The assistant superintendent of police who was found guilty of wounding a civilian, was given just over a year to pay a quarter of a million dollars to the victim at his sentencing hearing yesterday. While paying restitution will spare ASP Everton Francis jail time, his future in the force hangs in the balance.

Francis must pay $70,000 of the $250,000 to Damien Watson, who was paralysed by his bullet, on or before the last working day in August. Failure to do so will result in a four-year prison term.

The officer, who was found guilty after a High Court trial, must then pay $45,000 by the last working day in November. A three-year sentence would be imposed if he defaults.

The balance of $135,000 must be paid in three installments of $45,000 at the end of February 2011, May 2011 and August 2011. Default on any of the installments would result in confinement.

Asked yesterday if officers would assist Francis, Chairman of the Police Welfare Association Corporal Ray John said, up to that point, he was not aware of his colleague’s fate.

He said, however, that the PWA would have to discuss the matter and that the organisation has a history of providing financial assistance to members.

But whether ASP Francis will remain a member of the force is another matter.

Commissioner of Police Thomas Bennett told The Daily OBSERVER that once an officer with rank from inspector upwards is found guilty of a criminal offence, it is the commissioner’s duty to recommend that officer’s dismissal to the Public Service Commission (PSC).

ASP Francis will remain on suspension while the PSC deliberates.

During yesterday’s court proceedings, Justice Errol Thomas who presided over the case told the accused, “All evidence of payment must be presented to the Office of the Director of Public Prosecutions.”

The judge said the offence carries a maximum of five years in jail with or without hard labour. However, he said he would use the Probation Act to guide him in deciding the form of punishment best suited.

Justice Thomas said he was “deeply concerned” by the fact that the victim is 28 years old and is paralysed “in the legs and trunk.”

“I will give you a non-custodial sentence,” he told Francis, “not because of what the community has said about you, but because of that young man, who shows intelligence and gave good evidence and can never be able to make a living the way he would have wanted to. It’ll carve out a new method for him to earn. But this doesn’t prevent him still doing otherwise.”

The judge’s latter statement referred to comments by the police officer’s lawyer, Ralph Francis, who, in asking for leniency for his client, suggested that the victim could file a civil suit to seek compensation.

“What struck me was that Mr Watson passed you and your colleague and he said good evening and you both replied and then he went under a streetlight. He did not disguise nor did he hide in a dark place; he went under a streetlight and this was about 7 pm. Notwithstanding your zeal to rid your community of criminals, your heart and conscience must have told you he is no criminal,” the judge said to the accused during the sentencing.

A social inquiry report portrayed Francis as a man deeply involved with community work, including surveillance, and as someone meticulous in executing his duties.

Residents from Jennings where Francis has lived for a long time said the officer’s vigilance made them feel safe.

Attorney John Fuller, who was a character witness, said, “The ASP is not a bad egg.”

The senior officer went on trial this month for wounding Watson with intent to do him grievous bodily harm. But on July 7, the 12-member jury found him not guilty of that charge and guilty of the lesser count of unlawful wounding. ASP Francis was placed on remand until sentencing yesterday.

The officer committed the crime on March 2, 2007 in Jennings.

Watson testified that he went to visit his ex-girlfriend in Jennings when he saw Francis, who was dressed in civilian clothes, and another man looking under the bonnet of a car.

The young man said he passed the two, exchanging salutations, before he stopped under a streetlight.

Watson said Francis approached him and asked what he was doing there.

Told that he was waiting for someone, the victim said the cop continued to probe the reason for his presence in the village. Watson said he then invited the officer to wait with him.

The paralysed man said the officer walked off and shortly after that he felt someone grab his hands from behind the lamppost, and when he turned around he saw Francis with the gun in his hand, which he discharged.