A Mayaro man who killed his ex-girlfriend and her 18-month-old son in 2005 has been sentenced by the Court of Appeal.
On Monday, Anand Baboolal was sentenced to 25 years of hard labour each for stabbing 26-year-old Ria Ramlochan and her son Timothy Ragbir on August 13, 2005.
However, the 17 years and ten months he has already spent in prison was discounted, leaving him with seven years and two months left to serve. The sentences will run concurrently (or at the same time).
Baboolal was convicted on April 12, 2017, and sentenced to death. He successfully appealed his conviction in June, last year, which was quashed by Justices of Appeal Alice Yorke-Soo Hon, Mark Mohammed and Maria Wilson.
Rather than sending the matter back for a new trial, the judges used their discretion to substitute convictions for the lesser offence of manslaughter. They then invited submissions on sentence and gave their decision on Monday.
Soo Hon explained the sentencing process and mentioned what factors they took into consideration.
They considered the nature of the attack and the mitigating and aggravating factors of the offence and offender. Soo Hon reminded that remorse, or the lack of it, was not a mitigating or aggravating factor to be considered by sentencing judges, and time spent was an entitlement.
In Baboolal’s case, since he did not plead guilty, he will not receive any further discounts.
In allowing his appeal, Mohammed, who delivered the court’s decision last year, said in Baboolal’s case, the trial judge failed to direct the jury adequately on the issue of provocation raised in the evidence.
“We are of the view that there is a strong probability that a jury properly directed may very have well arrived at a verdict of guilty of manslaughter,” Mohammed said.
“In our view, returning this matter to the trial court would be a waste of judicial time and resources,” he added. The verdicts of manslaughter were then substituted.
Ramlochan was found in the latrine at her Solomon Avenue, Mayaro home. She had been stabbed three times in the chest and abdomen.
Her son’s body was found wrapped in a fishing net in the Mafeking River. An autopsy revealed that he had over a dozen stab wounds and cuts. His pubic area had also been mutilated.
During his trial, prosecutors presented a confession statement, which they claimed Baboolal gave days after his arrest.
In the statement, Baboolal allegedly told police that on the day of the incident, he visited Ramlochan’s home and they had an argument. He said she lunged at him with a knife and he tried to disarm her.
He said they fell on the bed where her son was lying and he accidentally stabbed her while they were wrestling for the weapon.
Baboolal claimed he blacked out on seeing the large quantity of blood and only remembered waking up in his brother’s home the following morning.
Although Baboolal did not testify at the trial, his attorneys contended that the statement was fabricated and investigators threatened him at gunpoint to sign it.
Baboolal was represen
