R v Cuthbert Wilkes

• Jurisdiction: Saint Kitts and Nevis
• Judge: Morley J
• Judgment Date: 22 December 2023
• Neutral Citation: KN 2023 HC 32
• Court: High Court (Saint Kitts and Nevis)
• Year: 2023
• Docket Number: CASE SKNHCR 2023/0003

Rex

and

Cuthbert Wilkes

CASE SKNHCR 2023/0003

THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT OF JUSTICE

IN ST CHRISTOPHER CIRCUIT

APPEARANCES

DPP Adlai Smith and Ms Althea Campbell for the Crown.

Mr Jason Hamilton for the defendant.

SENTENCE

For drawing a licensed firearm during an argument

Morley J

1 Cuthbert Wilkes aged 52 (dob 13.10.71) falls to be sentenced following conviction by the jury, after trial during 30.10-03.11.23, for the offence of possession of a firearm with intent to endanger life on 17.05.19.

2 The offence occurred outside Raquel's shop around 6pm, where many had gathered for Friday lime. Wilkes drove past at speed which caused folk to shout at him as there were children present. He stopped, remonstrated, and then drove off. However, critically, he then came back, and waded back into the group to remonstrate more, shouting ‘ who fucking dead, who wants to kill me, who wants to die’, pushing his hand into the face of Joseph ‘Bounty’ Lee, then pulling his gun, a licensed Bersa 0.38 pistol since 17.06.16, pointing it at Lee, was said seen by Lee to be trying to shoot, but there was no round in the chamber, though six in the magazine, and then others wrestled the gun from him. Bounty ran off with the gun, and next day police arrested him, beating him, and he gave back the gun. Wilkes had told police Lee and others were the aggressors, and he never drew his gun, which instead was pulled out of his pocket and stolen, which at trial was broadly his defence. By his conviction, the jury was sure he was lying.

3 In his victim impact statement dated 08.11.23, Lee describes thinking he was about to be shot dead, and is particularly aggrieved he was beaten by police, who used a rifle butt to his face, and assaulted him further in their car, requiring he go under arrest to hospital for pain medication. When asked who had beaten him, OIC Anita Norford explained to the court she had asked but none would say and she could not investigate further.

4 Wilkes has no previous convictions and is an upstanding member of the community. He began work as a gardener at 11, then was a car washer, as a boy learned electrics at St Kitts Refrigeration, set up Spectrum Electrical, offering electrical services at Paradise Beach, and for 30 years has been the projects manager at St Christopher Club, while also a farmer of two farms with 130 pigs and 10 farmhands.

• a. During mitigation on 14.12.23, there were supporters, being:

  • i. Eugene Hamilton, former member of parliament, knowing Wilkes for 20 years, who praised his discipline and good work with youth and schools;

  • ii. Rafiq Ghosh, a developer, knowing Wilkes for 25 years, who praised his leadership, family life, and how Wilkes is so trustworthy he has the Ghosh family house keys;

  • iii. Calvin Amory, retired police officer, knowing Wilkes since school days, describing him as very helpful and respectable, supplying paint gratis to police projects for road markings; and

  • iv. Lennox Warner, president of the Building Association, describing Wilkes as a skilled, knowledgeable electrician, showing loyalty and commitment, expressing shock and hurt the man he knows would have acted as he did on 17.05.19.

• b. In the social inquiry report of 12 pages dated 12.12.23 by probation officer Nekeisha O'Loughlin, there were further supporters, being:

  • i. Kristal Osbourne, his adopted daughter, listing 14 others he has adopted, describing him as the father she ‘chooses’ for his stability, dedication, and support;

  • ii. Leslie Conner, former police officer, describing Wilkes as easygoing and how he is surprised by the incident;

  • iii. Roline Taylor, principal of Washington Archibald school, knowing him as his children have gone through the school, while he annually hosts a CSEC electrical prize of $500ec, also giving budding electricians a starting toolkit;

  • iv. Verol Marshall, owner of Marshalls restaurant, describing Wilkes as humble, doing exceptional work at the restaurant, never showing negativity;

  • v. Vincent Berkley, a close friend, describing how Wilkes keeps 1500 birds of over 12 species, taking primary school children to see them, while giving work opportunities to 12 ‘gangster boys’ from troubled homes, and also doing a monthly care package for the elderly; and

  • vi. Perline Rawlins, mother of Joseph Lee, and sister of two others at the scene, asking Wilkes does not go to prison, this coming from her heart, as he is a ‘ good fella’, always keeping to himself and spending money on his animals, giving her bananas to sell, buying apples from her for his animals, and helping her with construction of her stall.

• c. Further in the report, Wilkes is reported as saying:

  It is with deep regret that I stand here today…The repercussions from that single action have impacted the reputation I've worked diligently to build. I feel I have broken the trusted relationships I held with my family and community. I bear no il will towards Bounty and his family…I am sorry for the negative impact it has had on his life and the lives of his family.

  Considering the charge for which I was found guilty, I want to humbly apologize to my community, to my professional colleagues, all of whom looked up or had faith in me…I pray you can forgive me and allow me the chance to redeem myself in your eyes. To my 16 employees, most of whom were considered at-risk youths, I offer my most heartfelt apology for the disappointment you must feel. I have lost not only your respect but the freedom to keep you gainfully employed and enabling you to make a living within the boundaries of the law.

  To my family I can never apologize enough for the trouble and hurt I have caused you. I will never relent in my pursuit of your forgiveness. I have the utmost respect for the jurors who worked assiduously over the course of the trial. Although I do not agree, I will respect the jury's verdict, I will not demean their efforts. I now place myself at the mercy of this honourable court.

5 On the one hand, it is clear Wilkes pointing the gun...