Manslayer Colin Marlon Franklyn will have to live with causing the death of his friend for the rest of his life.
So said Justice Randall Worrell as he imposed a five-year starting sentence but later suspended what remained after deductions.
Franklyn, of Sion Hill Tenantry, St James, had pleaded guilty to unlawfully killing former postman Anderson “Andy Bork” Watson, 59, of Sion Hill Tenantry Road, St James, between May 25 and 26, 2017.
He was represented by attorney Lesley Cargill-Straker, while Principal State Counsel Oliver Thomas prosecuted.
Yesterday, Justice Worrell agreed with both attorneys, saying that even though the matter had reached the threshold for a custodial sentence, he did not believe “it would serve any useful purpose in sending you to prison”.
The judge noted Franklyn had been gainfully employed for the past 27 years and that the mitigating factors “clearly outweighed” the aggravating factors.
He said there had been no intention to kill, no weapon was used and it was Franklyn’s first offence. In addition, the pre-sentencing report had deemed Franklyn posed a low risk of re-offending.
“As a result of your actions, your partner is no longer with us. That is something you will have to live with for the rest of your life,” Justice Worrell said.
He told Franklyn he had determined that five years was an appropriate starting point. He deducted two years for the mitigating features and one-third for the guilty plea.
“The court is of the opinion it would be counter-productive to send you to prison. So it is going to suspend that sentence of two years,” the judge said.
He then imposed the two-year sentence but suspended it for two years.
“So just stay home. Just go to work. Work and home,” he told Franklyn, who promised he would do his drinking at home from now on.
Prosecutor Thomas, who outlined the facts, said Franklyn and Watson were accustomed to drinking large amounts of alcohol at shops in Sion Hill and engaging in “cruel banter” with each other.
On May 25, 2017, they were at Sonia Cadogan’s shop. They were drinking and at some point they had an argument. Franklyn threw some rum in Watson’s face. Watson tried to grab hold of Franklyn but Franklyn pushed him in the chest causing Watson to fall backwards.
Watson landed on his back and struck the back of his head in the process.
Watson got up and walked home. His sister noticed he was stumbling as he walked. He attempted to climb some steps but fell, landing on his buttocks and made contact with a parked car in the process.
He, however, got up and went inside without any further incident.
The following day, Watson’s condition worsened and he was taken to the Queen Elizabeth Hospital, where he later died.
Franklyn was taken into custody on June 3, 2017, and dictated a statement.
In it, he said he was defending himself from Watson who tried to grab hold of him.
When told of Watson’s death, Franklyn said: “I don’t believe my li’l push kill ‘Andy Bork’, ’cause just a li’l push off of me. ‘Andy Bork’ step back. Four steps can’t get that do.”
He further told police he had pushed off Watson using his fingers.
“The palm of my hand did not touch him,” he said.
A post mortem determined that Watson died as a result of a head injury, secondary to blunt trauma.
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