JUSTICE Brassington Reynolds imposed a twelve-year sentence on manslaughter convict Jason Orlando Mc Kenzie, who had beaten fellow prison inmate Sebastain Clato, rendering him unconscious at the New Amsterdam Prison.The prisoner had earlier pleaded not guilty to murder, but pleaded guilty to manslaughter, which was accepted by the Assistant Director of Public Prosecutions Mrs. Judith Mursaline, who is representing the State.
In his caution statement, which was read to the court by State Prosecutrix Mrs.Mursalin, Mc Kenzie said, “On April 27th April 2011, I been in the remand center and Sebastain Cleto pull a ‘jucker’ [ an improvised weapon]  pon me, and I tek a piece of wood pon de bench and lash he pon he head and he fall down . Them prisoner officer came and carry he away. Me later hear he dead in hospital.”

Earlier, Mursalin rehashing the evidence, described the case as a tragic one, in which a prisoner killed another.

“Nevertheless, the State is respectfully asking Your Honour to consider that a life has been lost and to impose a sentence that would  be just, in all  of the circumstances and one that would send a clear, strong message of deterrence to others in society, who may also seek to resolve issues by resorting to the use of violence.”

The accused, Jason Mc Kenzie, was an inmate at the New Amsterdam Prison on a charge of robbery under arms.
He was twenty-four-years-old at that time, and a labourer of lot 291 Rosignol Village, West Bank Berbice.
The deceased, Sebastian Clato and his friend Andy Adams were in custody on a charge of murder over the unlawful killing of Rosignol Sawmill watchman, Neezamudeen Khan. Adams has since been acquitted.
Mc Kenzie, and three other inmates, namely Rickford La Fleur, Raymond La Fleur  and Kevin James were all engaged in a fight with Clato and Adams on April 27, 2011.
Adams, claimed that he, Clato and other prisoners were watching television at about 1:45pm, when Rickford La Fleur came up with an iron bar and began boring him about his body. Kevin James, Raymond La Fleur and Jason Mc Kenzie, who was armed with a piece of wood, came up and began beating him also as he was lying in a hammock. He was beaten until he became unconscious and did not see what happened to Clato.
Prison Officers who rushed to the remand section after hearing shouts of ‘Oh God’, found Clato and Adams with what appeared to be blood on their bodies. They were taken to the New Amsterdam Hospital and then Clato was subsequently transferred to the Georgetown Public Hospital, where he was admitted a patient, but died on May 1, 2011.

On May 4, 2011, Government Pathologist Dr Vivikenand Brijmohan performed a post- mortem on Clato’s body, and found that he succumbed as a result of cerebral haemorrhage and a fractured skull.

Subsequently, Kevin James, Rickford La Fleur and Raymond La Fleur were all charged with his murder, but at the conclusion of the Preliminary Inquiry, the magistrate found that there was insufficient evidence to commit the others to stand trial.

Earlier Probation Officer Ms Joanne Samuels, in her maiden presentation, noted that the convict, who would be celebrating his 30th birthday on March 30, was unable to recall important dates and events in his life.
It was during an interview with his mother, who revealed that Mc Kenzie called ‘Psycho’ was 27 years, 11 months old.

It was further revealed that the accused commenced his educational pursuits at Liberty Hall Nursery School in Rosignol, West Bank Berbice, while his primary education was obtained at Rosignol Primary, where he wrote the then Secondary School Entrance Examination, and premised on his performance, he was placed at the secondary level of the said institution.
During her investigation, the officer discovered that the accused parents were separated when he attained the age of ten years. However , he was left  in the care of his mother with maximum support from his father.
Thereafter, his mother established another relationship which resulted in marriage, but ,shortly thereafter, the convict and his siblings commenced experiencing abuse, both verbal and physical perpetrated by his foster father.
Consequently, he relocated to Cummingsville, New Amsterdam, where he lived with his father and his reputed wife.
After attaining the age of 13 years, the convict was expelled from  the Rosignol Primary/Secondary Department, due to his involvement in numerous confrontational situations.
Thereafter, Mc Kenzie was enrolled at the Adult Education Association in New Amsterdam. However, due to his delinquent behavioural pattern, he left his father’s home without his permission and returned  to Lot 298 Stelling Road, Rosignol, where he lived with his mother and her husband.
But, all did not go well, as his mother observed that he had adopted a disrespectful, dishonest and delinquent behaviour. Nevertheless, he sought and was gainfully employed with Banks DIH Limited, New Amsterdam branch as a porter. He worked for a short period and terminated his services on his own free will. Employment was gained from the Blairmont Estate of the Guyana Sugar Corporation Limited, where he worked for a year as a labourer. Again he left his job, citing insufficient wages. Fortunately, he sought and was hired by a private security service, but his employment lasted twelve months as he failed to adhere to instructions given by his superiors. Again, he was rehired at Blairmont Estate, where he worked in the spray gang. Unfortunately, it was during this period of employment that he was arrested and charged with robbery under arms. It was while he was a remanded prisoner on that offence, that he became involved in the current matter.
The officer revealed that information retrieved from  the West Berbice and the New Amsterdam Magistrate Courts revealed that the robbery under arms matter was subsequently discharged at the Blairmont Magistrate Court. However on September 16, 2014, he was charged with four counts of attempted murder, which are currently being heard at the New Amsterdam Court.
Further, the report states the convict habitually involved himself in various forms of aggressive behaviour, sometimes resulting in him becoming violent.
He is also described as a bully and one who does not share any good relationship with residents within the neighbourhood and the community.

The Probation Officer opined that the convict has marginal regard for life and the law, and while a custodial sentence may be required, it is felt that Mc Kenzie needs help in the form of interventive counseling which can be found within the confines of the prison.

Responding to questions by Defence Counsel Raymond Ali, Probation Officer Samuels said, after interviewing members of the community, prison officials and inmates, she put the allegations of aggression to Mc Kenzie, but he denied being so.
However, she confessed that the court may have left with the belief that his client was a bully, if her statements were not challenged in court.
Meanwhile, in a plea of mitigation, Ali said his client is the father of a four-year-old son, who had admitted very early to the crime as was revealed in his caution statement.
Nevertheless, it must be noted that the act was not premeditated, but a reaction by other inmates.
Addressing the convict, Justice Reynolds said, “Stand,Jason Orlando Mc Kenzie. I have listened to all being urged on your behalf. Your lawyer, prosecutrix, and the probation report.
‘…While your lawyer observes that there is no indication of the fact of premeditation…. I do believe the fact of spontaneous combustion … the observation made by the probation officer…I get a sense that it is owed to the environment  you are reared. Your own circumstances. A life is lost as a result of your action. What the probation report discloses is a history of delinquency …Lighting do not strike the same place too often. The probation report gives a poor picture of your capacity to handle situations of conflict. Seems to have a legacy of not being able to control yourself.
“Firstly, I have considered 20 years, but I subtract five years  for not wasting the court’s time. Also, I have deducted four years for your period of incarceration. But, having regard to the brutal manner of your attack on the deceased, who sustained several injuries, I put back a year. The sentence of this court is twelve years imprisonment,” the judge declared.
Jumping to his feet in the dock, the prisoner, with right hand elevated, said, “I am sorry, Sir.”

By Jeune Vankeric