bahamiangoddess
02-08-08, - 01:25 PM
He is now a free man
By ANGELO ARMBRISTER
Freeport News Reporter
Initially facing 13 years imprisonment, William Forbes, who was charged with manslaughter in the death of Donahue Ferguson in 2003, had his sentence significantly reduced yesterday and walked out of court a free man.
Justice Vera Watkins, who presided over the matter, explained that she was no stranger to the case and that she has given her decision careful consideration.
The judge said that she was mindful of the fact that Forbes has already spent five years in prison and sentenced him to six years at Her Majesty's Prison, Fox Hill. The time spent is to be counted from his incarceration since February 10, 2003.
According to the laws of The Bahamas, eight months is considered the same as a year in prison terms, as opposed to the 12 months that make up the calendar year. With that in mind, Forbes would have already served his time and is now a free man.
Speaking to The Freeport News moments after the ruling was handed down, defence attorney Carlson Shurland said that he is almost positive that his client is more content knowing that this matter is now behind him.
"I think the sentence was quite reasonable considering the mitigating circumstances, which clearly showed that Mr. Forbes was perhaps in the wrong place at the wrong time. But I believe that the prosecution took the high road in not trying to insist on getting sentencing on the high end of the scale," Shurland said. "I think the justice was fair in her determination in balancing the rights of the victims, their families and the rights of the defendants."
Forbes, who was tried in 2006 for the 2003 murder of Ferguson, had been sentenced to 13 years. However, the Court of Appeal overturned the manslaughter conviction and ordered a retrial after his attorney appealed the conviction, ruling that the judge's direction on the issue of self defence "was wholly inadequate and erroneous."
Despite his lawyer's defence to have him vindicated of manslaughter charges in a retrial, history repeated itself for Forbes in November 2007, when a Supreme Court jury once again found him guilty of that crime.
At first, the six man, six woman jury deliberated for more than four hours before returning to the courtroom at about 4:50 p.m. undecided with a count of five to seven.
With the possibility of having a hung jury, its members were instructed to return to the deliberating room to see if they could reach a decision.
At about 5:43 p.m. they returned with a guilty vote of eight to four.
After the verdict was read Justice Watkins, who heard the case and was satisfied that the jury had done their jobs, discharged them of their duties.
Ferguson, 30, was killed on February 10, 2003 in South Bahamia while visiting his girlfriend when he was attacked by two men with an axe and suffered a wound to the right upper arm that was almost completely severed.
The victim had left his girlfriend's house in a dark blue Ford Probe car to seek medical attention, but only made it some 400 yards away when he crashed into the bushes.
Ferguson had flagged down a passing motorist from the side of the bushes after crashing and moments later collapsed to the ground. He was discovered by police in a pool of blood in the street where he bled to death.
His was the third slaying in Grand Bahama in 2003.
Defence council was assisted by Attorney Mary Bain, while Senior Prosecutor Vernal Collie appeared on behalf of The Crown.
HEADED TO COURT William Forbes heading to court yesterday for his sentencing on manslaughter charges in the death of Donahue Ferguson in 2003.
(Photo by JENNEVA RUSSELL)
By ANGELO ARMBRISTER
Freeport News Reporter
Initially facing 13 years imprisonment, William Forbes, who was charged with manslaughter in the death of Donahue Ferguson in 2003, had his sentence significantly reduced yesterday and walked out of court a free man.
Justice Vera Watkins, who presided over the matter, explained that she was no stranger to the case and that she has given her decision careful consideration.
The judge said that she was mindful of the fact that Forbes has already spent five years in prison and sentenced him to six years at Her Majesty's Prison, Fox Hill. The time spent is to be counted from his incarceration since February 10, 2003.
According to the laws of The Bahamas, eight months is considered the same as a year in prison terms, as opposed to the 12 months that make up the calendar year. With that in mind, Forbes would have already served his time and is now a free man.
Speaking to The Freeport News moments after the ruling was handed down, defence attorney Carlson Shurland said that he is almost positive that his client is more content knowing that this matter is now behind him.
"I think the sentence was quite reasonable considering the mitigating circumstances, which clearly showed that Mr. Forbes was perhaps in the wrong place at the wrong time. But I believe that the prosecution took the high road in not trying to insist on getting sentencing on the high end of the scale," Shurland said. "I think the justice was fair in her determination in balancing the rights of the victims, their families and the rights of the defendants."
Forbes, who was tried in 2006 for the 2003 murder of Ferguson, had been sentenced to 13 years. However, the Court of Appeal overturned the manslaughter conviction and ordered a retrial after his attorney appealed the conviction, ruling that the judge's direction on the issue of self defence "was wholly inadequate and erroneous."
Despite his lawyer's defence to have him vindicated of manslaughter charges in a retrial, history repeated itself for Forbes in November 2007, when a Supreme Court jury once again found him guilty of that crime.
At first, the six man, six woman jury deliberated for more than four hours before returning to the courtroom at about 4:50 p.m. undecided with a count of five to seven.
With the possibility of having a hung jury, its members were instructed to return to the deliberating room to see if they could reach a decision.
At about 5:43 p.m. they returned with a guilty vote of eight to four.
After the verdict was read Justice Watkins, who heard the case and was satisfied that the jury had done their jobs, discharged them of their duties.
Ferguson, 30, was killed on February 10, 2003 in South Bahamia while visiting his girlfriend when he was attacked by two men with an axe and suffered a wound to the right upper arm that was almost completely severed.
The victim had left his girlfriend's house in a dark blue Ford Probe car to seek medical attention, but only made it some 400 yards away when he crashed into the bushes.
Ferguson had flagged down a passing motorist from the side of the bushes after crashing and moments later collapsed to the ground. He was discovered by police in a pool of blood in the street where he bled to death.
His was the third slaying in Grand Bahama in 2003.
Defence council was assisted by Attorney Mary Bain, while Senior Prosecutor Vernal Collie appeared on behalf of The Crown.
HEADED TO COURT William Forbes heading to court yesterday for his sentencing on manslaughter charges in the death of Donahue Ferguson in 2003.
(Photo by JENNEVA RUSSELL)