Stressing that he had to balance the interests of the convicted against the interests of the public, Justice of Appeal William Chandler has called for more investigations into what rehabilitation programmes are available for murderer Tyrone DaCosta Cadogan.
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However, the judge has expressed concern that the convicted killer is still adamant he only stabbed Paulette Brathwaite once, despite 17 stab wounds found on her body.
“These are issues that are of concern to me in terms of fashioning a sentence that will achieve the aim of the Penal System Reform Act, but will also achieve the responsibility that falls on this court to protect society,” he said.
“So whether a programme can be fashioned that will achieve these dual aims, because his view is that he has been punished enough but the aims of sentencing requires a judge to look at the greater picture – the protection of society.”
Justice of Appeal Chandler was sitting as a first instance judge in the No. 2 Supreme Court on Friday, having presided over Cadogan’s 2005 murder trial.
Cadogan was represented by attorney Safiya Moore, while State Counsel Dr Zoe King appeared for the prosecution.
Cadogan, now 47, formerly of York Terrace, The Pine, St Michael, and Denny Road, Thorpes, St James, was convicted in May 2005 of the December 8, 2003 murder of the 19-year-old mother of two, who lived at St Hill Road, Carrington Village, St Michael.
He was ordered hanged. However, he was one of a number of former condemned killers who had their death penalties vacated and were ordered re-sentenced in the wake of a June 2018 Caribbean Court of Justice (CCJ) ruling which said that a section of the Offences Against The Person Act, which allowed for the mandatory death sentence, was unconstitutional, and that Section 11 of the Constitution, which gave the right to the protection of the law, was enforceable.
Fit the crime
The CCJ held that Barbados’ mandatory death sentence breached that right since it deprived a judge of the ability to tailor the sentence to fit the crime.
As a result, Cadogan, who has spent the last 19 years behind bars, first on Death Row and now on the Maximum Security block, was back before Justice Chandler.
The judge expressed concern that Cadogan was reportedly “locked down” for 23 of 24 hours, saying there was a need for “continuous intervention” and this could not be facilitated “by him being where he is all the time”.
“I have to balance the interest of John Public with the individual’s needs,” he said, as he listened to Cadogan’s psychological report which was read by psychologist Sean Pilgrim.
“And from your report there is no certainty, in terms of where he stands now in the process of rehabilitation, where he can profit from this or he can profit from that.
“Part of the concern about rehabilitation and reintegration into society is not about how you see the world out there, but how the world sees you. The ultimate question is the time,” the judge said.
He added a transition
would be required to enable Cadogan to be reintegrated into society.
Prison psychologist Pilgrim noted that Cadogan would need sufficient time to adjust to a less restrictive, less secure environment.
He added the murderer might need to be transferred “as soon as possible” to another building.
“I’m not sure how soon he could be transferred to another building,” Pilgrim said.
However, the judge noted that Cadogan’s insistence that he only stabbed Brathwaite once, despite 17 stab wounds being found on her body, was a source of concern.
“This young lady received several stabs and her death was the result. That is something I want you to explore because I don’t recall that being argued in court,” the judge said.
Risk of re-offending
The matter has been adjourned until January 22 next year.
Cadogan has eight convictions, including Brathwaite’s murder.
The court had earlier heard from senior probation officer Diana Goodridge who read Cadogan’s pre-sentencing report.
She said he had been deemed as posing a high risk of re-offending but, when questioned by Justice Chandler, said this risk was “in general terms and not necessarily for murder”.
Evidence in the trial showed that Cadogan stabbed Brathwaite 17 times after a drinking spree with a buddy. He was lying in wait at Hardwood Alley, The City, for a victim in order to get money to continue drinking.
But when he attacked a passing female, who turned out to be Brathwaite and she recognised him, Cadogan inflicted several wounds with a butcher’s knife measuring 22 centimetres. Brathwaite managed to shout “help”, staggered towards a police vehicle and collapsed in the back seat.
She was pronounced dead around 11:55 p.m. at the hospital with stabs to the buttocks, arms, back, neck, fingers, left shoulder and abdomen.
The pathologist found there were at least four which could have killed her.
When Cadogan was picked up the next day at the Church of the Nazarene, he confessed and led police to the murder weapon under a tree and his clothes.
His buddy, Oscar Webster, said they were drinking from morning to night, but he was reluctant to join Cadogan in robbing “somebody”.
Cadogan had testified, from the stand, that the plan was to rob to get money for alcohol and marijuana, but not to murder. He also admitted he saw police in the area and watched to see where they went. He said he also saw his cousin, another policeman. (HLE)