Fubler sentenced to ten years for golf caddy beating death
Paco Fubler was jailed for ten years yesterday for his part in the savage killing of an "innocent, defenceless'' man six years ago.
And it was revealed in Supreme Court that Police are continuing their investigations into two other men, Damion Smith and Michael Robinson, who were also named in connection with the May, 1994, killing of golf caddy Brian Sherlock.
Smith is now serving a 12-year jail sentence for the manslaughter of another man, Reginald Wilson, who was beaten to death with a baseball bat and machete two months before Mr. Sherlock was killed.
Assistant Justice Charles-Etta Simmons sentenced Fubler, who pleaded guilty to manslaughter but denied murder, to ten years in prison followed by three years of Police supervision.
Fubler sentenced to ten years in prison It was a tougher sentence than the "high single digit'' jail term requested by Crown counsel Patrick Doherty.
Mrs. Justice Simmons said, although Fubler was now expressing remorse, the fact that he did not help Police bring Mr. Sherlock's other alleged killers before the courts showed he did not have true contrition. In a Police statement, Fubler said he, Smith and Mr. Richardson beat Mr. Sherlock to death when they spotted him sleeping in the Dundonald Street car park in Hamilton in the early hours of May 20, 1994.
Fubler, 26, said after the trio had been drinking in bars in Court Street and taking cocaine, Smith said: "Let's go, we're going to kill someone.'' Fubler, of Sunset View Road, Pembroke, told Police that when they spotted Mr.
Sherlock, a caddy at the Mid Ocean Club, sleeping, Smith said: "There's our first victim.'' Smith, he claimed, gave them sticks and they attacked Mr. Sherlock, who received severe blows to his head, six stab wounds and two slash marks across his throat.
Fubler claimed he only hit Mr. Sherlock around the legs, although the autopsy report did not support this. But he said he gave a knife to Mr. Richardson, which was used to stab Mr. Sherlock.
Mr. Doherty said: "The defendant stated that he did not wish to participate, but did so out of his fear of Damion Smith.
"The defendant admits hitting the deceased about 12 times. Fubler's admissions came in a series of statements to Police in October, 1994, after he first denied all knowledge of the killing.
No explanation was given as to why Fubler was not arrested and charged until last year despite confessing in 1994.
Smith was also charged with murdering Mr. Sherlock last year but was discharged at Magistrates' Court during the preliminary inquiry stage.
Mr. Doherty stated: "At present, the Police investigation into Michael Robinson and Damion Smith for the murder of Brian Sherlock continues.'' Mrs. Justice Simmons told Fubler: "You participated in an unprovoked and violent offence against an innocent, defenceless man leading to great suffering and death.
"You have shown by your own statement to Police that you knew what you were doing was wrong. You could have discouraged the others, although I accept the great fear (you felt), but you provided one of the perpetrators with a knife.
"You have shown you are easily led by evil influences. The sad part is that you did not assist the Police in bringing other perpetrators before the court, which to any reasonable mind makes you have no contrition.
"I take into account the lifestyle you have led, your age when you committed the offence and the fact that you gave Police a statement. I take into account what your character witnesses have said and I can only hope you continue your efforts, but I have a duty to discourage others from what is becoming a prevalent type of offence in our society and I have a duty to punish you.'' Earlier, two members of the Somerset Seventh Day Adventist Church said they had visited Fubler in Westgate and testified he had become a changed person.
Fubler's lawyer Mark Telemaque said his client had shown genuine remorse and was only 19 at the time.
He added: "The defendant played what has to be viewed as a lesser role.'' Fubler told the court: "I would like to apologise for my part and say I am sorry. I know I haven't been good and its unfortunate on my behalf when I was growing up I didn't think for myself, but now I've learned to lean on my own strength and by God's grace I've made a change in my life.'' After the sentencing, Mr. Sherlock's aunt Grace Bell told The Royal Gazette : "The judge did the best she could and spoke about his so-called contrition and the family feel he is not really contrite. If he was really contrite he would have spoken to the Police over the years and been a star witness against the other perpetrators.
