is not so schooled in crime fighting. The police in charge may not have finished high school and no evidence of continuing education.
(5) Police recruits are sourced from a particular constituency and based on a flimsy recommendation.
(6) Low morale among officers as experienced by the high turn over rate experienced by the coast guard.
(7) many officers are incapable of writing good report.
(8) Nepotism among the rank and file has negative connotation among our police officers.
(9) Failure to put in place a meaningful judical system that is geared to be responsive to ghe crime situations.
(10) The need for community policing was was a late consideration.
(11) Public apathy some officers themselves have been criminal or alleged offenders. It was alleged in an iwitness news report that a constable loaned his firearm in an intimidation case. In aother iwitness news report that a Junior constable, Stroyson Soleyn was indicted in an alleged rape case. Those are no better than the criminals.
These are some of the factors that contribute to making the criminal justice system less effective and have an impact on charging criminal offenders.
Failure