Venezuelan labourer freed after High Court rules time served for manslaughter

A 27-year-old Venezuelan national was freed on Friday after Justice Navindra Singh ruled that he had already served his sentence for the manslaughter of a West Coast Demerara (WCD) labourer. Nestor Luis Bolivar Martinez, a labourer of Anna Catherina/Leonora, WCD, appeared before the Demerara High Court, where he was sentenced for the manslaughter of 21-year-old Sanjay Hanoman, also of Anna Catherina. Martinez had pleaded guilty to the offence in October. The charge arose from a fatal stabbing that occurred on October 25, 2020. According to evidence presented during the proceedings, the incident occurred at about 23:30h, when an argument ensued between Martinez and Hanoman at Anna Catherina.

Eyewitnesses told investigators that during the confrontation, Martinez pulled a knife from his waist and stabbed Hanoman once in the outer left thigh. Hanoman collapsed on the spot, after which Martinez escaped by riding away on a bicycle.
Relatives of the injured man were alerted and he was rushed to the Leonora Cottage Hospital, where he succumbed to his injuries at about 01:10h on October 26, 2020. A post-mortem examination conducted on October 27, 2020, by Government Pathologist Dr Nehaul Singh determined that Hanoman died from haemorrhage and shock due to the stab wound to his left thigh.

Sentencing
In handing down sentence, Justice Singh set a starting point of 18 years’ imprisonment, noting the seriousness of the offence and the loss of life involved. The court then applied a series of deductions after considering mitigating factors advanced on behalf of the accused. One-third of the sentence was deducted for Martinez’s early guilty plea, which the court noted spared the victim’s family the emotional trauma of a full trial. A further four years were deducted based on favourable probation and prison welfare reports, while an additional two years were removed in light of Martinez’s expression of remorse and acceptance of responsibility for the killing. Justice Singh also deducted three years after finding that the deceased had contributed to the provocation that led to the fatal incident. The court found no aggravating factors in the circumstances. After all deductions were applied, Martinez’s sentence was reduced to three years’ imprisonment. However, the court noted that he has been on remand since 2020. As a result, Justice Singh ruled that the sentence had already been fully served and ordered that Martinez be released forthwith.

Probation report
A probation report prepared by Probation Officer U. John provided the court with extensive background information on the accused. According to the report, Martinez was born on July 19, 1998, in San Felix, Ciudad Guayana, Venezuela, to Millize Martinez and Ernesto Abache Bolivar. He is the fifth of six children and was raised in a nuclear household. The report stated that Martinez completed his secondary education in Venezuela and, during his adolescent years, was a member of a police youth group that focused on life skills. He also played football recreationally. After leaving school, he reportedly worked with the Venezuelan Army for approximately two years before leaving due to the deteriorating socio-economic conditions in that country. Martinez migrated to Guyana in 2018 in search of better employment opportunities. Upon arrival, he initially resided in Parika, East Bank Essequibo (EBE), with his sister and her husband, before relocating to Anna Catherina/Leonora to be closer to his workplace. He was employed at Tiyo’s Future Shop and worked six days per week. The report further revealed that Martinez is the father of two children, ages seven and eight, from separate relationships. Both children reside in Venezuela, and he reportedly provided financial support for them prior to his incarceration. Probation officers were unable to conduct a home visit, as Martinez could not provide clear directions to his rented accommodation, for which he paid a monthly rental of $15,000. Community inquiries also yielded limited information, as he was not well known in the area. Checks conducted by the Criminal Records Office of the Guyana Police Force (GPF) revealed that Martinez had no previous convictions prior to the manslaughter charge. However, prison welfare officials reported that while incarcerated, he was transferred from the Mazaruni Prison to the Camp Street Prison in 2023. During his incarceration, Martinez incurred two infractions, including involvement in a fight at his previous location and refusing to pass an item to another inmate. Despite this, prison officials described him as generally compliant with prison rules. He is not enrolled in any rehabilitation programmes.

Sanjay Hanoman
The deceased, Sanjay Hanoman, was identified as a 21-year-old labourer of Lot 28 Anna Catherina, WCD. He was the youngest of seven children and had no children of his own. Family members described him as a friendly individual who was not known to be involved in conflicts and was often seen playing cricket with friends in the community. During a visit by probation officers, Hanoman’s parents said his death has had a devastating emotional impact on the family, noting that coping has been especially difficult given the gruesome and, in their view, avoidable nature of his death.
In addressing his attitude towards the offence, Martinez accepted responsibility for Hanoman’s death, maintaining that the act was not intentional. He expressed remorse for his actions and acknowledged the pain caused to the victim’s family.