–for heinous murder of Bartica businessman

THREE former Guyana Defence Force (GDF) Coast Guards, who are currently on death row for the 2009 murder of Bartica gold dealer Dwieve Kant Ramdass, had their sentences commuted to life imprisonment by the Guyana Court of Appeal on Wednesday.

In 2013, the former soldiers, Sherwin Hart, Deon Greenidge, and Devon Gordon were found guilty of the capital offence of murder, and were sentenced to death by hanging by Justice Franklyn Holder at the Demerara High Court.

Dissatisfied, the trio moved to the Appeal Court seeking to have their conviction and sentence overturned.

The case was being heard, virtually, before Chancellor of the Judiciary Yonette Cummings-Edwards, and Justices of Appeal Dawn Gregory and Rishi Persaud.

Hart and Greenidge are being represented by Trinidad-based attorney, Douglas Mendes, SC, and prominent local attorney Nigel Hughes and his associates. Attorney-at-law Latchmie Rahamat is on record for Gordon.

The Defence Counsels had argued that the imposition of the death sentence on their client was severe, and sought the commutation of the sentence to a term of imprisonment.

They argued, too, that the imposition of the mandatory death penalty was unconstitutional, since it violates the constitutional right to protection from cruel, inhumane and degrading punishment as provided for in Article 141.

In handing down the ruling of the Court, Justice Gregory noted that the convicted killers were charged in 2009 after the amendments to the Criminal Law (Offences) Act Chapter 8:01 was made in 2010, which stipulates the offences which attract the death penalty.

However, with the amendments, she said that judges now have a discretion to impose jail terms, since the death sentence is now reserved for death resulting from specific circumstances.

The Appellate Court noted in its findings that the instant case does not fall within those exceptional circumstances captured under the Act, and as a result allowed the trio’s appeal on the ground of their sentence being too severe.

The judge made it clear, however, that while the death sentence was being set aside, the conviction itself for the capital offence is being upheld. However, the Court recommended that the question of the constitutionality of capital punishment itself be argued at the High Court.

The death sentence was set aside, and life imprisonment was imposed on the trio. The court ordered Harte, who was the senior officer in command at the time, be eligible for parole after serving 25 years, while his subordinates, Gordon and Greenidge, be eligible for parole after 18 years.

On August 20, 2009, the two Privates and a Lance Corporal who were manning the Coast Guard RC 12 motorboat on the Essequibo River, made off with $17M in cash which Ramdass was carrying in a box to Bartica for his employer who is based in the city and operates a gold and diamond business.

The three soldiers allegedly told investigators shortly after their arrest that they’d strangled Ramdass, took the money he was carrying, and threw his body overboard in the vicinity of Caiman Hole on the Essequibo River.

Ramdass, 24, of Third Avenue, Bartica, realised he was in danger and attempted to solicit help by using his cellular phone. He was, however, prevented from doing so by the killers.

The GDF members took away Ramdass in their boat, relieved him of the cash and murdered him, before returning to the Parika Stelling.

According to reports, a portion of the money was recovered by the police during a roadblock exercise.

The three soldiers reportedly split the money into three portions after they killed Ramdass. On August 22, 2009, Ramdass’ lifeless body was fished out of the Essequibo River.