Dyer sentenced to eight years

On two different occasions, jurors failed to decide the fate of murder accused Jamal Dyer. And having already spent several years on remand, Dyer could be released from prison, come next year. {{more}}

Dyer, 26, Mechanic, of Chateaubelair, was initially charged with the murder of fellow villager Raphael “Scooby” Trimmingham, 36, on October 4, 2004. However, on Tuesday, July 31, at the Criminal Assizes in the High Court, Dyer pleaded guilty to the lesser count of manslaughter and was slapped with an eight-year custodial sentence, which is effective dating back to the time of arrest.

It is alleged that on the fatal day when Trimmingham took his last breath, then 21-year-old Dyer had left his home at about 12 midnight to attend a dance at the Blue Waters Disco in Chateaubelair. While there, Trimmingham stepped on his (Dyer’s) foot and a skirmish ensued between both men. It is alleged that Dyer pulled a pistol from his back pants pocket and fired at the deceased who was standing over him, while he was on the floor. Trimmingham received three gunshot wounds, two to the abdomen and one to the chest.

As presiding judge, Justice Frederick Bruce-Lyle read out his sentence, a smile that had never been evident during his past two trials appeared on Dyer’s face as he stepped out of the dock. His mother, Debra Dyer, rushed to her son’s side and gave him a pat on his back as police officers led him back to prison. Dyer had been tried twice for Trimmingham’s murder but a hung jury was the result on both occasions.

Speaking on her son’s behalf, Debra said Jamal is a very quiet individual who helped her out tremendously. “I have four kids and I just can’t explain it but Jamal just have a special love for me like none other,” she lamented. She further stated that Jamal’s two children, aged seven and five years old have been living with their grandparents since 2004 and they hardly know their father, especially the five year-old child. “It affects me everyday to know that he is in jail and it causes my blood pressure to raise just by thinking about it,” Dyer added.

In a plea of mitigation, Counsel for Dyer, Andrew Cummings Q.C., told the court that the jury, on two previous occasions, could not come up with a decision in his client’s matter. He further stated that he was surprised that Director of Public Prosecutions Colin Williams was going forward with the matter and did not dismiss it. “It is normal practice after someone is found not guilty after two trials, they should be set free,” he stated.

Cummings said the length of time that Dyer has already served was beginning to take its toll on him. The Queen’s Counsel pleaded with Justice Bruce-Lyle to exercise his discretion in handing down sentence and to incorporate the time he has already served.

“You are someone who loves guns,” the judge remarked just before handing down sentence. Bruce-Lyle said he noted the fact that two trials were held and the jury had doubts as to what had really happened.

However, Bruce-Lyle pointed out that a life was lost in the incident and Dyer has a previous offence for an unlicensed firearm. In 2003, Dyer was convicted and sentenced to eight months hard labour for possession of an unlicensed firearm and ammunition. “An eight year sentence would be appropriate for you. Take that time to reflect. I don’t think you need to be incarcerated any further,” Bruce-Lyle added.

The judge said he was surprised, too, that the DPP wanted to prolong the matter. “If it had reached to a third trial, I may have intervened,” he stated.(KW)