A St Philip man narrowly avoided jail after finally paying outstanding compensation owed to a neighbour, five years after the court order was made.
Elvis Felix Sam was brought back before the No. 4 Supreme Court for failing to fully pay the $20 000 compensation ordered five years ago for inflicting serious bodily harm on his neighbour.
Sam, of Edgecumbe Tenantry, St Philip, was charged with wounding Ian McClean on May 17, 2011 with intent to maim, disfigure or disable him or cause serious bodily harm. He was also accused of unlawfully inflicting serious bodily harm on McClean.
A jury found him not guilty of wounding with intent but convicted him of the lesser charge.
Reappearing before Justice Laurie-Anne Smith-Bovell, he told the court that he had paid $17 800 in compensation in 2021, but admitted that he had not paid any funds since.
“I have the remaining $2 200 today ma’am. I will pay it now,” he said.
Justice Smith-Bovell told Sam: “You left the court with the order that you were supposed to pay the balance by November 2021. So you are trying to tell me that between November 2021 and today’s date in 2026, you haven’t come back to the court and paid any more money…So you could not muster $100 a month or $50?”
Offering an apology, Sam said that his father had died and he had not been working for a period of time.
Prosecutor State Counsel Paul Prescod argued: “The complainant in this matter suffered a wrong and an order was made. I can understand a year and the vicissitudes of life and the challenges that persons have. But he paid nothing between 2021 and now and we all know there is a place he can go in relation to not paying the money. The State still has to look as though it is serving justice and five years is too long and he didn’t even come back to the court to say ‘I am having problems’.”
“It is only because I feel Mr McClean needs the money Mr Sam, that is the only reason why you are not going to jail this morning,” the judge said.
The compensation was paid.
(JB)
