‘Give him 63 years’
Prosecution says Shineka Gray’s killer is a ‘habitual criminal’
MONTEGO BAY, St James — Arguing that Gregory Roberts is a habitual criminal, the prosecution on Friday asked the court to consider slapping him with life imprisonment for the murder of schoolgirl Shineka Gray, with no possibility of parole until he has served 63 years.
“My Lord, we live in Jamaica and anybody who goes before the courts three times in three years must receive no mercy… My Lord, we must not allow the people of Jamaica to mock the justice system,” argued the lead prosecutor from the Office of the Director of Public Prosecution, Andrea Martin-Swaby.
She was giving her sentencing hearing submission to High Court Justice Bertram Morrison in the St James Circuit Court.
On February 18, 2014, Roberts was convicted with simple larceny and given a suspended custody. He later escaped custody in April of 2016. Martin-Swaby said Roberts has displayed what she refers to as a “habitual level of criminality”.
“He got 12 months suspended for two years where you are not to do anything between the 18th of February 2014 and the 18th of February 2016. But then two months after, My Lord — and it is telling — you are now convicted for escaping custody and you receive six months in imprisonment at hard labour,” stated Martin-Swaby.
She pointed out that, at that time, the maximum sentence was two years in prison for escaping custody but the court system “was kind” to Roberts and he was sentenced to serve only six months.
“After the court system extended that olive branch on the 5th of April 2016, nine months later in February 2017 Mr Roberts does what I am going to categorise as one of the worst examples of a case,” she said, referencing Shineka’s gruesome murder.
“So my Lord, when he comes here now in 2024, do we say simply larceny [and] escaping custody is of no moment? Can this court find that Mr Roberts can truly be rehabilitated?” questioned Martin-Swaby.
On Thursday, Roberts’ lawyer, Chumu Paris, told Justice Morrison that while the prosecution was seeking the death penalty, this should only be applied if the court finds that the convicted individual is incapable of reform.
However, on Friday Martin-Swaby made it clear that she was not seeking the death penalty. She said what is being sought is life imprisonment, [parole] non-eligibility for 50 years, and with other [aggravated] factors being considered, she arrived at 63 in her calculation.
“For the two previous convictions that he obtained in the space of two years before the murder of Shineka Gray, you must add another three years to those aggravating features. So, I arrive at 63 and yet I abide by the law,” Martin-Swaby told the judge.
Roberts was found guilty by a seven-member jury on January 24. Justice Morrison is expected to hand down his sentence on April 12.
Shineka, who was a grade 10 student at the time of her death, was found dead three days after she had been reported missing. She was last seen alive in Montego Bay while on her way home from the funeral of a schoolmate.
Roberts and his co-accused, Mario Morrison, were later taken into custody in connection with the killing.
Morrison pleaded guilty in September 2022 after entering a plea deal with the State and was sentenced to life in prison a month later.
