Gilbert Gill, who admitted to murdering another man after a row aboard a tug boat in the Demerara River, was yesterday sentenced to 40 years in prison.
On April 15th, Gill had pleaded guilty to murdering Khemraj Dass, called ‘Lakeram Dass or Lako,’ between July 7 and 10, 2012 in the county of Demerara.
He had accepted the charge before the empanelment of a jury to hear his case and Justice Roxane George had deferred sentencing after defence attorney Madan Kissoon requested a probation report and mental evaluation for his client.
Kissoon said that his client has no previous convictions or pending matters and, pointing to the probation report, noted that he has expressed remorse for his actions. He begged the court to also consider that his client had pleaded guilty at the first given opportunity, saving it time and resources in otherwise having to conduct a trial.
Referring to the probation and mental evaluation reports, Kissoon asked the court to consider that his client’s family had a history of mental illness.
He pointed out that the report prepared by psychiatrist Dr. Bhiro Harry showed that Gill’s mother had been a patient of the psychiatric ward and that his brother has a mental illness.
Kissoon asked the court to impose a sentence which would facilitate his client having access to mental and psychiatric reformation. He said that incarceration would not be best suited to such rehabilitation.
The lawyer opined that if his client is to be left in prison with other prisoners, “that won’t help with such reformation.” He requested that Gill be placed in an institution conducive to such reform and for him to be accessible to persons who can so assist him.
This request prompted the judge to ask Kissoon what sort of arrangement he had in mind as she noted that she did not know of any such institution in Guyana and in any event she did not believe the law provided for her to grant his request.
Although when given a chance to speak, Gill said, “I’m innocent, I don’t know what’s going on,” the prosecution asked the court to take into consideration that Dr. Harry had testified that the defendant understood the offence committed, the legal proceedings in which he entered a plea as well as the penalty for the offence.
Prosecutor Shawnette Austin also asked that the nature and gravity of the offence be taken into account also.
In sentencing Gill, Justice George recalled the doctor’s testimony that the accused was coherent and that there was nothing to suggest that he was hindered or unable to correctly comprehend the charge to which he admitted guilt.
Recalling the facts of the case, the judge pointed out that even after the accused had disarmed Dass, whom he said was advancing towards him with a piece of wood, he nonetheless reached into his pocket for a knife, with which he slit Dass’ throat.
This, Justice George noted, indicates that the accused could not be regarded as having been legally provoked, nor could it be said that he was acting in self defence.
“In my view, the accused just callously took the life of another,” the judge surmised, before adding that she considered him to be a threat to society.
The judge started the sentence at 50 years before deducting five years for Gill not having wasted the court’s time, two years for mitigating circumstances and three years for the time he has so far spent in prison.
Gill was then informed by the court that he would be sentenced to a period of imprisonment for 40 years and that he could not become eligible for parole until after serving 25 years of the sentence.
The court also ordered that Gill be supplied with all necessary medication ordered by the doctor to treat his mental illness.
Dass, 47, formerly of Lot 16 Bella Dam, Pouderoyen, West Bank Demerara, was allegedly killed aboard a tug, at the DIDCO Wharf.
On July 7th, 2012, Dass was aboard a tug in the Demerara River, when an argument ensued between him and Gill, who stabbed him and threw his body overboard.
The state was represented by Austin in association with attorney Diana Kaulesar.
