Machel free for Carnival; magistrate sets sentencing date for Feb. 25

Machel Montano

A Port of Spain magistrate on Thursday postponed to February 25 the sentencing hearing for soca super star Machel Montano and his colleague, Kernal Roberts.

The men have been found guilty on four counts of assault and using obscene language. In addition Roberts, 31, was found guilty on two counts of assault resulting from an incident outside a Port of Spain night club in 2008.

When the matter came up Thursday Prosecutor George Busby told Magistrate Maureen Baboolal-Gafoor that the Director of Public Prosecution had rejected an application by the defence for community service. 

Busby said Roger Gaspard told him that after reviewing the Community Service Order, he determined that the option was not available to the men.

However defence attorney Dana Seetahal offered several authorities to show that there is no offence known as "aggravated assault" and it would be a travesty of justice to deny Montano and Roberts the opportunity to perform community service. She said people who have been convicted of more serious crimes have had an opportunity to serve their sentences through such service.

When the men appeared in court on December 10, 2012, the magistrate ordered probation reports and an assessment on the suitability of Montano and Roberts to perform community service. 

The court heard that both men failed to present themselves for assessment. Their attorneys explained that no one had told the men about the initial court order after which the magistrate told them to contact the probation officer's department.

The magistrate would consider several testimonials on behalf of the two men as well as reports from probation officers before making a decision in February.