ITâS disturbing, to say the least, that under Bermuda law, no action can be taken against the mugger whose actions led to the death this week of Mrs. Josie Ray.Director of Public Prosecutions Vinette Graham-Allen has said correctly that, according to Bermuda law, proceedings could not go forward against Tyrone Brangman, who pleaded guilty to robbery and causing grievous bodily harm to the 78-year-old woman.
Mrs. Ray, we recall, lay in a coma for 19 months following being attacked as she collected mail at the Southampton Post office.
As it turned out Brangman received only a hand slap, if that ÷ a probationary sentence. Acting Justice Charles-Etta Simmons passed down the sentence after Mrs. Rayâs husband, William Ray, said he felt ãno bitterness or hatred to the defendant.ä Mr. Ray also noted that Brangman left home at 13; thus, it appeared that the quality of his home was questionable.
Mrs. Rayâs death makes me return to the shock that I felt when I first heard of Brangmanâs sentencing.
Frankly, it is not Mr. Rayâs decision. While his statement could come with the most noble of intentions, I hope that if the day comes that you or I are attacked (and we hope against that), that the person who committed the deed would receive his or her just desserts. Without order there is chaos.
If something happens to you or me, under any circumstances, I believe that the matter is an issue of law, not feelings of the spouse, or anyone else.
Whether Brangman came from poverty or wealth, he is still 100 percent responsible for his behaviours. What a confusing message his sentencing gives to our youth and some of our adults. Oh? Your life is bad? Then itâs just an ãoops!ä
Moreover, Mrs. Graham-Allen is entirely correct in her interpretation of the law because death occurred beyond 12 months and a day.
That law, according to Lionel Grundy (whose examination of the Bermuda Police Service in the early Î90s, led to massive reorganization of personnel and policies, with significant decrease in crime during the immediate period thereafter), is based on outdated English common law.
England, he said, had long ago updated its regulations. ãThirty years, or more, is not too late,ä Grundy told me by telephone.
Meanwhile, we still have the issue of mixed fact and law versus law alone that led to the Privy Councilâs reversing the Court of Appeals ruling in the death of Rebecca Middleton.
Attorney General Larry Mussenden has told the Bermuda Sun that he recommends this law be changed. Has there been action?
Only until the community shows that it cares about its victims, whether it be Mrs. Josie Ray, Miss Rebecca Middleton, or your friends, family or yourselves, will things catch up in legal time. I hope that none of us ever have to deal with such events. But the reality is that we have no assurances.
We, and only we, are one hundred responsible for our own behaviours and for participating meaningfully in the social and legal contracts of a community.
>Carol Shuman, Ph.D., Bermuda-based psychologist and published author, can be reached at drcshuman@datkin.net.