Yours truly is not a lawyer, neither was he in court during the trial. It is the aim of this post to look at this particular case from what was reported in the media and offer a defense for the young man.
First the details of the case.
David was charged with violently robbing his father while armed with a revolver and a knife. He stole a wallet containing Sh1,000, an ATM card, Visa Card, Alien Identity Card, two medical cards, three supermarket smart cards and a mobile phone all valued at Sh157,000.
and the decision of the court
I have considered that he is a first offender but also the fact that the offence he is charged with carries only one mandatory sentence. I will be imposing an illegal sentence to deviate from what the law says and, therefore, order him to suffer death.
the testimony by the father
Mr Mulready Tett testified that on the fateful day, his son called him to the living room where he found him with two other men. He noticed that his son was troubled and requested that they go outside to have a private talk and when they went back in the house, he requested the two to leave.
and the son’s response
the young Tett said that he was a victim of circumstances, that he was hijacked by the robbers who asked him at gunpoint to take them to his parents’ home and had no alternative but to comply.
I don’t know about you, but this case smells bad from the word go especially listening to what the adopted mother had to say
He used to claim for his share of property. Who is he? He is not even my own son. I only took care of him and in any case, I could have given him some property.
I am not privy to how the adoption was arranged, how they are related but I think there is more than meets the eye in this case. For one the sentence of the court defies the laws of natural justice. What good does society gain by the death sentence? How does the attempted theft of 157K warrant a death sentence? Why did the court dismiss the plea by the son that he was a victim of circumstances?
I believe a person acts as he does and that environment, training and temperament all play apart in someone’s behaviour. It would be useful for us to know under what circumstances David was brought up. His story has not been told in the whole of this. We have on the contrary the story of a once powerful mother complaining to be aggrieved while she sheds crocodile tears.
Anyone who receives death threats can go to the police and file a complaint. She says
He has always kept threatening the family, I had to restructure my security detail, change my routes because of the consistent death threats I always get from people hired by him to come and kill me.
It would be interesting to know if she ever reported such incidences to the police? Were this people arrested and what became of their cases? How did she tell her son had hired them or did they report this to her? And if they could report to her, they could also tell the police, why didn’t they report to the police they had been hired to kill the lady? This, to me, simply makes no sense.
I think the magistrate erred in sentencing David to hang. I think justice was not served and I hope that he files an appeal and gets his sentence commuted or revoked altogether. And am I opposed to death penalty.