The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

A JUDGE honoured a plea agreement between the prosecution and a former Scotia Bank loans officer who admitted his involvement in the theft of $1.3 million, sentencing him to a year at Her Majesty’s Prison yesterday.

Despite a request from case lead prosecutor, Ambrose Armbrister, who claimed the convict did not fulfil his part of the bargain with regard to the case against his two co-accused, Justice Indra Charles said “justice” would be seen in a negative light is the Crown’s request was granted.

“In all the circumstances, I am bound by the plea agreement,” the judge said before sentencing Byron Roberts to 12 months in prison on the five counts of stealing by reason of service he was convicted of.

The sentences are to run concurrently, as per the agreement made between Roberts and the Crown.

The judge added that if Roberts failed to pay restitution of $13,500 to the bank by March 15, he would receive an additional year in prison.

Roberts was charged along with Natasha Evans and Tremell Taylor with stealing by reason of employment from the bank’s Andros branch between April and June 2008.

At the time, Roberts was a loans officer while Taylor was a teller and Evans was the assistant branch manager.

All three denied the charge when they were arraigned in the lower court, before the matter was forwarded to the Supreme Court for trial.

The trial started on February 11 and on Monday, February 18, Roberts changed his plea to guilty.

On Friday, February 22, Justice Charles said she wished to defer sentencing to the next week after the trial was completed.

She also told Roberts’ attorney Jeffrey Lloyd that she wanted to give him more time to prepare his plea in mitigation.

The judge said that whatever sentence is imposed Roberts will begin from the date of his remand, February 22.

In the February 27 proceedings, Mr Lloyd made his plea in mitigation and expressed that the single parent of three children was “deeply remorseful” for the crimes he committed and his “egregious” breach of the public’s trust.

Mr Lloyd further said that his client has offered to assist Scotia Bank with getting back the money lost because of his actions.

He said this was his client’s first brush with the law and prior to his conviction, he was a pillar of the community and an exemplary worker at the bank, where he was being considered for a managerial position.

Mr Lloyd asked the court to note the plea agreement made on February 18, under which no sentence greater than 12 months would be imposed on his client for the five counts of stealing by reason of employment he faced.

He added that as per the agreement, the sentences were to run concurrently.
Mr Armbrister, in response to the submission on the plea agreement, argued that Roberts did not fulfil its requirements.

The judge interrupted him and noted that he didn’t check the statement from Roberts beforehand to see if his knowledge was of any use to the prosecution’s case before signing the document.

“Should you not have put that in writing?” the judge asked, adding that Roberts “is expecting the court of law not to deviate from a plea agreement”.

Mr Armbrister said that the Crown signed the plea agreement in “good faith” based on the requirements agreed to in a chamber hearing with Roberts and Mr Lloyd.

The prosecutor noted that the law provides for the judge to use her discretion in such circumstances.

However, Justice Charles told the prosecutor that the Crown “took away the powers of the court with that plea agreement” and was now asking that it be disregarded.

She said she did not like the message this would send to the public.
Justice Charles, in yesterday’s proceedings, said she had sanctioned the plea agreement between the Crown and the convict and she would honour it.