George “Pete” Matthews, Jr., who was found guilty of common assault upon his 28-year-old ex-common-law wife through unlawful imprisonment, was spared a custodial sentence today when Justice Adolph Lucas fined him $1,000 and bound him over to keep the peace for one year. The son of one of Belize’s most famous musicians was fined 1,000, with one surety for the same amount.
Justice Lucas gave Matthews until January 31, 2008, to pay the fine. If he defaults on payment he will serve one year. The maximum sentence for common assault is 2 years.
Before he decided on what sentence he should give, Justice Lucas heard pleas for mitigation from Matthews’ attorney, Leo Bradley, Jr.; Mrs. Jean Baizar, Matthews’ eldest sister, and Denise Lynch, a schoolteacher who is Matthews’ neighbor.
Lynch described Matthews as a quiet and helpful person and she asked the court for leniency for him.
Bradley said Matthews has expressed remorse for what he did. He also told the court that he spoke to Mrs. Baizar and she told him that her brother was affected mentally by the death of his father, saxophonist George “Pete” Matthews, Sr., who died while Junior was in his mother’s womb.
Matthews, Sr., who was a police officer, was shot and killed during the 1981 Heads of Agreement uprising while he was at the Queen Street Police Station. A fellow officer claimed that his service revolver fell and accidentally discharged.
Bradley asked Justice Lucas for leniency for his client and to fine Matthews instead of sending him to prison.
Mrs. Baizar testified and confirmed that her brother had received treatment from Dr. Lopez, a psychiatrist, and that while he was being treated his condition improved. She said that Matthews stopped getting treatment about two years ago.
She also said that Matthews’ girlfriend is three months pregnant and she asked for leniency for her brother.
The incident in question occurred during the day on July 6, 2005. Matthews’ common-law wife testified that Matthews came in a taxi to where she was in Ladyville. When she saw him she ran through the back door of the house and to some bushes, but he pursued her and caught her before she reached the bushes.
She testified that Matthews held her in such a way that she could not get out of his grasp and forced her into the waiting taxi. He kept her held in the same position while they were driven to Belize City and his house in Junesville, Lake Independence, she said.
During the journey she cried and pleaded with Pete to let her go, she testified. Even the taxi driver, Patrick “Irie” Bryan, begged Pete to let her go and he refused, she said.
When they arrived at his house, Pete asked her about a “hickey” (a bite mark) on her neck. He accused her of having a man, she testified.
She had alleged that Matthews raped her, sodomized her and threatened to kill her. As a result, Matthews was charged with rape, an unnatural crime and threat of death. But those charges were withdrawn by the prosecution, represented by Crown Counsel Tracy Sosa and Nadine Palacio, when the trial began.
The victim afterwards did not want to testify in relation to the charges.
Only the charge of kidnapping remained and it was reduced to common assault by unlawful imprisonment after Bradley submitted that Matthews did not have a case to answer. Justice Lucas ruled that Matthews did not have a case to answer for kidnapping, but he did have one for common assault. In his summation, Justice Lucas directed the jury to return a verdict of not guilty of kidnapping.
Matthews had three options. He could testify, give a statement from the dock or remain silent. He chose to remain silent.
Defence counsel Bradley called one witness, Bryan, who testified that Matthews did not force his ex-common-law wife into his taxi, and that Matthews did not use force to keep her in the car. Bryan’s testimony contradicted a statement he had given to the police. He said that the police threatened to charge him with kidnapping, and that was why he lied in the statement.
The jury of 4 women and 5 men deliberated for about 4 hours before it arrived at its verdict, which was in the proportion of 8 to 1.
About five years ago Matthews was convicted of the murder of Denver Hamilton. But he appealed and the Belize Court of Appeal ordered a retrial. He was acquitted at the retrial.
Marlon Budd was the chief witness for the prosecution at the first trial but he was shot and killed before he could testify at the second trial.