The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

A FORMER policeman convicted of manslaughter must wait another three weeks before he learns his sentence.

Former corporal Donovan Gardiner could face up to life in prison for causing the death of 28-year-old Desmond Key.

However, defending attorneys Wayne Munroe, Tecoyo Bridgewater and Tonique Lewis took exception to prosecutor Linda Evans' submission that their client, a 39-year-old married father of two, was liable to that punishment

During a mitigation plea, lead attorney Mr Munroe told the judge that his client's sentencing fell under section 293 of the penal code, where it states that any man convicted of manslaughter by negligence is liable to a maximum of five years' imprisonment.

Mr Munroe supported this claim by referring to the judge's direction to the jury before conviction to consider the option along with manslaughter.

He explained that this sentence was appropriate for the man who has a family to support, which he did as an exemplary officer on the Royal Bahamas Police Force for 22 years.

Prosecutor Evans, however, disagreed with the defence and said while the option of manslaughter by negligence may have been put to the jury, they returned with a conviction of manslaughter, which by law makes Gardiner liable to being imprisoned at Her Majesty's Prison for life.

Gardiner stood trial in the Supreme Court for the January 19, 2008, death of Desmond Key, who died of pancreatitis at the Princess Margaret Hospital.

Key had been in hospital for seven months after being beaten with a baseball bat in a holding cell at the Grove Police Station on June 17, 2007.

Gardiner stood accused of hitting the detainee in the head and side with the wooden bat. On March 2, after two weeks of trial, a nine member jury found him guilty of manslaughter.

Immediately after the 6-3 verdict was handed down, defence attorney Wayne Munroe indicated his intent to file a constitutional motion seeking to have the conviction quashed.

At a hearing on March 20, Mr Munroe argued that the trial was not fair trial because the prosecution did not disclose Key's complete medical records and other documents important to the defence.

He asked the judge to publicly declare that the prosecution had breached her March 2011 order to produce complete medical records and throw out the conviction.

However, Gardiner's application to quash the conviction was thrown out by Justice Vera Watkins on the grounds it was filed at the wrong time.

On June 29, Justice Watkins will make her ruling on whether or not Gardiner will spend five years or the rest of his life in prison.