Jessroy McKelly as he left the Magistrate's Court on April 18, 2013. Photo: VINO

McKelly appeared before the Magistrate’s Court today, April 18, 2013 for sentencing in his most recent escape from the Balsum Ghut Prison on February 2, 2013.

The defendant expressed a number of grievances during his sentencing hearing, chief among which was the alleged constant violation of his rights and his constant frustration about the way in which he was treated.

Mckelly who was unrepresented before the court during the hearing today, pleaded guilty to the offence on February 7, 2013.

Before he was sentenced, McKelly asked whether the circumstances surrounding his escape from lawful custody would be investigated and asked the Magistrate that his plea be changed due to the frustration he was facing at the prison. He also said that he was constantly being provoked.

According to the defendant he was changing his plea because the details surrounding the escape in court were not even correct as was set out during the proceedings.

Senior Magistrate Tamia Richards noted the concerns but told the defendant that his reasons were not a legitimate excuse for escaping from lawful custody or for having his plea changed.

Senior Crown Counsel Valston Graham said being provoked has nothing to do with his escape and told the court that this was the first instance he was hearing of any violation on the defendant’s part. The prosecutor noted that the defendant’s issues would go towards his mitigation in sentencing.

Graham rose to object to the prisoner’s long list of concerns to which the Magistrate said, “It seems as if he came with a laundry list.”

The prosecutor said, “I am not obliged to sit here and listen to all his grievances. Jessroy must take his grievances elsewhere.”

Magistrate Richards told the defendant that the maximum penalty before the court for escaping lawful custody was three years imprisonment. She expressed that the fact that this was not his first escape from lawful custody was one of the aggravating factors that went against him. Magistrate Richards also stated that the fact that he was at large for less than an hour and acted spontaneously could not be taken as mitigating factors.

She did agree however, that the offence was mitigated by his early guilty plea.

Magistrate Richards handed down a sentence of 24 months in prison and stated that this would run from February 7, 2013 when the defendant had first pleaded guilty to the charge.

McKelly, who is also on remand and currently facing a murder charge, was previously handed an 18 month sentence for an earlier escape from lawful custody.