By DENISE MAYCOCK

Tribune Freeport Reporter

dmaycock@tribunemedia.net

A 46-year-old Grand Bahama man convicted of five counts of incest with a minor was sentenced on Monday to 20 years in prison by a Supreme Court judge.

The father was unanimously found guilty by a jury on March 18 of sexually abusing his daughter, beginning when she was just ten years old. The abuse continued until she turned 14.

During the sentencing hearing on Monday, the court was told that the virtual complainant remains deeply affected and traumatised by the ordeal.

According to a probation report, the victim said she is “sickened” by what her father did to her and wants him to pay for the trauma and emotional damage he caused.

Although the offence carries a maximum penalty of life imprisonment, Justice Petra Hanna-Adderley sentenced the man to 20 years on each count, to run concurrently.

In addition to the custodial sentence, the judge ordered that the convict receive psychological counselling during his incarceration. She further ordered that upon his release, he is to be registered as a sexual offender.

According to the facts presented in court, the offences occurred on five separate occasions. The first incident took place between September 1 and September 30, 2015, in Murphy Town, Abaco, when the victim was ten years old. Subsequent incidents occurred between February 1 and February 29, 2016, when she was still ten; between December 1 and December 31, 2016, when she was 11; between June 1 and June 30, 2018, when she was 12 in Freeport; and between July 1 and July 31, 2019, when she was 14.

In 2021, the victim gave her mother a journal in which she described what she was going through, writing that it had become too much to bear and that she was experiencing frequent nightmares.

Probation officer Laish Boyd Jr compiled a report based on interviews with the convict, his mother, his aunt, the virtual complainant, his estranged wife, and his son.

According to the report, the convict still maintains his innocence and shows no apparent remorse for his actions. Despite this, Mr Boyd believes he is capable of rehabilitation.

In his mitigating plea, defence attorney Brian Hanna said his client has no prior convictions and continues to deny committing the offences for which he was found guilty. He recommended a sentence of seven years.

Crown counsel Shawn Norville Smith acknowledged the lack of prior convictions but emphasised several aggravating factors. He said the sexual acts began when the victim was just ten years old and continued over a prolonged period. Mr Smith also noted that the victim continues to suffer from the trauma caused by the abuse. He recommended a custodial sentence in the range of 25 to 30 years.

During her ruling, Justice Adderley noted that the law considers incest with a minor a most serious offence, given that the maximum sentence of life imprisonment is prescribed.

She said that the aggravating factors outweigh the mitigating factors, adding that events occurred when the victim was very young, at age ten, and continued for over four years, ending when she was 14 years old. “The victim suffered physically, particularly the incidents of anal sex, and emotionally throughout the years of the sexual incidents, and she is still suffering emotionally because of what is outlined in the probation report,” said Justice Adderley. 

“The convict is still professing his innocence and lacks remorse and blames his estranged wife for what happened, she said, referring to the probation report. 

“More importantly, the victim reports that she still experiences insomnia and loss of appetite. Her relationships have been negatively impacted as a consequence of the convict’s actions. She becomes apprehensive when she has to leave her two-year-old daughter in the care of the father, who is her boyfriend.

“She is sickened by the events and wants him to pay for the trauma and hurt he put on her.”

Justice Adderley said that the convict was in a position of trust and violated that trust in the most egregious way.

“The abuse in this case lasted four years, robbing an innocent child of a childhood,” she said.

Justice Adderley said while Mr Boyd believes the convict could be rehabilitated, as of today’s date, he continues to maintain his innocence.

“Rehabilitation begins with acceptance of one’s actions and taking responsibility, but I would not go so far as to say that the convict is not capable of rehabilitation,” she said.

“Taking all of the circumstances of this case, the probation report by Department of Rehabilitative Welfare Services, the impact of the offenses on the victim, and recommendations of sentencing by counsel for the convict and counsel for the crown, I sentence you to 20 imprisonment on each of the five counts to run concurrently to start of date of conviction on March 18, 2025,” she said. 

After the sentencing, Mr Hanna indicated his intention to appeal.