Saturday, February 24, 2018

6 years in jail for chopping brother

A MAN charged with attempted murder after he chopped his brother about the body was yesterday sentenced to more than six years in prison with hard labour.

Justice Hayden St Clair-Douglas found that Kenny Hardial, 41, of Couva, should be sentenced to 15 years for the attack.

But Hardial’s seven-year and four-month wait to go on trial and his guilty plea were taken into consideration. He was sentenced to a six-year and two-month jail term.

It was the State’s case that around 5.30 p.m. on July 1, 2002, Kishan Hardial’s wife Roopa Mahadeo returned from the grocery to the home of her mother-in-law at Milton Village, Couva.

Her husband helped her with the grocery bags.

His brother Kenny was also present and went upstairs, got a cutlass and began beating Mahadeo. He also threw a torchlight at her.

Later, Mahadeo told her husband of the incident and Kishan asked his brother about his actions. Kenny began cursing and throwing stones. Kishan took his wife to the doctor and also contacted the police. When he returned home, that same day, he felt a push and saw it was his brother Kenny, who said: “I come here to kill all ah allyuh.”

Kenny held a cutlass to Kishan’s face.

He then chopped Kishan, who sustained a 15-centimetre wound to his abdomen and ten-centimetre cut to his left leg, exposing the bone.

Kishan was also chopped in his chest.

He was taken to Couva District Health Facility and transferred to San Fernando General Hospital, where he spent a week and also underwent surgery to his left tibia. Kenny was charged with attempted murder of his brother and committing common assault on Mahadeo, his sister-in-law.

Yesterday, St Clair-Douglas said that the incident appeared to be a domestic dispute.

He said with regard to the injuries and the circumstances surrounding the case, the matter was on the lower band of attempted murder, but on the higher band of wounding with intent.

He said he allowed Hardial a ten per cent rather than the usual one-third discount for his guilty plea because it seemed to be a “cynical plea at the last moment”.

On March 6, it came as a surprise, including to defence attorney Cedric Neptune, when Hardial pleaded guilty to the offence as a jury was about to be empanelled to begin hearing the case.

St Clair-Douglas yesterday said that Hardial had also lacked remorse.

 “It finds itself nowhere in the presentation on behalf of this person.”

The judge said he considered the principles of sentencing, including the prevalence of such an offence in society and the need to deter others.

He said that the appropriate sentence for Hardial was 15 years, but with a year and a half discount for his guilty plea and the information from the Commissioner of Prisons that Hardial had spent 2,667 days—calculated by the judge to be seven years and four months—awaiting trial, Hardial was sentenced to six years and two months with hard labour.

On the common assault charge, St Clair-Douglas said the appropriate sentence would have been five years, but Hardial would have already served the time. 

The State was represented by attorney Angelica Teelucksingh.