The stabbing of a pregnant woman, Valerie Sheran, 28, which occurred last week, made headlines as it was discovered that the woman was in month 7 of her pregnancy and was attacked, allegedly, by her ex-boyfriend and father of her unborn baby, while she reportedly was lying in bed with her current boyfriend, a 70-year-old man, and her daughter, 2.
Henry Patnett, the accused attacker and father of the unborn baby, was taken to court today and read 5 charges, including attempted murder, but was not charged for the death of the unborn baby.
It was difficult to get a definitive statement from legal professionals on the status of an unborn baby/fetus’ life in the Belizean Constitution. We asked several professionals who are part of the court system, “In regards to the laws of Belize, what is the definition of a fetus and what is the marking point that differentiates a fetus from a baby? If someone stabs a pregnant woman in her stomach and the unborn baby ends up dying as a result, can a charge of murder be brought against them, yes or no?”
For the most part, the question was met with extreme hesitation and reticence to take a definite position. The laws, we were told, are very touchy.
Chapter 101 page 83 section (4) of the Criminal Code of the Laws of Belize clearly states that, “Every person who, with intent to destroy the life of a child capable of being born alive, by any willful act causes a child to die before it has an existence independent of its mother,
“Shall be guilty of felony, to wit, of child destruction, and shall be liable on conviction thereof to imprisonment for life.”
But it is not that simple. The legal issue is muddied by the fact that, with regards to the matter of intent and transferred malice, as stated in the Smith & Hogan’s tenth edition text, Chapter 5, under “Transferred Malice,” there has to be a combination of the mens rea, “guilty mind”, and the actus reus, “guilty act.”
Amandala broke the news to Sheran today, about the capture of, and charges against, Patnett, but she expressed her discontent with the lack of a murder charge against the person who she claims caused the death of her unborn child.
“I thought that he would get charged for the murder,” said Sheran.
Press Officer Sergeant Fitzroy Yearwood explained the autopsy report of the unborn baby, and stated that, “There was not enough evidence to determine what was the actual cause of its death, if it was a result of the stab.”
Sheran told us that her relationship with Patnett began in November of 2009, and ever since the start of their relations her ex-boyfriend had shown signs of violence toward her, and that after the first stabbing incident, which took place in May of 2010, she discontinued their relationship.
“After the first stab [which occurred on May 18, 2010, about 8:16 a.m.] I didn’t have anything else with him,” Sheran said.
Sheran claimed that on the date of the first stabbing incident, Patnett came to her home uninvited and, threatened her life.
In that attack, Patnett is alleged to have then charged at Sheran with a knife and inflicted a stab wound to her chest, under the chin, on her left index finger, on the thumb and middle finger.
When charges of aggravated assault, wounding and threatening words were read to Patnett, he stated in court, “I no mean fu do ah dem thing, mein, she haul out wah hammer atta me.”
Patnett pleaded guilty to the aggravated assault charge, but not guilty to the wounding charge, and was charged $700 plus $5 court cost, in default 6 months imprisonment; for the wounding he was charged $125 plus $5 cost of court.
Sheran recollected the horrific early morning stabbing which occurred around 2:00 a.m., August 2, 2010, which resulted in the loss of her child:
“I was sleeping. I don’t know how he got in, but he got into the house and I realized he was there when he flashed the light in my face [the light from a cell phone]. When I saw the light I jumped up and when I jumped up he started to stab me.”
The first stab was to her left breast, followed by the stab to her stomach. Sheran was lying at the front of the bed along with her boyfriend, Ernesto Ireland, 70, who was at the back of the bed, and her 2-year-old daughter was in front of her on the bed.
Sheran’s 5-year-old son was in the other room with her, Sheran’s brother, who is in his twenties. “I started screaming and put up my hands and he just started stabbing me in my hands,” said Sheran.
Sheran, told us that as of today, her doctor is still uncertain if her left hand will be of any use, as it was severely damaged. Patnett is alleged to have taken a machete along with the knife, but Sheran states that she grabbed the machete from him during the attack.
Ireland was then stabbed 9 times, allegedly, by Patnett, when he (Ireland) tried to intervene in the attack of his girlfriend.
Sheran told us that during the entire incident, Patnett never uttered a word to her or Ireland, and that she had thought that her infant daughter had also been stabbed because of the amount of blood on the child, who was asleep when the incident started.
The pregnant woman, after being transported to the Karl Heusner Memorial Hospital, was listed in a critical state.
“From then until now only one police came to my bedside. Nobody no come. …all that I had to do was to go there and to call them [to hear updates on the matter and on the arrest of her alleged attacker, Patnett]
“When I go there [to the police station, Domestic Violence Unit] the lady looked at me and said that once I see him [Patnett] that I should call the police. I couldn’t go around and look for him with a big cut on my belly,” Sheran said.
On the topic of the restraining order which Sheran had taken out after the first stabbing incident in May, 2010, Press Officer Yearwood stated that, “One of the charges brought against him by the police was for the breach of the protection order.”
In an interview with the Department of Public Prosecution, Amandala was told that, “The police had come to the DPP’s office in relation to the matter and preliminary advice had been given by a Crown Counsel.
“The police were to comply with certain directives that were given. They did not return to the office and when we contacted the police were informed that certain charges had already been laid.
“We [DPP] will again be requesting the file to see whether our directives have been complied with and to determine the appropriate charges.”
Patnett was read 5 charges in Chief Magistrate Margaret McKenzie’s courtroom for (1) wounding of Ireland, (2) attempted murder of Sheran, (3) aggravated burglary of Sheran’s home and (4 & 5) 2 counts of aggravated assault for both Sheran and Ireland.
As recently as last week, Sheran told us, “He [Patnett] tell my bredda that he will kill me and then burn down the house.”