German to serve 15 years for manslaughter

ALEXANDER VON Starck, the 32-year-old German national whose caution statement to the police suggested that he was under the influence of cocaine when he killed a 22-year-old Jamaican woman in his hotel room four years ago, has been sentenced by the Court of Appeal to 15 years for manslaughter.

Von Starck was convicted of non-capital murder but he appealed to the United Kingdom Privy Council after his appeal was dismissed. The Privy Council allowed his appeal in March this year and substituted a manslaughter conviction because of his statement to the police which pointed strongly to the conclusion that when he killed Michelle Kearnell, he was "under the influence of cocaine and lacked the mens rea required for murder". The Privy Council said that the offence of manslaughter should have been left to the jury. The Privy Council remitted Von Starck's case to the Court of Appeal for sentencing.

When the case came before the Court of Appeal yesterday, Lord Gifford, Q.C. who represented Von Starck, asked the court to impose a sentence of between six to eight years. He said a lengthy sentence should not be given against one who did not mean to commit an offence. He said Von Starck said he had used the cocaine as an aphrodisiac. He also pointed out that Von Starck had so far spent four years and 10 months in custody.

The Court of Appeal comprising Mr. Justice Henderson Downer, Mr. Justice Paul Harrison and Mr. Justice Seymour Panton heard the appeal and ordered that Von Starck must serve 15 years. Mr. Justice Panton in handing down the sentence of the court, described the circumstances of the killing as "outrageous and horrible".

Von Starck was convicted in October 1996 of Kearnell's murder which was committed in his hotel room in 1995 while he was holidaying in Montego Bay. The body had several broken ribs and one breast was nearly severed. There was also a high level of cocaine in Kearnell's blood. Von Starck had said in his defence that he woke up to find Kearnell dead and he did not know anything about the murder. He told the police when he was arrested and in his caution statement that he was under the influence of cocaine and did not know what had happened.

He was convicted of non-capital murder and was sentenced to life imprisonment. The judge had recommended that he should serve 20 years before he was eligible for parole.

Vinette Graham, acting Deputy Director of Public Prosecutions and Gail Walters, Crown Counsel, appeared for the Crown at the sentencing yesterday.

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