Two men who killed bystander during armed robbery denied early release

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Kenicia Francis

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A court has ruled against the early release of two men convicted of murdering an innocent bystander during an armed robbery in 2010.

Isaiah Benjamin and Kayvin Jerome Benjamin were found guilty of murdering Lyndon Isaac during the incident at T’s Natural Bamboo Bar. They were part of a masked trio who committed the robbery before fleeing in a car driven by Isaiah. The third man, Edwin Gomez, is serving a 30-year sentence.

The Benjamins’ case was reviewed after serving approximately 14 years of their 25-year sentences.

Senior Prison Officer Lyndon Russell informed the court that both men have been involved in the prison’s kitchen operations, with Isaiah working in the bakery seven days a week and Kayvin joining the kitchen staff about a year ago.

Prison Superintendent Lt Colonel Trevor Pennyfeather also testified in court, saying he had not had enough interaction with Kayvin to determine whether he has been adequately rehabilitated for release. 

He spoke of Kayvin’s decision to join the kitchen staff last year, and expressed his belief that prior to that he was just sitting in his cell. 

However, he testified that Isaiah has become easier to interact with over the years. 

Pennyfeather said he had heard reports from other officers in charge of overseeing Isaiah that he had “mellowed out”.

He said he was aware that Isaiah has been actively involved with cutting fellow prisoners’ hair and baking, adding that he had even tried one of his creations which he enjoyed. 

Leonardo Benjamin, Isaiah’s uncle, also testified, saying he had visited Isaiah on several occasions during his incarceration and he seems ready for the world. 

He revealed that Isaiah also has carpentry experience and thus he would be able to give him a weekly stipend for his services to enable him to have an income until he lands on his feet. 

Pennyfeather also testified about the availability of rehabilitation programmes in the prison. 

He spoke of a programme with the University of the West Indies, which he is seeking to expand.

There is also a construction programme where inmates go out and do select civic projects, along with an agricultural programme, which deals with plants and animals.

He said he is seeking to develop a new programme with the Ministry of Education so that the many incarcerated persons who can’t read will be able to get CXC subjects. Pennyfeather explained that he had also made arrangements to begin a basic literacy initiative.

Additionally, there’s spiritual counselling piloted by the Seventh Day Adventists, psychological counselling led by Pastor Cotton and various vocational opportunities. 

Both the prosecution and the defence commended Pennyfeather for his service with the prison.

However, Robinson suggested that the rehabilitation programmes were limited due to financial restraints.

He also said the prison itself is in such a dire state that it has been condemned by international organisations.

“I say all of this to say that … the prison is not one of those places that government spent enough money on. I don’t want to sound political, but, persons, even committing the most serious crimes, are human beings. There are some fundamental and international human rights that should be awarded to them, and that includes rehabilitation,” Robinson said.

“Without an active programme, it leaves the prisoners basically hopeless, with nothing to do, and sometimes the devil finds work for idle hands to do. The point I’m making is this, these are some of the fundamental problems that the prison has, none of which these poor inmates can be blamed for.”

However, Justice Ann-Marie Smith noted that neither inmate took advantage of any of the programmes that Pennyfeather spoke about and said that many prison systems do not have adequate rehabilitation programmes, even in high income countries. 

As a result, she said she was not convinced that restorative justice had been pursued in this case.

“Restorative justice seeks to examine the harmful impact of a crime and then determines what can be done to repair that harm, while holding the person or persons who have caused it accountable for his or her actions. Accountability for the offender means accepting responsibility and acting to repair the harm done,” she said.

“I have read and am grateful for the brief supplied by the Acting Director of Public Prosecutions. Unfortunately, the prison service has not provided any information upon which this court can rely upon to conclude that both individuals have been sufficiently rehabilitated to reward them with an early release. I am neither convinced nor persuaded that this is in fact so.”

She added that the case will be reviewed again in three years. Robinson indicated his intention to appeal her decision as soon as possible.

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