The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

A LAWYER yesterday denounced the intended prosecution of a 52-year-old man and a minor on firearm related charges notwithstanding that the admitted offender took responsibility for the crimes during an arraignment in Magistrate’s Court yesterday.

Murrio Ducille, lawyer for Geoffrey Wray Sr, expressed his displeasure to Magistrate Constance Delancy at ASP Clifford Daxon’s indication that the prosecution would proceed with the trial against Wray Sr, 20-year-old Toyel Newry and a 15-year-old girl even though Wray’s son, Geoffrey Wray Jr, pleaded guilty to possession of an unlicensed firearm and two counts of possession of ammunition.

The magistrate had sentenced Wray Jr to three years imprisonment for the offences and asked the police prosecutor his position with regards to the other accused persons.

ASP Daxon said based on the file before him, the prosecution will proceed against the remaining individuals.

The response did not sit well with Mr Ducille, however, as he said the move bordered on persecution.

Magistrate Delancy said she was “very conscious” of the answer to her question by the police prosecutor before denying bail to the individuals and remanding them to the Department of Correctional Services to await trial on January 18, 2017.

However, she informed them of their right to apply for bail in the Supreme Court.

It is alleged that the quartet, on Sunday, November 13, were found in possession of a black Glock 9mm pistol, five 9mm bullets for the weapon and a single piece of .38 ammunition.

Wray Sr, Newry and the teen girl pleaded not guilty to the three charges while Wray Jr pleaded guilty to the offences.

Newry was separately charged with possession of dangerous drugs to which he pleaded guilty and was fined $2,500.

However, he pleaded not guilty to the more serious offence of “intent to supply” that was also levied against Wray Sr and Wray Jr.

According to a summary of the facts read by the police prosecutor, police had executed a warrant on Wary Sr’s house around 3.15pm concerning suspected drugs and firearms.

Wray Jr answered the door and he was shown the warrant.

When police inspected the house, they found a loaded pistol in one of the bedrooms and a single .38 bullet on the bathroom floor of the house, resulting in Wray Jr’s arrest.

The 24-year-old was asked if he accepted the facts.

“I accept it,” Wray Jr said, as he clutched a pair of crutches for support.

Mr Ducille, also representing the son, stressed to the magistrate that “there’s crime and there’s punishment.”

“One thing that has been demonstrated of young Mr Wray is that he’s owned up to it and not wasted the court’s time,” the lawyer said.

“Quite regrettably, he has two cousins who lost their lives recently. Mr Wray and his cousins were like brothers and he was constantly threatened that he was next,” the magistrate was told.

Two years ago, his cousins, Shaquan Wray and Shavaz Wray were shot to death in separate killings. Both were witnesses in a murder trial.

“Quite unadvisedly, he found this firearm and kept it,” Mr Ducille said yesterday.

“As a matter of fact, police did not find him walking about carrying the firearm on his person and this is not to justify his actions. But he kept it and I’m sure if he’d sought proper advice he would not have done so and would not be here today,” the lawyer added.

Mr Ducille then took issue with the arraignment of Wray Jr’s father and the girl, questioning why they were before the court.

Resuming his plea in mitigation, Mr Ducille said Wray Jr has “sought to throw himself at the feet of your court.”

“He’s repentant for his misguided action. He had an unblemished record and we could’ve brought persons to speak on his behalf . . . It is a fact that most young men are going and falling by the wayside because they’ve not been given a chance or opportunity to do well.”

Mr Ducille told Magistrate Delancy that Sections 124 to 126 of the Penal Code granted the court the discretion to impose alternative punishments on offenders where an alternative punishment is warranted.

The lawyer also said mandatory minimum sentences have been abolished, restoring to the lower court a wider range of discretion on sentencing.

“Prison is not the panacea for crime. In fact, it should be the very last resort and notwithstanding the gravamen of the offence, justice demands an offender ought to be given a chance,” Mr Ducille said.

After a 15-minute recess, Magistrate Delancy said she had considered the plea in mitigation and the circumstances that resulted in the crimes being committed.

However, she said that she was also guided by the 2014 ruling of Galen Forbes where a four-year sentence was upheld to deter persons from following a similar path.

She sentenced Wray Jr to three years for the firearm, 18 months for the five 9mm bullets and 12 months for the .38 bullets. The sentences will run concurrently from the date of conviction.