Sixty-seven-year-old Ernest Winston Jackman, a Barbados attorney who will be sentenced on November 9 has petitioned the High Court to impose a non-custodial sentence, despite the acting Director of Public Prosecutions (DPP) requesting a stiff penalty.
He was convicted in May of stealing BDS$678 414.75 (one BDS$=US$0.50 cents) from HEJ Limited between June 23, 2006, and March 5, 2007.
“I am both embarrassed and ashamed to be appearing before this court in this capacity and position. I deeply regret the action taken by me. I accept the verdict of the jury and like I said, I sincerely apologize for what has happened,” said Jackman.
The lawyer was also found guilty of money laundering for disposing of the money between June 23, 2006, and October 18, 2011.
Acting DPP Krystal Delaney urged the High Court to impose a sentence of eight to nine years for theft and ten years for money laundering.
She said he should be given credit for the 96 days he had spent in prison as of July 28.
“There was a significant breach of trust, the custodial threshold has been crossed and a suspended sentence is not appropriate in the circumstances. In this case, an immediate custodial sentence is not only merited but necessary,” Delaney told the Supreme Court.
Among the aggravating circumstances, she told Justice Pamela Beckles, was the theft of a substantial sum of money.
She further revealed that it had been stolen from the elderly complainant, who was 85 years old when he testified in the case. She disclosed that in his victim impact statement, he discussed how this money was his retirement plan, and how he had to make alternative plans for his retirement when it was not forthcoming.
“We all know that the relationship between a client and an attorney is one that is built on trust and in this case, there was a breach of that trust when the convicted man chose to use Mr. Huggins’ money as his own personal piggy bank,” the prosecutor said.
She added that while the convicted lawyer had repaid a substantial portion of the money, this was only due to a previous court judgment.
“The court needs . . . to send a message that these sorts of offences will not be tolerated. The sentences imposed should reflect the court’s abhorrence of these sorts of offences and should be reflected in specific and general terms,” the acting DPP said.
However, Jackman told Justice Beckles that it was a transaction that had broken down and was “not deliberate on my part to deprive Mr. Huggins of his property”.
“I have done wrong – I do not, cannot, will not even for one moment pretend otherwise. My action has been and continues to be a source of shame and embarrassment for me . . .. My embarrassment and shame extend to my family …I deeply regret the pain that I have caused them,” he said.
He expressed that he had made considerable efforts to repay the money and that he was still “desirous” of doing so.
“To date, I have paid the sum of BDS$392 000 with the balance remaining unpaid. It is my desire to pay the balance of the money belonging to the complainant. I have always intended to do so and will take action to try and have that done,” he said.
He added: “While it is not possible to be able to do so from where I am in prison, I am requesting to be allowed the scope and opportunity to do so. The complainant had stated that he would like to be paid the balance of the money due . . .and I am desirous of doing so.”
Jackman went on to make his appeal, asking the court to impose a non-custodial sentence.
