The Tribune

By LEANDRA ROLLE

Tribune Chief Reporter

lrolle@tribunemedia.net

PUBLIC Prosecutions Director Cordell Frazier defended her department’s sentencing recommendation in a controversial child molestation case, stressing that prosecutors are bound by the law and legal principles, which require them to consider sentencing guidelines, a mandatory one-third reduction for early guilty pleas, and a defendant’s lack of prior convictions when making recommendations to the court.

Her comments to The Tribune followed public backlash from activists and religious leaders who said the five-year prison sentence given to a father who had molested his twin four-year-old daughters was too lenient.

Prime Minister Philip Davis also said he believed the offence warranted a life sentence, though National Security Minister Wayne Munroe told reporters that Mr Davis mistakenly believed the case was about incest when he commented publicly on the issue.

Under the Sexual Offences Act, a person convicted of indecent assault faces a maximum of eight years if tried on information and three years if tried summarily.

While the man’s defence attorney had recommended a four-year sentence — an outcome with which the prosecution agreed — the judge ultimately rejected the suggestion and imposed a five-year term.

Despite the slightly harsher penalty, advocacy groups widely condemned the sentence, arguing it sent the wrong message about the gravity of such crimes.

House Chaplain Bishop Valentino Williams echoed these criticism asserting that the convict should have received harsher punishment.

Ms Frazier acknowledged that the convict’s actions were “heinous and a total breach of trust”.

 She said defendants who plead guilty early are entitled to a one-third reduction in sentencing under the law.

 She also cited other mitigating factors, including the convict’s lack of prior criminal history and his expression of remorse.

 “We,” she said, “treat every sexual assault case with due urgency and seriousness; hence, one would note that this matter was expedited. The events of this case occurred in July 2024. We recommended four years in accordance with established legal precedents, but ultimately, the court has the authority to impose a higher sentence.”

 She added that the prosecution’s recommendation was based on the Court of Appeal’s ruling in the incest and indecent assault case of Steve Bain, when a three-year sentence was upheld after trial.

 “We renew our commitment to upholding the rule of law and defending victims of all crimes, especially those against children,” she said.

 She also explained why the father was not charged with incest, noting that penetration did not occur.

 “The characterisation of the offence as molestation can reasonably lead to the inference that sexual intercourse occurred. That did not happen,” she said.