‘Toggy Boy’ imprisoned for manslaughter in triangular affair
– gets nine years
JUSTICE  Brassington Reynolds sentenced Wazim Bux alias ‘Toggy Boy’ or ‘Toggy Son’ to nine years imprisonment, on Tuesday, for the manslaughter of his lover’s husband, Ahmad Rasack called ‘Deaf Man’. The unlawful killing was committed exactly four years ago and the prisoner was originally indicted for murder but his plea to the lesser count was accepted by the state, with permission from the judge at the Berbice Assizes.
State Counsel  Rhondel  Weaver, quoted from the evidence of Bibi Ghani, widow of the victim, who admitted a relationship with the convict.
That witness said, on January 24, 2008 she and her husband went, on separate bicycles, to her mother’s home, at Kilcoy Dam, Corentyne, with the intention of gathering stones to take to their house at Chesney Front, a nearby village.
Ghani said she saw Bux standing on the road with a bicycle and, on reaching her mother’s house, she and her husband rested their bikes on a fence, entered the yard and commenced filling bags with stones. In the process, she heard her husband speak, prior to hearing the sound of a gunshot.
On looking, she saw blood and a whitish matter flowing from her husband’s ear, before he fell.
She said Bux had a gun in his hand and he held on to her after the shooting, pulled her to the back of her mother’s kitchen and threatened to kill her as he did her husband.
Ghani said the shooter dragged her over to a neighbour’s yard and repeated the threat to shoot her whilst putting his hand into his pocket. He was attempting to take out cartridges but she knocked them out of his hand before fleeing to Kilcoy Dam, falling a few yards from her mother’s house.
The prosecutor said the police were contacted and the body was, subsequently,  escorted to New Amsterdam Hospital, where Rasack was pronounced dead on arrival.
A post mortem examination revealed that Rasack succumbed to shock and haemorrhage as a result of a gunshot injury.
Justice Reynolds imposed sentence after listening to a probation report on the convict, a mitigation plea and a compelling narrative by the prisoner.

ACCEPTED RESPONSIBILITY
Probation and Welfare Officer Maisie Sheppard reported that Bux had accepted responsibility for the crime, which resulted in his common-law wife, Ramona Balgobin leaving their residence and taking up residence at Skeldon, at Corentyne, too, leaving his three children, all minors, behind with his aging parents.
The compilation by Sheppard said Bux, born on May 10, 1977, is the eldest of three children produced from a legal union between Nazim Bux, a former agricultural mechanic  at the Guyana Sugar Corporation Albion Estate and Azima Bux, a housewife.
The report said the senior Bux worked for approximately 28 years at Albion Estate  and terminated his employment after its privatisation, before working at Michael Ameerally‘s sawmill for six years but left there because of the non-payment of National Insurance Scheme contributions.
Sheppard said the family was plagued with financial difficulties and, consequently, the older Bux established a fish farm and, as the business expanded, it became strenuous and demanding for the father to manage. So, Wazim, being the eldest and the only son, was forced to quit schooling at 11 years old in order to assist his father.
The younger Bux cared for his father’s cows and sheep, as well and would sell milk within the Fyrish and Kilcoy communities.
Sheppard said the circumstances under which Bux left school was a great achievement and benefit to him as he was able to financially contribute towards his family’s sustenance and provide schooling necessities for his younger siblings in a timely manner.
The compendium said Bux grew up and lived at Lot 23 Fyrish Road, Corentyne with his parents and siblings, who played a pivotal role in nurturing him in the society at large and gave him much needed moral, financial and spiritual support.
Although his common-law wife lived with him and their three children at his parents’ home, he managed to build his own house at Lot 34 Kilcoy, which was sold during his period of incarceration in the New Amsterdam Prison.
Sheppard said, while Bux was able to earn a livable income from his father’s business and was capable of raising his own family, he met Ramona Balgobin, who was 17 years old at the time and the two began a visiting relationship which spanned approximately one month after which they established a common-law union, which was described as excellent for 16 years, during which period three children, aged 13, 10 and nine, were produced.
Sheppard said the latter years of that union was seemingly dogged by turmoil as Bux’s reputed wife was jealous and possessive of the man who was intimately involved in a triangular affair with another woman residing in the same community.
As a result, Balgobin found it difficult to place trust in her reputed husband, especially whenever he left their home and because of his infidelity.

SECOND WOMAN
Because of the affair with the second woman, Bux had decided to migrate to Suriname with his family, for a year, in an attempt to resolve their differences, since they had both agreed that a change of environment would have been in their best interest, Sheppard disclosed.
She said enquiries of members of the community revealed that Bux was dedicated and committed to his family, with some stating that he was very respectful, jovial and always willing to render assistance to the poor and needy within Fyrish and Kilcoy.
The probation officer said Bux was also described by Assistant Superintendent of Prisons Pilgrim as a much disciplined individual who is always willing to learn, was influential among young offenders, very active in sports and serves as an orderly for the Islamic group at the New Amsterdam Prison.
Sheppard said he hailed from a humble background and, while no previous display of aggression or visible signs of turmoil and fear of rejection were displayed to the outside world, it is evident that a confused person was hidden.
She said Bux greatly regretted the incident but has great potential and should  continue to be actively involved in meaningful dialogue and activities which would be of benefit to him.
Pleading in mitigation for Bux, defence counsel Kim Kyte-John said: “There was a reason why he had the gun on him and he has stated it. Your Honour, the circumstances described by the accused is that he was obligated to defend his mistress, who, clearly, could have been killed at the hands of her husband. It was a life and death situation.”
The lawyer noted that the convicted killer has thrown himself at the mercy of the Court and is remorseful, as indicated in his statement and the probation report.
“Someone would have been killed or seriously hurt,” she maintained, observing that the case for the prosecution supports the defence.
According to Kyte-John, before the incident, Bux  had enjoyed an unblemished record and has already spent four years as a remanded prisoner.
She also mentioned his plea of guilt and the adverse effect on his family, among other issues and urged the judge to take into consideration the common thread in the case in that just one shot was fired and, in her opinion, Bux has already paid his debt to society.
In his own narration of the events, Bux, standing composed in the dock, acknowledged he had a relationship with Bibi Zulika Dhani, who was in the courtroom.

KEPT CALLING
He said he was at home, on January 24 , 2008, painting his house when his cell phone rang. It was Dhani asking him to go to her mother’s house but he told her he could not. As  she kept on calling, he told his wife he was going to hunt, as she was insecure with his relationship to Dhani.
“When I got there, she hugged and kissed me. We had some talking and she told me she had forgotten the house key. She then asked me to go into the outdoor washroom. We started to have sex. About 15 to 20 minutes later, I heard a sound. I did not pay attention. I saw Rasack pull open the door of the bathroom. He removed a cutlass from his bicycle. He fired a chop in the bathroom but I pulled the door inwards, as Bibi was naked. I was half naked. I had on my shorts. Rasack managed to open the door.He raved at both of us. We were both scared and nervous. I picked up the gun and blocked the chops from the cutlass. As a result, an inch and a half of the gun barrel came off. Bibi held unto me trembling. I tried to get the cutlass out of his hand by firing a shot. I was scared and nervous at the time. He threatened to kill both of us. I protected Bibi and myself.I never intended to hurt or murder Rasack as he was a good man,” the prisoner stated.
Continuing, he recalled that, three days after the incident, when his father took him  to the station, he gave the police the phone on which Dhani called him, his licensed firearm and the gun barrel that was partly chopped off .
The prisoner told the judge he had given a similar statement to the police but it was torn up in front of him as the detectives said they wanted one not including Ghani.
Bux added: ‘Sir, I am truthful and honest with you and everyone in this honourable court.I must say sorry to God, my children, my parents, the society and to you, Sir. Bibi Ghani made up her story to the police, which was a lie, as she did not want her son, daughter or grandson to know that she was naked and having sex with a little boy. She is ashamed to let anyone know what transpired that day.”
Justice Reynolds told Bux that, having regard to the positive nature of the probation report, his age, lack of previous criminal record, contrition and remorse demonstrated, a nine-year sentence will be appropriate.
“I do hope you will continue to be willing and helpful and that you have learnt from what was a great mistake,” the judge admonished Bux, who responded:”Thank you, Sir.”