Attorneys made legal submissions today to High Court Judge Justice Hayden St Clair-Douglas asking that he does not impose a custodial sentence on a plumber for killing a homeless man 17 years ago.
Defence attorney Subhas Panday submitted that his client Christopher Henry, 45, "flew in a fit of rage" on seeing the deceased vagrant attempting to attack his common-law wife and two-year-old daughter. At a previous hearing, Henry pleaded guilty in San Fernando Second Assizes Court charged with manslaughter.
Panday said that in 2001, Henry was then a street vendor at Coffee Street in San Fernando. While selling haberdasheries, the vagrant asked Henry for money and cigarette. After receiving the money and a lit cigarette, the vagrant walked away. Nearby Henry’s wife and young child were walking in his direction and the vagrant began cursing them. He picked up a bottle and attempted the attack the mother and daughter. Panday said that in a fit of rage, Henry picked up a piece of wood from the ground and hit the vagrant on his hands and feet. The wood had nails on it.
State prosecutor attorney Trevor Jones agreed with Panday that a non-custodial sentence is imposed on the accused. It is not because the deceased was a vagrant.
St Clair-Douglas remanded Henry in custody to reappear on June 12. On that day the judge will make his decision and pass sentence.