State appeals Machel’s sentence (with CNC3 video)

State appeals Montano's case

Fourteen days after soca star Machel Montano and songwriter/producer Kernal Roberts were fined $26,700 over six assault charges, the prosecution has appealed the sentence. The T&T Guardian yesterday confirmed the appeal was filed on Monday at the Port-of-Spain Magistrates Court. Although the State may not appeal on the basis that a sentence was too lenient, officials said the appeal was based on “the refusal of the magistrate to order a more severe sentence.”

On February 25, magistrate Maureen Baboolal-Gafoor fined Montano $13,700, and ordered him to pay $13,500 in compensation to Russell Pollonais, Brandis Brown, Janelle Lee Chee and Gerard Bowrin. Montano, 37, was found guilty of five offences arising out of a fracas outside the Zen nightclub on April 26, 2007, including four counts of assault and using obscene language. He was later reprimanded and discharged for the offence of using obscene language.

Roberts, 31, was charged with two counts of assault resulting from the same incident. He was fined $13,000 and ordered to pay compensation of $11,000 to Brown and Pollonais. The matter will come up for hearing before the Court of Appeal at a later date.

Contacted yesterday, Montano’s attorney Dana Seetahal, SC, and Roberts’ attorney, Keith Scotland, both expressed surprise an appeal had been filed. They declined to comment further. Although calls to Montano’s cellphone went unanswered yesterday, his mother, Liz, was unable to comment as she was said to be at an appointment.