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Mar 19, 2009 04:21 PM
Bob Mitchell
Staff Reporter

A Brampton man today apologized for taking the life of a baby under his care and left his punishment in the hands of the court.

Garfield Anthony Sibblies, 40, said he will spend his life "making amends" but there are "no words" to explain his remorse for the "the life" he took.

"I do regret what happened," he told Justice Bruce Durno in a Brampton courtroom.

Durno will decide Monday morning whether Sibblies should remain incarcerated or whetgher he has already served enough time for inflicting 38 injuries that led to the death of a baby named Elijah on March 22, 2006.

Elijah, was just days short of his first birthday when he died.

He was the son of a woman Sibblies married for immigration purposes. He gave the child his last name for the same reasons, court heard.

At the time of his death, Sibblies acted in a parental role, but had no emotional detachment to the boy or his mother as he was in a relationship with another woman.

Sibblies has already spent a equivalent of six years in custody based on the usual 2-for-1 credit for time served awaiting trial or sentencing.

He pleaded guilty last Nov. 28, 2008 to manslaughter in the death of the infant.

He denied ever beating him before the day of his death. He admitted disciplining him by pinching and slapping, and later shook him.

He was initially charged with second-degree murder.

His guilty plea to manslaughter means he never intended to kill the child. But agreed he was responsible for causing the many injuries discovered during the post mortem examination.

Elijah had 38 injuries, including bruising and cuts inside his mouth. There was also evidence of brain damage caused by shaking.

But a coroner's examination failed to determine a specific cause of death. It was determined the child died from his inflicted injuries - with craniocerebal trauma - not because of being shakened.

In essence, there was insufficient swelling of the brain from being shaken to directly cause his death but the shaking was a factor in his death, court heard.

Abrasions to his nose and inside and outside of his mouth, including a laceration inside his mouth were found during his autopsy.

There were also abrasions in and around both ears and hemorrhages behind each ear.

He had multiple bruises to his face, scalp and torso.

Peel Crown prosecutor John Kingdon is seeking a six to nine year prison sentence minus time served.

The child's mother is now living in Great Britain but Kingdon said her victim impact statement clearly showed her "cry of pain" from the loss of her son.

"No one can reasonably hold the belief that physical discipline is of any value for a child of his age," Kingdon said.

Defence lawyer Adam Bernstein suggested his client remains a non-violent person who has already served enough time. He's asked for his immediate release under his sister's care.

Bernstein also recognized the devastation of the loss.

"This was a gross breach of trust with tragic results," Bernstein told the court. "A beautiful baby boy was robbed of his life and his mother was robbed of her son."

But Bernstein noted his client was considered a low-risk to re-offend and didn't suffer from any mental illness.

When he pleaded guilty, court never was given a specific explanation as to how the injuries occurred.

But his pre-sentence report, filed today, shed some light.

In the report, Sibblies denied ever beating the child but admitted he disciplined him with pinching. He thought pinching was far less punishment than the harsher brand he received as a young child growing up in Jamaica and later in the United States.

On the day the child died, he admitted being frustrated with his life situation and that he lost his temper with the child because he was having trouble getting him to eat and the child wouldn't sit still.

He shouted at him and slapped him on the side of his head. He admitted later shaking him vigorously when he fell behind him while he (Sibblies) was getting dressed.

He panicked and the child became unconscious when he shook him, court heard.

On the day when the significant injuries occurred, Sibblies admitted he was angry with his life and took his frustration out on an innocent child.

He told a psychiatrist he could never forgive himself for what he did.

It's agreed the significant injuries occurred the day the child became unconscious and there was no long-term physical abuse.

Sibblies is the father of three children, two daughters, 18 and 19, in the U.S. with one woman and a 10-year-old son in Canada from another relationship.

him lucky him neva neva get more time, but now him haffi live with that guilt for the rest of his life

jah know ...set a way...