By Kisean Joseph
Defence attorney Wendel Alexander has questioned the 17 and a-half years sentence for manslaughter handed down to Alfred Delice last week, calling it “unduly excessive” and inconsistent with similar cases in the jurisdiction.
Delice was sentenced by Justice Ann-Marie Smith for the killing of Steve Pablo Francis during an altercation that occurred on July 14, 2021, in St Johnston’s Village. The incident, which began as a verbal dispute and escalated over several hours, ultimately ended with Delice inflicting a fatal wound to Francis’s temple with a screwdriver.
“This is a case where the defendant had pleaded guilty, and in fact had wanted to plead guilty to manslaughter.
“His case is the most typical case of self-defense, and he stood a very, very good chance if he had gone before the court on a self-defense defense,” Alexander stated.
The attorney pointed to recent precedents to support his position, noting, “We have had cases where two persons have pleaded not guilty to murder and were convicted for manslaughter, and were given 12 years and 10 years imprisonment.”
He specifically referenced the Kelly Friday case, where the defendant received a 12-year sentence after being charged for murder but was found guilty for manslaughter.
Alexander expressed particular concern about the circumstances leading to Delice’s guilty plea.
“The plea for manslaughter was only accepted after he would have come to court several times,” he said. “He was provoked and he was attacked on several occasions on that day.”
Alexander also questioned the judge’s analysis of the sentence.
“I picked up on one or two errors which I wouldn’t want to deal with if the matter comes up before the Court of Appeal,” Alexander said, suggesting potential grounds for appeal.
Justice Smith’s sentencing began at 25 years, considering the verbal abuse and prior attempts of abuse between the parties. The sentence was increased to 26 years due to aggravating factors, including Delice’s attempt to conceal the weapon after the offence.
Reports are that the altercation began after 6 pm and continued until approximately 10 p.m., with multiple interventions by bystanders and a police officer. Both men were armed – Francis with a pair of scissors and Delice with a screwdriver – but the officer did not confiscate the weapons.
Alexander said he has received reports from the prison indicating that Delice was “shocked” by the severity of the sentence.
“Give him a few days to relax and probably cool off, and perhaps he will take a decision as to whether or not he wishes to appeal against the sentence,” Alexander said.
He emphasised that the sentence appears inconsistent with similar cases “around the Eastern Caribbean” and expressed his willingness to pursue an appeal if requested by his client.
