Rico Jamal Brathwaite has been fined $2 000 for escaping lawful custody nearly four years ago, with the court warning that an eight-month prison term would follow if the penalty was not paid.
Brathwaite of Foul Bay, St Philip, was ordered to pay the amount immediately or face imprisonment after admitting to escaping lawful custody without the use of force, following his arrest for robbery on July 9, 2022.
The court heard that Brathwaite was in custody at Oistins Police Station and, while being taken for a bath, pulled away from the police officer escorting him, jumped over a wicket gate and ran out of the station. He was pursued by two officers but made good his escape.
Ten days later, he surrendered to police, accompanied by his attorney, and gave a statement.
In it, he outlined that he had presented himself to the police station on July 7 in connection with a robbery charge and told officers that there were cameras in Oistins and “I don’t want to be charged for something I didn’t do, so look at everything twice”.
“On Friday night, I was interviewed for about two minutes, and I was told I was being charged for robbery, and my mind start to play games on me, honest to God. I was put back in the cell and couldn’t sleep. It kind of triggered me off. So in the morning, when I went to bathe, I decided to run and got away from the station, and I did. That is my explanation for running away,” the statement read.
Justice Laurie-Ann Smith-Bovell set a starting point of 18 months for the offence, finding the length of time he was on the run and his use of marijuana aggravating factors. Mitigating factors included his clean record, his surrender to police, his low risk of reoffending, and his expression of remorse.
She said: “While not a mitigating factor, the court notes the reasoning for the absconding, which tends to suggest that the now convicted man felt that the police had not done an investigation to discover the CCTV footage evidence, which he was of the view would have proven that he could not have committed the offence for which he was being accused. That, however, is not a reason to escape from custody. That is what you tell your attorney so they can make the necessary enquiries through the police or on his or her own.”
Deductions were made for his mitigating circumstances and plea, leaving an eight-month prison sentence in default of payment of the $2 000 fine. The fine was paid.
(JB)
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