A crying 25-year-old Hofosawa Awena Rutherford was on Monday afternoon sentenced to 98 years imprisonment by Justice Navindra Singh at the High Court for poisoning her two children back in 2014. 

Last month a 12-member jury found her guilty on both counts of manslaughter for the March 27, 2014 ‘rat poison’ killing of her two small children.

In handing down his sentence, Justice Singh told the court he cannot understand why Rutherford was indicted for manslaughter while, the evidence clearly points to murder which would have been a double conviction.

He added that in her address to the court before sentence was passed, the accused showed genuine remorse and he is pleased that she has finally accepted what she did.

For the first count – Justice Singh started at a base of 30 years of which he added 10 years because the victims were children; 5 years more was added since the victims were the accused’s own children; 5 years added for poison used in the killing; 10 years added for premeditation; and 8 years deducted for the probation report and 7 years deducted for remorse shown bringing the total of years to 45 years in jail for the 1^st count.

On the second count –the judge sentenced Rutherford to 53 years imprisonment of which time served will be deducted by the Guyana Prison Service .

In her address to the court, a weeping Rutherford she loved her children and that she is truly saddened by what happened . She also regretted the pain she caused her family and said she was sorry.

She told the court that she is not perfect since she has a lot of shortcomings as she broke down in tears and begged Justice Singh to have mercy in his sentence.

In his plea of mitigation, defence attorney Adrian Thompson told the court that the accused in only 25 years old and asked the court to take cognizance  of the probation report which highlighted the hard life of the accused.

He added that at age 16 , Rutherford dropped out of school while she was pregnant . He said the accused grew up motherless and was cared for by her grandparents . She only knew her father later in her life , and he noted how stressed and frustrated her life was.

In response, state prosecutor Abigail Gibbs told the court that considering the prisoner is still grieving she didn’t give her children the luxury of life.

She added that one-year-old Jabari Cadogan and four-year-old Odasia Cadogan died from pesticide poisoning and she was aware that it was not for human consumption ,adding that struggles and hardships in life is never a justification for taking the lives of her own children who were still at a tender age.

Gibbs told the court that Rutherford’s role was to be their mother, to love and care for them but she failed them and asked the court to impose the maximum sentence.

Last month, a 12-member jury found Rutherford guilty of both counts of manslaughter after which she fainted repeatedly.

She was on trial at the High Court before Justice Singh and a 12-member jury for the March 27, 2014 ‘rat poisoning’ of her two children at her home at Branch Road, Mahaicony, East Coast Demerara.