He said he was “in and out of hospital”, that he had to spend money on his son who had just sat the 11-Plus examination, that he had been doing odd jobs and that the person, who could have helped him, had two of his hired vehicles written off.
In the end, Justice Anthony Blackman gave him six more months in which to pay the fine and compensation and urged him to do so because “based on the reports I have on file, you cannot do jail time”.
“This is the last extension. There will be no more so you’d better ask somebody for a weed-wacker and walk about and cut grass,” the judge said.
Only paid $1 850
Davis, of Brereton, St Philip, was back in the No. 3A Supreme Court yesterday, where he had been found guilty, in November 2023, of unlawfully wounding Althea Burke on April 21, 2020. The jury had found him not guilty of the more serious count of wounding Burke with intent.
Justice Anthony Blackman had fined him $4 000 for the offence, which was to be paid in eight months, and ordered him to pay $6 000 in compensation to Burke in ten months. The alternative was 787 days in prison.
However, when Davis reappeared in court yesterday, he admitted he had only paid $1 850 to date.
“Why haven’t you been paying the money?” Justice Blackman asked him.
“I was in and out of hospital and I was trying my best,” he said.
He added his son “had just turned 12” and had taken the Common Entrance Exam. He told the court he had to spend some money on the boy.
In addition, the person who signed his bail, and who would help him with food, just had two of his hired vehicles written off.
Davis admitted he received unemployment benefits and performed odd jobs like “painting a bedroom or washing cars”.
“If someone gave me a little job, I would hold back a little something. I don’t want to go t’ief but eventually it would get pay,” he said.
Principal State Counsel Joyann Catwell told the court that in light of Davis’ health challenges, he should be afforded additional time to pay the monies.
“But it should be payable in a short period to drive home the punishment. The court must still impress upon him it’s a serious matter and the [monies] must be paid,” she said.
Cannot do time
Justice Blackman told the convicted man to incarcerate him “would be of no benefit to either you or the complainant and certainly not to your son”.
“I am going to encourage you to do a bit more to acquire the funds lawfully to satisfy these orders. Based on the reports I have on file, you cannot do jail time. So it is imperative you do the best to satisfy the orders of the court.
“The court must remember it has an obligation to society and it has an obligation to ensure justice is administered,” the judge said, as he added he had considered Davis’ personal circumstances as well as the complainant’s.
He then gave Davis until June 30, next year, to pay all the monies or spend 787 days in prison.
Proposition
During the trial, the complainant said she and Davis grew up together and when she returned to Brereton to live, they exchanged numbers but Davis started propositioning her for sex.
She testified that in April 2020 he sent yet another WhatsApp message requesting sex and offered her $400. She said she told Davis to keep his money because she was not a prostitute, and he needed to stop approaching her about sex.
Early one morning, she said she was outside her aunt’s house when Davis came toward her, pushed $400 in the pocket of her shorts and grabbed at her private parts.
She said she pushed him off, threw the money back at him and ran. She agreed that initially she decided to meet Davis for the money, but after thinking about it, she changed her mind.
She said on the day of the incident, she was with others when Davis approached her, raised a cutlass and chopped her left hand.
Davis, however, told the court they agreed to meet under a shed. He said she turned up in a nightgown, took his $400 and ran off. She never gave it back to him and he did not see her for a few days after that. (HLE)
