TWENTY-two-year-old Rakash Janack, who unlawfully killed his mother’s lover, was sentenced to eleven years’ imprisonment by Justice Diana Insanally at the Berbice Assizes a few days ago.

Initially indicted for murder, he pleaded guilty to the lesser count of manslaughter, and the state accepted his plea.

The sentence was handed down after the facts were narrated by Prosecutrix Ms Renita Singh. Janack had to his credit a balanced probation report compiled by Officer Odessia Semple, and mitigating factors presented by defence attorney, Mr. Raymond Ali.

Narrating the facts of the case, the prosecutrix had noted that the witness Satwantie Sahadeo, mother-in-law of the convict, had recounted that whilst being at home at Zorg-en-Hoop, Blairmont, West Bank of Berbice with her reputed husband Ragnunauth Bisnauth, Mr. Brentnol Isaacs, the deceased, had entered the yard. Seemingly inebriated, Isaacs, who was armed with a piece of wood, verbally abused the couple; but he became abusive after he had been informed that no cigarettes were available.

Bisnauth became afraid after Isaacs had threatened to enter his house to look for cigarettes, and the couple began to shout for their neighbour when their son-in-law, the accused, who lived about fifty feet away, appeared and began to argue with the now deceased man.

During that confrontation, Isaacs hit the accused with a plastic tub, which broke following the impact, and the accused raced home and returned shortly afterwards with a cutlass, which he used to chop Isaacs on his chest.

Isaacs fell into a nearby trench before fleeing into one Ashton’s yard.

The eyewitnesses said that after Isaacs had been chopped, Janack was overheard declaring that he had long had his eye on Isaacs because of the sexual relationship Isaacs had had with his mother.

Meanwhile, Ms. Thomas (only name stated), a resident of Ashton’s yard, recalled being at home when she heard someone calling for her husband, and upon looking through her window, she had seen Isaacs climbing over her gate and into her yard.

She went to the verandah and saw the person, who, after identifying himself as Brentnol Isaacs, said: “Rakash just chop me.” When she attempted to pick up the injured man, who had fallen to the ground, he again said, “Me famo, is Rakash chop meh”.

Isaacs was taken to the Fort Wellington Cottage Hospital before being transferred to the Georgetown Public Hospital, where he died. A post-mortem report revealed his cause of death as due to an incised wound to the aorta.

Meanwhile, Probation and Social Services Officer Ms. Odessia Semple, in her maiden presentation at the Berbice Assizes, noted that the accused, who is currently 22 years 3 months old, attended the Blairmont Nursery and Primary schools, but being the eldest of five siblings, was forced to terminate his schooling at eight years old because of financial constraints. He was subsequently employed at a sawmilling establishment at Rosignol Village, West Coast of Berbice, and the proceeds from that activity were utilised to assist in the maintenance of the family.

His parents terminated their common law relationship after his maternal grandparents had disapproved of it. Rakash Janack was just two years old at the time of his parents’ separation.

After his parents had separated, Janack’s mother established another common law union, but her lover would verbally and physically abuse her and her children, resulting in them relocating to the Home for Battered Women and Children at Albion, Corentyne.

Upon leaving the institution, the accused was placed in the care and custody of another orphanage at Diamond, East Bank of Demerara, where he remained for two years. On his release, he relocated to some place in the Berbice River, where he worked as a labourer, before being employed by the Guyana Sugar Corporation as a cane harvester.

He also established a common law union, which resulted in him becoming a father. Information emanating from the Zorg–en-Hoop community described the accused as a hardworking, quiet, soft spoken and well-mannered individual who never engaged himself in conflictual situation.

Brentnol Isaacs, on the other hand, was described as a trouble maker who was always disturbing the peace and tranquility, as he was a habitual user of marijuana.

One of his relatives indicated that Isaacs had portrayed an ‘eye for an eye attitude’, and would occasionally involve himself in fights.

In his plea in mitigation on behalf of Rakash Janack, attorney-at-law, Raymond Ali noted that his client acted out of character, and has been genuinely remorseful.

The lawyer denied claims that the incident resulted from the accused defending his mother because of an alleged relationship with Isaacs.

Before imposing sentence, Justice Insanally noted that the accused may have overstepped his boundary by going for a cutlass, and it would have been more appropriate for him to have called the police.

“You have asked me not to consider that the deceased was having an affair with the mother of the accussed. But something was playing on the mind of the accused whilst the act was being committed….

“Based on the probation report, he left school at age eight years; and at 12 years, he maintained his mother and siblings…. His childhood was taken from him at an early age…. He inflicted serious injuries, which cost the man his life.

“I have taken into consideration that the deceased was the aggressor; that the accused acted out of proportion; (that) he has not wasted the court’s time; and (I have taken into account) the probation report. I will start at 17 years. Two years will be deducted for the plea, 16 months for the period in remand prison, and two years, eight months for mitigating factors. He is sentenced to 11 years,” Justice Insanally declared.

(By Jeune Bailey Vankeric)