Man jailed for motor engine theft

courtDespite a passionate mitigation plea by lawyer, Joshua Francis, repeat offender, 21-year-old Al Toussaint of Mahaut, was sentenced to six months behind bars by magistrate Arley Gill.

Toussaint and Mitchel Bernard Phillip of Newtown were arrested by the police on March 12, 2014 for stealing a Yamaha 75-horse powered outboard motor in Mahaut.

It belonged to Johnathan Alexander.

They both admitted to the crime when interviewed by the police.

Reports are the engine was stolen in Mahaut, brought to Donkey Beach in Canefield and then transported to Pointe Michel for sale by the two.

Toussaint has a track record and is very well known to the court and police while Phillip is a first time offender.

“They have not wasted the court’s time, they have fully co-operated… and are sorry and remorseful for their actions,” Francis told the court in mitigation when the two appeared in court on Monday.

Toussaint, he explained, is an orphan since both his parents died while he was very young.

He implored the court to impose a “none custodial sentence” on the men.

“Give him (Toussaint) that one more chance, Your Honour,” Francis remarked.

In response, Magistrate Gill stated that the stealing of someone’s livelihood is a very serious offense.

He also applauded the work of the police in the investigation of that matter.

“The police needs to be applauded for their efforts in investigating that matter and their prompt and swift arrest,” the Magistrate said.

The court also heard from Alexander, engine owner, who said that Toussaint worked with him as a fisherman and he knew about his boat.

“I tried to help him, he is working for me and stealing from me,” Alexander told the court.

For his part Toussaint, he said, has been given several chances and he needs to take hold of his life.

Meantime, Phillip told the court he got involved in the matter because he was “in a little situation and needed some cash.”

He was fined $1,000 to be paid in two months or in default he would be sent to jail for one month.

He was also given a six months sentence which was suspended for two years.

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  1. Labour
    March 19, 2014

    Well Mr Francis I see u begging for a second chance for a thief. De so called thief they say the running de country there we going to give him another chance at the next general elections. I’m happy to know that you believe in fogivenes and second, third and fourth chances. Lol labour all de way

  2. Simply the Truth
    March 18, 2014

    If that Toussaint guy and his accomplice do not receive rehabilitation, they will go from bad to worst. It would be sad for young people.

  3. Anonymous
    March 18, 2014


  4. ArAb
    March 18, 2014

    It saddens me when so many that i told if they don’t change that they will end up doing things to end up in jail. Al you were one who choose to ignore. You are still young so i hope something changes you in time.

  5. Anonymous
    March 18, 2014

    prison alone that magistrate sending people man.

  6. Looking in
    March 18, 2014

    Donkey Beach seems to be appearing in the news quite frequently lately. Is Donkey Beach the new venue for crime now? Joshua I understand your role as an attorney and that you have to defend your client but this man according to the news article have a track record and is what I would call, a “repeated offender” and/or regular visitor to the court and police. Also, he stole from his own boss (the hand that feed him), so how can you say he has not wasted the court’s time and have fully cooperated? Is that an excuse these days for leniency in the courts of Dominica? I am sick and tired of hearing that sentiments or statement being echoed and argued before our Judges and Magistrate in courts in every case, because that is nonsense. What do you attorneys mean by an alleged and later confessed and convicted criminal has not wasted the court time?

    Is this the new thing going around as a defense through the judicial system in Dominica? I agreed with Magistrate Arley Gill give that Toussaint guy some punitive and penal sentence.

    • Simply the Truth
      March 18, 2014

      Sometime ago I wrote about that and objected to it. Someone replied that it is in the Law/ Constitution: ‘They did not waste the Court’s time.” I found those words strange. These words should be struck out of it, buried, and never to surface and used again.
      They are wasting the Court’s time by offending and continuing to re-offend. Time is money. It also costs the government money to defend them which is paid for by taxpayers.

  7. anonymous2
    March 18, 2014

    For every 1 theft in which they catch the thief, there are 100 thefts where the thieves haven’t been caught.

  8. Educator
    March 18, 2014

    I can’t blame the lawyer for advocating on his client’s behalf, but it is a bit of a stretch to ask for clemency given the circumstances of this case.

    This young man has neither a conscience nor any sense of gratitude.

    My grandmother drilled into us a a very young age that God hates an ingrate.

    Meself, despite what wrong someone may do me, I never forget the good things they did for me.

    You don’t hurt people who try to help you.

  9. Ras
    March 18, 2014

    More Agriculture..No Poverty

  10. Anonymous
    March 18, 2014

    More Positive Agriculture… :mrgreen: No Poverty

  11. T-Ya
    March 18, 2014

    Sorry to read the offense of the young men.

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