Judges to rule on mother’s appeal against 98 years sentence for killing her two children

The Court of Appeal on Monday reserved its decision in the appeal filed by 30-year-old Hosfosuwa Rutherford, who is currently serving a 98-year prison sentence for the offence of manslaughter over the deaths of her two children, who she both poisoned.

On Monday, a three-Judge bench, headed by acting Chancellor of the Judiciary Justice Yonette Cummings-Edwards, and comprising Justices of Appeal Dawn Gregory-Barnes and Rishi Persaud, heard arguments by counsel for the defence and prosecution.

Rutherford was represented by Attorney-at-Law Dexter Smartt while Assistant Director of Public Prosecutions (ADPP) Teshana Lake presented the State’s case.

The meaning of reserve judgment means that the Judges will take some time – days, weeks, or even months – to consider the matter before issuing the judgment.

A decision in this case is likely by the end of this year.

Jabari Cadogan

Following a trial before Justice Navindra Singh at the Demerara High Court in 2018, Rutherford was found guilty on two counts of manslaughter for the killing of her four-year-old daughter Hodaciea Cadogan and her one-year-old son Jabari Cadogan Jr.

Hodaciea Cadogan

For the killing of Hodascia Cadogan, she was sentenced to 45 years in jail; while for the killing of Jabari, she was ordered to serve 53 years in prison. The prison terms were ordered to be served consecutively, meaning that her cumulative sentence is 98 years.

The two children died on March 27, 2014, moments after Rutherford administered carbon tablets—a pesticide commonly used for killing rats—to them.

She had claimed that she thought that she had given them cold medication. Rutherford was herself hospitalised for some time after drinking the tablets also.

Meanwhile, Justice Singh had questioned why the woman was indicted for the lesser count of manslaughter, since according to him, the evidence clearly pointed to murder.