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Justice John pours out heart to Hart in sentencing

- Hart sentenced to 4 years in prison; Attorney cautioned during process of reviewing evidence
Matthew Hart was sentenced to four years in prison by Justice Kelvin John after being found guilty of inflicting grievous bodily harm on another man. The sentencing was done yesterday, May 29, 2013 in the High Court. Photo shows Mr Hart being led away from the High Court by a prison officer following the sentencing. Photo: VINO
 Matthew Hart was found guilty of stabbing another in the Claudette 'Boopie' Smith Festiville on July 27, 2012. He will serve the next three years in prison since his four year sentencing is to run from the date of incarceration. Photo: VINO/File
Matthew Hart was found guilty of stabbing another in the Claudette 'Boopie' Smith Festiville on July 27, 2012. He will serve the next three years in prison since his four year sentencing is to run from the date of incarceration. Photo: VINO/File
ROAD TOWN, Tortola, VI – Matthew Hart, 35, was yesterday May 29, 2013 sentenced to four years imprisonment by Justice Kelvin John, who while passing the sentence, poured his heart out to Hart saying repeatedly how much he felt for the young man as he thought he had lots of potential and should give himself a chance at a better life.

The sentence term will run from July 28, 2012, the date he was taken into prison. Hart remained in prison throughout the period of his trial despite being offered bail.

Hart was found guilty of stabbing Ivan Govia and causing him grievous bodily harm. The incident took place at the Festival Grounds in July of 2012 on the birth anniversary of Govia, who was present in court when sentencing was handed down.

Having considered the general circumstances of the evidence laid before the court throughout the trial, Justice John said that he found Hart to be a young man that was humble, good looking and with a lot of potential to make a valuable contribution to society and a brighter future for himself.

John told the court that it was his concern for Hart that influenced his sentencing, which had a number of conditions attached to give him the opportunity to turn his life around. Among the conditions were that the relevant prison and medical personnel ensure that Hart is given his medication as prescribed and that he is given the opportunity to access counseling on a weekly basis at the Sandy Lane Centre as requested by Hart. “Sir you could let them send me every Thursday to Sandy Lane Centre for group meeting and they does have counseling, could you let them send me? If I go to Sandy Lane I know I could come out a good person,” said the soft spoken Hart.

While it was a Heart to Hart outpouring from the Justice to the Defendant it was a different scenario between the Justice and Hart’s Attorney at Law Charmaine Rosan-Bunbury. During the process of reviewing the evidence before the sentencing, Justice John had occasion to caution the Lawyer. “Do not include me in your statement, do not. I had to talk to you several times before about this, do not include me in your statement. Do not disrespect me, not a day like today,” Justice Kelvin John stated.

The caution was prompted after John had asked a question of Rosan-Bunbury and she had use the word “we” in her response, which allegedly included Justice John. The Justice had repeatedly asked the Attorney to clarify statements made and to confirm sources of references. At one stage Rosan-Bunbury said to the Justice, “Is there any hope for Mr Hart or should I just sit down?”

The crown was represented by Principal Crown Counsel Tiffany Scatlitte and Prosecutor Leslie Ann Faulkner. The Crown’s representative had requested that Hart be sentenced for no less than four years given the fact that he has had a previous conviction, the incident for which he was found guilty was an unprovoked one, there were no mitigating factors and the severity of the wound inflicted on Mr Govia. They had also requested that Mr Ivan Govia be considered for compensation for his medical expenses incurred, however, this was not forthcoming as the justice alluded to Hart’s inability to pay any sort of compensation.

Justice John had also noted that his sentence was also on the ground that he thought it necessary to protect Hart from himself and from society and society from him. He said on this occasion the crime committed by Hart was a tier or class higher than the one which had landed him in prison previously and a pattern was showing that was not promising.   

Hart is to ensure that he does a lot of reading while in prison, as advised by Justice John.

15 Responses to “Justice John pours out heart to Hart in sentencing”

  • . (30/05/2013, 08:37) Like (0) Dislike (2) Reply
    He will now miss several augast festivals.
  • hart (30/05/2013, 08:47) Like (2) Dislike (10) Reply
    so if he feel for him they he should have let him out!!
  • wow (30/05/2013, 09:11) Like (13) Dislike (0) Reply
    I believe something deeply tragical happen to this man either when he wasd young or a teenager or something. it is deeper than just drugs and I think nobody even cares. This man need to sit down with a good psychiatrist and have a long talk and I'm pretty sure some dark stuff will come out of it. Something other than drugs scar this man.
    • yea (30/05/2013, 09:47) Like (9) Dislike (1) Reply
      someone lace his high grade with another substance and set him off. in school he was a decent young man.
  • counsel (30/05/2013, 09:58) Like (1) Dislike (1) Reply

    When you need a good defence lawyer, you get one. If not expect teh maximum senetence!

  • legal (30/05/2013, 10:06) Like (3) Dislike (0) Reply

    People still using R>>>>? lmao!!!

  • promised (30/05/2013, 10:31) Like (18) Dislike (0) Reply
    this man used to meet me by bobbies ask me for a dollar which i give him couple weeks after i saw him in bobbies he like colleague what do you want me buy you? i can buy you a drink, just pick it up. thas when i know that dude was down to earth and cool he really need help and i will help him any day. straight up
  • VIlander (30/05/2013, 10:51) Like (3) Dislike (0) Reply

    Dr.Sam>>> doesn't have a plan for these people, get someone here who can deal with this problem b4 it continues to grow. We have too many crazy people walking the streets & incarcerated in the VI.

    • VIander (02/06/2013, 08:59) Like (1) Dislike (0) Reply
      Dr. Samuel is only one person. She cannot do everything by herself. She is only the psychiatrist. There is a Director of Community Mental Health. She is the person responsble for coming up with a plan. Give Dr. a break and let those who need to do their work do it.
  • anthony (30/05/2013, 12:05) Like (1) Dislike (0) Reply
    Why do we use "crazy" to describe the mentally challenged among us. Several things can affect one's state of mind. The problem lies in guesting these individuals the help they so desperately need. I see these people on the street and feel sorry because of the state they are in. It pains my heart knowing who society has written these people off instead of reaching out and helping to find a possible solution to this long standing problem. Sandy Lane is a start but there still some ways to go.
  • the rock (30/05/2013, 12:17) Like (0) Dislike (1) Reply
    he poured out his heart to mathew..and then turn around and give him 4years..poured out his heart my a..!, mathew needs help..here just dont have no one or any institue to deal with him and many more like him..judge u let me down..straight up!
    • Byron Scott (31/05/2013, 12:28) Like (0) Dislike (0) Reply
      Of course he poured out his heart......due to the injuries sustain by the victim, it was changed to attempted murder. Four (4) years for attempted murder is not bad for the defendant. Also, without giving too much details, this case had 2 victims in my opinion.
  • Jeronimo (30/05/2013, 12:26) Like (0) Dislike (1) Reply
    Judging from the pictures, this guy looks crazy. Just saying.
  • Mick Mars (30/05/2013, 17:53) Like (1) Dislike (0) Reply
    This dude got problems. Wha them is, I ain't really know. I talked to this dude on numerous occasions and I can safely say he never beg me or act threatening towards me in anyway.

    His tenure at Sandy Lane when I had known him didn't yield the results we would have hoped for since he was still smoking (Weed as far as I know. I saw and talked to him while he rolled and lit up on several occasions) and drinking. Out of the majority of the young dudes on the road either acting crazy or being plain out lazy, I can safely say he has potential more than them. I ain't ever see or heard him assault anyone that aint mess with him, or steal anything outside of the time he vandalized the ATM machine.

    Hopefully this stint in jail will calm him down some and put him in a different direction, hopefully a good one.


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