by Linda Straker
- DPP advises filing an appeal to review sentence handed down to Trevorson Roberts
- Roberts’ legal counsel was former Member of Parliament in the Upper House, Nigel Stewart
- Magistrate sentenced Roberts to pay the state EC$1,500 and EC$600 to the victim
The Office of the Director of Public Prosecution has advised the Acting Commissioner of Police Edvin Martin to file an appeal to the OECS Court of Appeal to review the sentence handed down to Trevorson Roberts after he pleaded guilty to indecent assault of a minor.
The five-year-old was sexually molested.
The matter was heard in the Grenville Magistrate Court on Wednesday and after Roberts who is an elder in his church pleaded guilty, the magistrate sentenced him to pay the state EC$1,500 and EC$600 to the victim. Roberts’ legal counsel in court was former Member of Parliament in the Upper House Nigel Stewart. He is the husband of Kindra Maturine-Stewart, the current Minister for Legal Affairs.
Child Rights advocates and others are expressing shock and disbelief over the sentence because of the growing number of child sexual abuse matters that are currently before the court and under investigations.
Christopher Nelson, who is the DPP confirmed on Friday that he has instructed the Commissioner of Police to file for an appeal because of the number of questions that are coming up surrounding that sentence that was delivered by Magistrate Nevlyn John.
“We are seeking a review of the sentence and its appropriateness to the offence,” said Nelson who explained that indecent assault as a criminal matter is not covered in the new sentencing guidelines developed by the OECS Court.
The new guidelines were recently gazetted and came into effect as of 1 October 2019.
The Commissioner of Police is the person’s name in whom the appeal must be filed, because all criminal matters are normally the Commissioner of Police vs the Defendant.
According to the Criminal Code, a person who indecently assaults another person commits an offence and is liable on summary conviction to a term of imprisonment not exceeding five years. If the matter is heard as an indictable offence the maximum term of imprisonment should exceed ten years.
Pursuant to the Criminal Code, thé offence of indecent exposure carries a maximum penalty of five year’s imprisonment. Therefore, thé sentence imposed is inadequate with regards to the circumstances of the case and present legislation.
Appealing the sentence is first step but I’m puzzled why this incident was not an indictable offence. Plus, why the sitting member of parliament, spouse didn’t excused himself from the case citing conflict of interest.
Finally, I think that deal making in sexual assault cases/rape should be stopped.
The DPP can take over or stop any criminal matter in the state why don’t he do it in that case than asking the COP to appeal?