Bruce-Lyle expecting criticism from the public

Justice Frederick Bruce Lyle is expecting criticism in relation to his sentencing of a man who pleaded guilty to rape on Wednesday at the High Court. He placed the man on a 7pm to 5am five-year curfew.{{more}}

“I know my decision is going to cause some protest from the public,” said Justice Bruce-Lyle.

Rinique Mathurin, 21, labourer of Lowmans Leeward, pleaded guilty to raping a 19-year-old woman of the same address on April 30, 2005.

In breach of the curfew, Mathurin will spend five years behind bars.

According to instructions from her client, defence counsel Nicole Sylvester said that he (Rinique) knocked on the door of the woman about 4:30 pm requesting a piece of ice. She told him that the fridge was turned off and he went inside the house to see if she was telling the truth. Mathurin left the house and then returned and went into the bedroom where the lady was, touched her shoulder and started undressing her. He then took off his pants and proceeded to have sex with her. Moments later she told him to stop because her sister was coming home soon, but he did not. It was said that they startled wrestling and fell off the bed. It was not until her sister caught him in the act that he stopped and went away without saying anything.

In her mitigation, Sylvester said that her client thought the sex was at one point consensual, but made an error in judgment. She added that both parties in the matter were not strangers, but in a relationship. Sylvester stated that since the incident her client has been attending counseling at the Marion House and has great prospects. She said while on bail, he has worked on boats traveling around the Caribbean, but always returned to the jurisdiction for any court matters. “My client has tremendous respect for the court and has never tried to abscond.” She also stated that his mother left him at an early age and that he basically grew up on his own.

Justice Bruce-Lyle said the case posed a difficult task in imposing a sentence. The Judge said he considered them to be two young persons who were listening to the voice of the devil instead of the Lord. “I think it’s one of those cases where he thief a chance and when he was caught he did the right thing to stop,” said Bruce-Lyle.

“This is one case that demands leniency. Sending him to prison isn’t going to solve the problem this country is facing. Sometimes I say parents are responsible for these things,” he added. “I am giving you a chance, don’t go and steal another chance.”

Director of Public Prosecutions Colin Williams argued the that no relationship was established between both parties, and raised the point that the defence should have disputed the prosecution facts.(KW)