Bequia man imprisoned for 21 years for killing fisherman

A Bequia man has been sentenced to prison for 21 years for causing the death of a fisherman by shooting him in his neck with a flare gun.

Zakeem Bess appeared at High Court #1 before Justice Brian Cottle on Wednesday, December 19 for his sentencing. Bess pleaded guilty that with malice aforethought, he caused the death of Ottley Ollivierre by shooting him in his neck with a flare gun on October 7, 2020 which caused Ollivierre to die 10 days later.

The facts stated that Bess was in Hamilton, Bequia at a function some time in the night on the date of the offence. Bess wanted to leave Hamilton and head to Paget Farm but he did not have a vehicle to transport him. He saw one, Balico Duncan and asked him for a ride to Paget Farm.

Duncan agreed to take him but informed Bess that he was not quite yet ready to leave and that he would let him know when he would be able to take him. After this, Bess approached Duncan multiple times requesting the ride, and at about midnight, Duncan told Bess that he was ready to go.

The mode of transportation was a bike, and the Bess was a pillion rider. Duncan asked his cousin to accompany him on his own bike as Duncan was unsure that he had sufficient fuel to take him on the journey and back.

Duncan took Bess to Daniel’s Bar in South Side (Paget Farm), and Bess got off the bike. Duncan drove further down the road and turned to return to Hamilton. Whilst doing so, he saw Bess flagging him down. Duncan thought Bess wanted to tell him something, but instead, Bess jumped back on to the back of the bike.

Duncan then felt a bottle hit his helmet and he asked Bess if he got into anything with anyone at the bar. Bess replied “No”, and they left and went back to Hamilton. Another eyewitness indicated that on the same day, she saw Bess arrive at the Bar and approache the deceased, Ollivierre.

She saw the deceased raise his hands as if he were defending himself from Bess, then she heard a sound like a scratch bomb, and saw smoke coming from Olliverre’s throat. Olliverre was holding his throat and drifted into the road. She then saw when Bess leave on a bike, driven by someone else.

Olliverre was taken to the hospital in Kingstown via the Coast Guard Services on the same day, and died on October 17, 2020 as a result of flare gun injuries to the neck. Bess was arrested and charged for the offence of murder. During his electronic interview with the police, the prisoner co-operated with the police and gave assistance in an effort to locate the flare gun, which was used to injure and kill Ollivierre.

Bess did not deny his actions on that night, but told the police that his actions stemmed from an earlier altercation between Ollivierre and another villager, where the deceased told him “Alyuh war killing”. Bess never reported the threat on his life to the police but instead thought it best to take matters in his own hands.

Police officer Ariana Snagg, in offering more insight into the history between Ollivierre and Bess, her cousin, said that sometime in 2019, she met Bess on her porch sleeping. When she inquired of him why he was there, he indicated to her that Ollivierre ran him down and he was frightened for his life.

She advised him to report the matter to the police, he told her that he did so; however, the police ran him and were not taking him seriously.

Justice Cottle found that the appropriate starting point was a determinant sentence of 40 years, as it falls within a range of 30-50 years. Aggravating features of the offence and offender were that the attack was unprovoked, it occurred in a public setting, and that Ollivierre had a history of violence against Bess.

Mitigating of the offence and offender is that Bess appears to be of good character as he is a first time offender. He never managed to complete his secondary school education. His alcohol abuse has resulted in psychiatric problems. He has shown the potential of being rehabilitated, and has expressed remorse for his actions.

Cottle found that the mitigating factors outweighed the aggravating, and so eight years were deducted from the sentence, resulting in a notional sentence of 32 years imprisonment.

Bess was also offered a one-third discount for pleading guilty to the offence, resulting in a custodial sentence of roughly over 21 years. Time spent on remand, which amounted to three years, two months and nine days was also deducted from the sentence, and so Bess has 18 years, one month and 22 days remaining to serve.

Representing the Crown was Counsel Rose-ann Richards and Assistant Director of Public Prosecutions Karim Nelson, while lawyer Shirlan ‘Zita’ Barnwell represented Bess.