Friday morning marked the last scheduled court date for Peter Gray’s challenge of government’s order for him to leave the territory.
In July 2012, Mr. Gray, a Jamaican, allegedly entered his friend’s girlfriend’s bedroom and forced his head between her legs until she started to scream. In 2014, he was sentenced to 15 months in prison for the crime of indecent assault.
After he finished his sentence, the Crown issued him a deportation order, which he challenged in court on the basis of sections 19 and 20 of the 2007 Constitution, which protect the right to private and family life and the right to marry and found a family.
On Friday, Maya Barry, Crown counsel at the Attorney General’s Chambers, responded to Mr. Gray’s claim.
Ms. Barry argued that Mr. Gray has not resided in the territory for very long, noting that his passport and previous testimony indicate that he had begun continuously residing here in 2008 at the earliest, which means he came as an adult.
She also said that while Mr. Gray had not committed any other crimes, it should be noted that the 2012 incident was relatively recent and a serious crime.
Additionally, the Crown counsel submitted that though Mr. Gray has been in a serious relationship with another Virgin Islands resident for at least five years, that woman remains married to someone else.
Mr. Gray also has a biological daughter in the territory, though Ms. Barry argued that he does not do much to financially support her and there is little evidence they have much contact at this time.
The burden was on Mr. Gray, as the claimant, to prove he had a relationship with his child that would be negatively affected by his deportation, according to the Crown counsel.
Ms. Barry also mentioned that Mr. Gray had no record of membership in any social clubs or churches and no evidence of assets in the jurisdiction, and that his mother still resides in Jamaica.
Claimant
Attorney Ruth-Ann Richards, who represented Mr. Gray, argued that he did have a genuine relationship with his biological daughter, and that the child suffered distress when he was incarcerated.
She also disputed Ms. Barry’s account that Mr. Gray had been here since 2008 at the longest, saying evidence pointed to him living in the territory since 2003.
Ms. Richards submitted that Mr. Gray’s offence was not considered “the worst of the worst” and that he had not committed any other crimes or shown recidivist tendencies.
“He’s hardly a one-man rise in crime,” she said.
Ms. Richards added that Mr. Gray is not a danger to the public and has not been back to Jamaica in seven years.
She also said it would be unreasonable for Mr. Gray’s girlfriend to relocate to Jamaica due to financial obligations to her children.
Both sides are to submit supplemental submissions by Jan. 24, and Justice Vicki-Ann Ellis will issue a judgment sometime afterwards.