Filipino seafarer gets four and a half years for manslaughter |19 October 2020

A 43-year-old Filipino seafarer accused of stabbing to death a fellow seafarer of the same nationality in an incident that happened at sea on January 21, this year, has been sentenced to four years and six months in prison by the Supreme Court after pleading guilty to the offence.

The fatal incident onboard the Seychelles flagged vessel F/V Chun I No.326, happened on the high seas when Martin Mario Gabato stabbed his fellow seafarer 32-year-old Joemar Largo with a knife thereby causing his death.

The counsel for Mr Gabato, Olivier Chang-Leng, pleaded for leniency from the Court stating that the accused had endured constant provocation from the victim who had accused him of being a thief and due to this accusation he had asked for permission to leave the boat to avoid an escalation of the problem with the victim. However as they were on a fishing vessel in the middle of the ocean, there was no escape.

The provocation continued and the accused snapped and inflicted injuries on the victim with a knife and he died as a result of the injuries he received.

Mr Chang-Leng argued that the crime was not pre-meditated.

Manslaughter carries a maximum penalty of life imprisonment but when passing sentence judge Melchior Vidot gave due consideration to several previous cases in regards to the sentence imposed in cases of manslaughter.

He also considered the fact that the accused had pleaded guilty thus saving the Court’s precious time and also that the accused had shown remorse for the offence committed.

Time spent on remand will be removed from the sentence.

If he is not satisfied with the sentence, the accused has 30 days during which to lodge an appeal.

A fisherman all his life, the accused has no children nor spouse and his only family members are a paralysed father, a sister and two brothers. His mother has passed away and he is the breadwinner of the family.

Marie-Anne Lepathy