TWO brothers sentenced to hang for the 2010 murder of a Biche farmer have not yet been sentenced for other offences arising out of that killing, because the prison is yet to calculate the time they have spent in custody.
In June, John and Victor Flores were convicted by Justice Hayden St Clair-Douglas at a judge-only trial.
They were sentenced to hang for murdering Seecharan Shankar on May 24, 2010, in the Churuma forest.
They were also found guilty of the attempted murder of Sankar’s brother Doodnath “Anil" Sankar and his cousin Johnny “Rohan” Ramnarine and possession of a shotgun and ammunition.
They were ordered to return to the court for sentencing for the attempted murder and gun and ammunition possession.
However, when they returned on Wednesday, prosecutor Maria Lyons-Edwards said she had asked the prison for the information but was told there were challenges in providing it.
She explained that when the two men entered the prison when they were charged, the prison’s records were not computerised, and officials were having problems accessing the books containing the information.
After saying the explanation “was not good enough,” St Clair-Douglas said he would have the registrar of the high court write to the prisons for the information.
“It is established law that it (time spent) must form part of the sentencing process," he said. "I cannot proceed without that information.”
He adjourned the matter to October 26.
Earlier in the sitting, one of the brothers, John, refused to come to court.
When the matter was called, a prison officer at the prison’s virtual court said Flores was refusing to come to court because he said the judge was biased and disrespectful.
“It doesn't work like that,” the judge told the officer, who said they might have to “force” him to come. “Use force if you have to. That is not my business. That is your business. I will sit here and wait.”
Almost half an hour later, the officer said they could not force Flores to come to court, but St Clair-Douglas said he was still waiting for them to bring his prisoner to his court.
“That is your responsibility.”
Half an hour after that, Flores was brought to the virtual courtroom.
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