Though found guilty of murder, former Sophia block maker, Ishaka John, has been sentenced to a minimum period of custodial detention of eight years; as he has also been declared insane.
The sentence was handed down last Friday by High Court Judge Jo-Ann Barlow who, in accordance with the Criminal Law (Procedure) Act made a number of orders to accompany John’s sentence, including continuous psychiatric evaluation and treatment.
Back in December of last year, John was unanimously found guilty by a 12-member jury of the 2019 murder of Jason Bowen who he was said to have strangled during a suspected robbery.
Justice Barlow had deferred sentencing to first hear from probation and other social impact reports.
The Judge in imposing the sentence last Friday noted that the Court was satisfied that for both the offender and the public’s safety, he needed to be confined for a minimum period of eight years in custody.
During his period of detention, it has been ordered that John undergo continuous psychiatric evaluation and treatment and be exposed to counselling sessions tailored to his needs; as well as skills training.
The prison service has been ordered to keep a record of the offender’s attendance and participation in these programmes; and he is then to be taken before Justice Barlow for periodic review.
The review periods are to be every two years, commencing in February of 2026 and should Justice Barlow be unavailable for this, an officer of the Guyana Prison Service or Counsel for the State shall make representation to the Chief Justice for a Judge to be assigned for purposes of the review.
At every review, counsel for the state is to ensure that there is a report of the attending psychiatrist; and that report must include all relevant information concerning John’s psychiatric evaluation and treatment and his response to treatment.
It should also include any vulnerabilities about the offender that may have been observed and any other issue that the Psychiatrist deems relevant.
A prison conduct report is to also be done which keeps a record of John’s response to counselling and rehabilitative programmes.
All reports are to be presented to the Review Judge 14 days before the date fixed for review or any other period that the Review Judge may specify.
Once the Court becomes satisfied that the offender is ready for reintegration to society, his release shall then be ordered from custody on such conditions that the Court deems fit.
The orders have been made pursuant to Section 180 of the Criminal Law (Procedure) Act.
Subsection one provides “Where any person is found to be insane under section 177 ad 178, or has a special verdict found against him under the last preceding section, the Court shall direct the finding of the jury to be recorded, and thereupon may order the person to be detained in safe custody, in such place and manner as the Court thinks fit, until the President’s pleasure is known.”
Subsection two adds; “The Judge shall immediately report the finding of the jury and the detention to the Minister, who shall order the person to be dealt with as a lunatic under the laws of Guyana for the time being in force for the care and custody of lunatics, or otherwise as he thinks proper.”
Background
The incident had occurred in front of the Office of the then Leader of the Opposition on Church Street, Georgetown.
A security guard who was on duty at the office on the night in question and had witnessed the incident, had said that John and Bowen were seen scuffling when the suspect wrapped a belt around the victim’s neck and strangled him.
The suspect was afterwards apprehended by public-spirited citizens and handed over to the police.
In December of 2020, John had escaped from the Lusignan Prison; but was recaptured shortly after.
He was said to have escaped the Lusignan Prison Holding Bay sometime between 2am and 2.20am on December 23rd, 2020.
He was spotted the following day at Mon Repos, East Coast Demerara, where he was immediately arrested by ranks on a mobile police patrol.
