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‘Time served!’ - Elroy G. OKeiffe freed

Following deliberation which concluded in the Court of Appeal on Friday October 3, 2014 it was ruled that Elroy G. OKeiffe should be freed as the court agreed with his attorney Mr Richard G. Rowe that his client’s time spent in prison sufficed for the charges he had pleaded guilty to. Photo: VINO/File
Speaking with Virgin Islands News Online after the ruling, Mr Rowe said the Court of Appeal and the prosecution agreed with the defense’s submission that Senior Magistrate Tamia Richards had failed to properly take mitigating factors into consideration in sentencing Okeiffe as was required under the sentencing guidelines. Photo: VINO/File
Speaking with Virgin Islands News Online after the ruling, Mr Rowe said the Court of Appeal and the prosecution agreed with the defense’s submission that Senior Magistrate Tamia Richards had failed to properly take mitigating factors into consideration in sentencing Okeiffe as was required under the sentencing guidelines. Photo: VINO/File
ROAD TOWN, Tortola, VI – Following deliberation which concluded in the Court of Appeal on Friday October 3, 2014 it was ruled that Elroy G. OKeiffe should be freed as the court agreed with his attorney Mr Richard G. Rowe that his client’s time spent in prison sufficed for the charges he had pleaded guilty to.

Speaking with Virgin Islands News Online after the ruling, Mr Rowe said the Court of Appeal and the prosecution agreed with the defense’s submission that Senior Magistrate Tamia Richards had failed to properly take mitigating factors into consideration in sentencing Okeiffe as was required under the sentencing guidelines.

The defense had proposed to the court a minimum of three years be imposed to the charges Okeiffe had pleaded guilty to.

The defendant had been in court since April 18, 2012. “I pointed out to the court that he, in fact, had already served two years and five months in prison,” said Rowe.

“So the court felt for that reason they would treat the two years and five months that he had been in the lock-ups as sufficient punishment and sentenced him to what is termed in law – Time Served and he was immediately released.”

Rowe in representing the known car dealer said back in 2012 prior to Magistrate Richards passing sentence, “We [had] said look he had pleaded guilty in the mitigation, he apologised, we brought two character witnesses, we had the police, the police admitted that they did not know him to be a dealer so it was very likely that he had found the drugs.” 

He further explained that when Senior Magistrate Tamia Richards had returned with her decision she imposed the maximum sentence on Okeiffe. “…which is five years that she has as a magistrate and without taking into consideration any of the mitigating factors.”

According to Rowe, it was on the basis of Senior Magistrate Richards failing to take into account the mitigating factors and particularly her failure to state in her written judgment that an appeal was filed.

14 Responses to “‘Time served!’ - Elroy G. OKeiffe freed”

  • farmer brown (05/10/2014, 09:31) Like (1) Dislike (0) Reply
    Look the injustice they did to jerry
  • wize up (05/10/2014, 09:43) Like (1) Dislike (0) Reply
    AMEN!!!!!
  • magistrate (05/10/2014, 10:06) Like (27) Dislike (8) Reply
    Not following guidelines she is operating just like the NDP we need a better Magistrate. Thank god for the Appeal court good job
  • corn pork (05/10/2014, 11:17) Like (1) Dislike (10) Reply
    Now that he is free, send him home!
    • @corn pork (05/10/2014, 19:49) Like (8) Dislike (0) Reply
      send him home where johnson ghut......you sound just like an donkey(jack a$$) that young man is from here
  • vex (05/10/2014, 11:26) Like (0) Dislike (0) Reply
    Let justice rings
  • Just saying.... (05/10/2014, 14:13) Like (2) Dislike (0) Reply
    God still sits high and looks low
  • kids (05/10/2014, 14:20) Like (2) Dislike (0) Reply
    To corn beef send him home he from right yah
  • Strupes (05/10/2014, 14:46) Like (3) Dislike (3) Reply
    yourl nough eeee ms Richards make the right decision n the police just as bad going testify on behalf of him bout they don't kno him to be a drug dealer. There is a lot of people out here living Secret lives till they get caught
  • MLK (05/10/2014, 23:04) Like (0) Dislike (0) Reply
    Free at last free at last thsnk god almighty elroy is free
  • time will tell (06/10/2014, 09:49) Like (2) Dislike (4) Reply
    Drug money is hard to resist for some people. Tamia Made the right decision. The laws are too soft. Time will tell. He will end up right in there again and I hope she is still the magistrate when he does and send him back jail for the same sentence which the Court of Appeal will then up hold because justice was not served the first time around.
    • @time will tell (06/10/2014, 17:41) Like (3) Dislike (0) Reply
      Lets hope you don't end up there to, wishing bad: looks like elroy hurt you deeply why would you want to wish bad on someone, yes the man has made his mistake he served his time leave the man alone, why don't you try to encourage him to do better. Seems like drug money is hard to resist for you to...
  • Ghost (06/10/2014, 15:38) Like (0) Dislike (0) Reply
    Sheer incompetence of the senior magistrate, Dr john is the fittest for job, he stick no nonsense but follow the law, hope u ain't get influence like the others to do wrong, let john be senior magistrate, well educated.


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