Fray’s defence says his 20-yr sentence is excessive

Lawyers representing convicted hijacker, Stephen Fray, wrapped up their submissions on Tuesday, June 21, urging the Appeal Court to quash his 20-yearprison sentence and instead place him in a mental institution.

Fray is serving 20 years behind bars after being found guilty of hijacking a CanJet passenger flight at the Sangster International Airport in Montego Bay, St. James in April 2009.

More than 200 Canadian passengers were held hostage for more than eight hours when the 21-year old ran through security and stormed the plane wielding his father's licensed firearm.

However, during submissions defence attorney, Jacqueline Samuels Brown QC argued that the trial judge erred in rejecting the medical evidence, which showed that Fray was mentally ill.

In continuing the arguments on Tuesday, Mrs. Samuels Brown referred to the Criminal Justice Administration Act which offered the trial judge a range of options in sentencing persons with mental health issues.

Under the Act, she said the judge could have arrived at the guilty verdict, but ordered that Fray be kept at the Courts pleasure in a mental institution or make a supervision order whereby he would not go to prison, but stay with his family where he would be monitored by the authorities.

The attorney insisted that the sentence was excessive, adding that Fray would not get the necessary mental health treatment required for full recovery.

However, prosecutors from the Office of the Director of Public Prosecutions disagreed with her submissions.

The prosecutors argued late Tuesday afternoon that the trial judge had the right to reject the medical evidence and impose a sentence based on the evidence presented to her.

The appeal continues on Wednesday, June 22.

Fray was sentenced to a total of 83 years, following his conviction on charges of an illegal possession of firearm and ammunition, assault, and robbery with aggravation.      

He will serve only 20 years, as the sentences are to run concurrently.