The Tribune

By LEANDRA ROLLE

Tribune Chief Reporter

lrolle@tribunemedia.net 

ACTING Director of Public Prosecutions Cordell Frazier urged the public to trust her office as it facilitates plea deals that ease the burden on the judicial system and victims.

Her comments explaining what her office considers when making deals came after some reacted with outrage because a man convicted of raping an elderly woman received a nine-year sentence as part of a plea deal last week.

A total of 25 plea agreements have been recorded for the year to date, according to the Office of the Director of Public Prosecutions' report covering the period from January to September 2024. 

The breakdown of offenses includes 16 pleas for armed robbery, the highest among the categories, followed by two pleas each for murder and unlawful sexual intercourse. Other offenses with recorded pleas include one each for attempted murder, rape, possession of a firearm, and "other offences".

She said: “First, we have to look at the nature of the offence and conduct an assessment of the sentence guidelines within our jurisdiction for that offence,” she said. “We then have to consider whether the defendant has any antecedents (actual convictions) of a similar or the same offence. However, charges are not convictions –– the presumption of innocence applies to that.”

“Then, consideration must be given to the early plea, which entitles the defendant’s sentence by law to be reduced by one-third. The complainant, or in the case of a murder, the next of kin is contacted by the attorney with carriage of the matter, and they are advised of the proposed agreement, and their views are obtained. In some instances, they request an impact statement or to be present on the hearing date.”

Some called for stiffer penalties for crimes against the elderly after last week’s plea deal. Ms Fraizer said that, generally, the law already provides for strict penalties, so amendments are not necessary. She also noted courts have the authority to determine if a plea agreement is viable before affirming the deal.

“What has to be considered is both the mitigating and aggravating factors coupled with what sentences have been passed by our courts for similar offences,” she said.

She said plea agreements are a powerful tool that not only help reduce case backlogs but also spare victims from reliving traumatic experiences while giving repentant defendants the chance to take full responsibility for their actions.

“It’s a balancing act,” she said. “We merely ask the public to trust the process and know that the Office of the Director of Public Prosecution is well equipped to carry out its mandate and to uphold the rule of law.”

In the last decade, the office has placed greater focus on plea deals, which are agreements between a prosecutor and a defendant where the accused agrees to plead guilty to a particular charge in return for a concession.

There were 41 plea deals in 2016; 96 in 2017; 72 in 2018; 62 in 2019 and 13 in 2020. In 2023, there were 44 plea agreements: 24 for armed robbery, three for murder, two for attempted murder, three for unlawful sexual intercourse, one for manslaughter, one for rape, and ten for "other offences".