…pending appeal of ‘harsh’ sentences

THE two children who were granted “harsh” sentences for minor offences earlier this year have been released on bail, thanks to the efforts by ‘Enhancing Potential to Inspire Change’ (EPIC) Guyana, a non-governmental organisation working to assist children who have had issues with the law.

EPIC Guyana is especially happy that the two 17-year-olds have been released in time to spend the holidays with their family and friends, and the body has already arranged to assist the youngsters to begin earning a living.

Akash Pachia was granted $50,000 bail by Justice Jo-Ann Barlow while Keysha Gibbs was granted $25,000 bail. Both individuals were serving time at the New Amsterdam Prison in Berbice.

On March 23, 2018, Pachia was sentenced by Berbice Magistrate Charlyn Artiga to four years imprisonment for stealing groceries totaling $8,260. Gibbs, on the other hand, was sentenced to 36 months in jail by Leonora Magistrate Rochelle Liverpool for also stealing items from a shop valued at $45,378.

According to the particulars of Pachia’s charge, between last April 30 and May 1, at Number 50 Village, Corentyne, he broke and entered the shop of Charles Forde and stole the groceries.
Gibbs also pleaded guilty to her charge which read that on June 7 at Leonora, she broke and entered the shop of Yaphet Marks and stole 51 bottles of rum, wines, cakes and other items.

Following the sentencing, EPIC Guyana picked up on the stories and approached lawyer Dexter Todd for help in securing bail for the teenagers pending an appeal to their sentences.

“Akash can’t believe how his life has changed direction with these new opportunities,” EPIC Director Brian Backer told the Guyana Chronicle on Friday. “We’ve found a job for him that he will start next week. He will be learning steel fabrication and will receive a stipend. Our patron, who’s a good friend and business partner, has offered him a paid internship,” Backer, whose organisation paid both bail amounts, informed.

“Thanks to John Fernandes Group of Companies, which is one of our corporate partners that always answers the call for assistance; has pledged to provide each of these families with vouchers that can be redeemed at any of the Bounty Supermarkets,” Backer further informed.

No subvention
Backer pointed out that there are commissions and organisations that receive tens of millions of dollars annually in subventions, which are tasked with protecting the rights of children and even providing legal assistance when necessary. “However, these two children were in court unrepresented when they received these harsh and unfair sentences. Their rights were obviously not respected.”

Backer noted that while EPIC Guyana does not receive any subvention, the organisation did its research, identified the youths and took the necessary action to bring them relief. “Dexter Todd is really a hero in this because he did not charge any legal fees.”
EPIC Guyana paid the bail for the teenagers with help from persons who usually support the body with initiatives like these. Both persons come from families that are dealing with severe economic challenges.

“Here we are…two children home for the holidays and with their whole lives ahead of them. But where are these multi-million dollar entities on these issues? These are the issues that matter,” said Backer.

Meanwhile, Todd, in a previous interview, said the sentences were harsh if the particulars of the charges are taken into account; and that the magistrates could have acted with some more discretion.
He said he was by no means trivialising the offences, but feels that the individuals can be helped to reform themselves. “They’re so young; they’re more in need of counselling. They both have the ability to be rehabilitated and there are other measures that would see a reformation of the individuals. This is not an attack on the judiciary.”

Coconuts and Fruits
Backer had previously told this publication that he doubts any detailed assessments were done on the teenagers before the sentences were imposed.

One of the prosecutors, Backer reported, said Pachia was a menace to society and had been before the courts several times for stealing people’s coconuts, fruits “and them kinda things”. “But I think that a four-year sentence for stealing $8000 is unfair to anyone. I don’t care if you’re 50 years old and if you have been in and out of the system.”