KINGSTON, Jamaica — The gym caretaker who pleaded guilty to stealing Director of Public Prosecution Paula Llewellyn’s cell phone from the gym has escaped a prison sentence.

The Kingston resident, Jermaine Martindale, who previously pleaded guilty to simple larceny was on Friday given a one-year prison sentence suspended for twelve months by Parish Judge Maxine Ellis, when he appeared in the Kingston and St Andrew Parish Court.

Martindale’s attorney, Russell Stewart, before the sentence was handed down told the judge that his client had no previous conviction.

He also urged that a non-custodial sentence would better serve his client who is “most regretful and apologetic” about what he had done, which was demonstrated through his early guilty plea.

Stewart also submitted that the court should take note that incident was not the worst case of simple larceny since the complainant suffered no direct physical harm and the phone after being discovered missing was returned the same day in good working condition.

Judge Ellis in handing down the sentence not only took into account Stewart’s plea in mitigation but Llewellyn’s plea for leniency which she made when the matter was first heard.

Tanesha Mundle