Lawyer says 30 years is punishment enough for double-killer

(CNS): Wayne Alphanso Bellafonte Jr appeared in court via video link Wednesday, before Justice Cheryl Richards for consideration of the life sentence tariff the court should pass after he was convicted of a double murder in September. Sallie Bennett Jenkins KC who represented him said 30 years was already a ‘very severe penalty’ as she argued against a longer tariff than the one set down in law. But Bellafonte was one of three men who killed Mark Andre Ebanks (36), Eldon Charles Walton (55) and injured a third man in a hail of bullets outside the Globe Bar in George Town, over three years ago.

He is, however, the only person to have been prosecuted for the murder of Ebanks, who was killed instantly, Walton, who died two weeks after the shooting, and the attempted murder of the third victim, who, has since recovered. But the court heard how that victim still lives in fear for his life because at least two men remain on the road that had tried to kill him for what he said was no reason.

Bellafonte (34) has never said who his alleged co-killers were and continues to deny being involved with the murder. It was the crown’s case at trial however, that Bellafonte was shot during what police believed was the gang related killing. Another man standing outside the bar at the time who was also armed, returned fire at Bellefonte as he and his accomplices began shooting into the crowd.

Bellafonte had claimed he was in West Bay buying and sampling ganja for his own drug business when the shooting happened in George Town and an acquaintance of his had taken his car. He claimed that as he walked along the road looking for his missing vehicle to return to his own home in North Side he was shot during the course of a robbery somewhere near the place where he had purchased the ganja.

But the jury did not buy Bellafonte’s story and found him guilty of both murders, the attempted murder and possession of an unlicensed firearm.

As a result Bellafonte, who has no previous convictions for violence or gun related offences is facing a statutory life sentence where the court determines the tariff he must serve before he can be eligible to be considered for parole, though not necessarily parolled. Despite his lack of serious previous convictions a double killing can, in the most extreme cases, command a full life order where a prisoner can never be eligible for release and is condemned to die behind bars .

But Bennet-Jenkins argued hard against a ‘whole life order’ for her client as she pointed out that it is the “measure of last resort”. Where it has been applied in the UK it is either as a result of horrific and depraved murders or where a murderer has killed more than one person in separate incidents.

The UK based lawyer who had also represented Bellafonte at trial said that given his age, his circumstances and the fact that he is in a the high risk unit at HMP Northward with barely any interaction with others or time out of the very small cell in which he is held the statutory recommended tariff would be punishment enough. She said 30 years in prison is already a ‘profound’ period of time to be incarcerated especially for a 34-year-old father, with a young child and supportive family with which he remains close.

After hearing from the lawyers Justice Cheryll Richards said she would take sometime to consider their oral and written submissions and deliver her ruling next month.