A man who tied up a 92-year-old man and threw him in a tank of water has been ordered by the Court of Appeal to serve his prison sentence for attempted murder.

Isaac Alfred, labourer of a Kingston address, had appealed against his conviction and sentence but his appeal was dismissed.

He was ordered by the court to serve his sentence of life imprisonment with a specification that he must not be eligible for parole before serving 15 years.

The Court of Appeal, comprising its president Justice Seymour Panton, Justice Mahadev Dukharan and Justice Hilary Phillips said it was a "serious unwarranted attack on a senior citizen".

Alfred was convicted in the Westmoreland Circuit Court in February 2007 of attempting to murder 92-year-old businessman William Hogg, who had employed him on his farm in Westmoreland.

Thrown into water tank

Hogg had testified at the trial before Justice Marjorie Cole Smith and the jury that, on October 30, 2004, Alfred entered his house and threatened him with death. Alfred wounded him, tied his hands together and threw him into a water tank. He managed to help himself to the top of the tank and was later rescued by Calon Jackson, a builder. Hogg was taken to the Savanna-la-mar hospital in Westmoreland for treatment and was subsequently treated abroad. He received wounds to his head and other injuries to his neck and other parts of his body. He said Alfred used to work for him on his farm.

Alfred, in his defence, said he lived in Portland and was not in Westmoreland on the date of the incident. He admitted he and Hogg were involved a court matter at the time of the incident but he denied wounding Hogg and throwing him into the tank.

Alfred, who was represented by attorney-at-law Herwin Smart, appealed on the grounds that no evidence was given at the trial as to the opportunity Hogg had of seeing his attacker because there was no evidence that the area was well lit.

The Court of Appeal upheld submissions from Director of Public Prosecutions Paula Llewellyn and Crown Counsel Tracey-Ann Johnson that the jury had sufficient credible evidence on which to convict Alfred and they were properly directed by the judge.

barbara.gayle@gleanerjm.com