The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

A FORMER prison officer and FML Group of Companies security guard, before being sentenced to 40 years in prison for murder, was told by a judge that his punishment for the repeated stabbing of a man nearly four years ago would reflect society’s disapproval of such violent actions.

Senior Justice Jon Isaacs told 40-year-old Jerome Bethel of Greenway Drive that while he had a favorable probation report that outlined a number of mitigating factors, the nature of the crime and the circumstance of the case, according to the evidence, where Harold Gardiner was stabbed 17 times.

In the end, while noting that Bethel’s case could not be considered “the worst of the worst” based on the standards set by the London-based Privy Council in Maxo Tido vs the Queen, he said that the crime and circumstances warranted a terms of 40 years imprisonment at Her Majesty’s Prison.

Shock and disbelief could be seen on Bethel’s face as he stood in the prisoner’s dock behind his attorneys Murrio Ducille and Nathan Smith.

The judge told Bethel that his eight months on remand at Her Majesty’s Prison would be subtracted from his prison term and that his sentencing takes effect from the date of conviction, December 6, 2012.

Bethel was flanked by police officers as he was escorted from court.

Bethel was convicted two months ago of the February 11, 2009 murder of Harold Gardiner.

The stabbing incident occurred that evening at the home of Bethel’s ex-girlfirend, with whom he had two children.

According to evidence, the stabbing occurred when the two men got into a scuffle that started when Gardiner came out of the house to confront Bethel, and Bethel following an initial scuffle, returned to the home.

No witnesses in the trial saw when the stabbing occurred but the girlfriend testified that Bethel attacked her boyfriend, Gardiner.

In yesterday’s proceeding, before being sentenced, a probation report was presented to the court concerning Bethel’s conduct and state of mind since conviction.

The summation of that reports notes that despite being raised in a single family home, Bethel was provided with love and provided with a private-school based education and later was able to obtain an Associate of Arts in Biology from the College of the Bahamas in 1993.

Between attending the college part-time and two years after graduating, Bethel had found steady employment for short periods of time before landing a job as a prison officer in 1995.

However, he lost that job six years later following his first conviction. Following this, he still sought to work to take care of his children and responsibilities and landed a job as a security guard for the FML Group of Companies in 2008.

The father of five, according to those who knew him, took an active role in his children’s lives and always provided for them.

The probation officer noted that even though he was convicted of murder, Bethel remained adamant that his actions were in self-defense on the night in question.

The officer concluded the summation that even though his medical career had been set back by his first conviction for a non-related offence, there is hope for Bethel being a productive citizen upon reintegration into society.

Prosecutor Anishka Hanchell had no questions for the probation officer neither did Mr Ducille who said the report was “quite comprehensive”.

The attorney noted that even though they have to accept the jury’s verdict and interpretation of the evidence, he noted that it was still significant that on the night in question, Bethel had went to the former girlfriend’s residence to see his children and the deceased had come outside to confront him.

Mr Ducille said the evidence aside, “this is not one of the run-of-the-mill cases”.

“I’m sure when Mr Bethel woke up that day, he did not expect that he would be here today in the circumstances before your Lordship” the attorney said.

Mr Ducille referenced the many positives highlighted in the probation report and said that the report illustrates that his client had strived to be a productive citizen and there was no evidence to support that he could not do so again if given the chance by the court.

The attorney acknowledged that women in today’s society were taking up the “gauntlet” in society because a lot of men, “young men”, were going astray and many are in prison.

However, he said this was an opportunity for the court to save a young man from that fate. He asked the court to be as lenient on his client as possible in the circumstances and in light of the favorable report presented.

“It cannot be said that this man is beyond redemption” he concluded.

In response, Senior Justice Isaacs noted that while Bethel expressed remorse during his evidence in trial, he had not done so post-trial “and that weighs more heavily”.

The judge also noted Gardiner, according to pathologist Dr Caryn Sands, had some 17 stabs wounds about the body, two of them to the chest and two in the back.

“Clearly, this was a horrific attack,” the judge added.

Turning to the former prison officer, the judge said that Bethel was 40-years-old and that his actions on that day could not be excused.

He said that the sentence would be commiserate to society’s disapproval of such violent actions and sentenced him to 40 years imprisonment at Her Majesty’s Prison. However, that would be reduced by the eight months he spent on remand.

Mr Ducille spoke to The Tribune after the matter and said it is his client’s intention to appeal the conviction and sentencing. The attorney said they have a number of grounds they believe are strong that the Court of Appeal will not overlook when the application is made.