Jamaica’s Court of Appeal has re-affirmed the 20-year jail term imposed on a pastor who was convicted of raping a 15-year-old schoolgirl at a church in 2012 but said he could be eligible for parole after serving 13 years and 11 months in prison.
Oraine Ellis, who was previously convicted for carnal abuse but had maintained his innocence on the rape charge, was never given any specified time for parole at the time of his sentencing in the Clarendon Circuit Court in December 2015.
Consequently, the appellate judges, in the recently published judgment, found that the high court judge had failed in that regard and agreed a period of 15 years for Ellis, who was 32 in 2015.
The Appeal Court also found that the pastor was entitled to credit for a year and a month served on remand before his trial but decided to deduct the time from the parole period instead of the actual sentence because of the circumstances of the case and the offender.
The Crown had led evidence that the convicted man met the complainant on April 29, 2012, when she went to his church and was observed at the altar crying.
Ellis, who later questioned the child even about her virginity, then invited her to a church service that night where she documented her challenges on her laptop. However, he told her he could not read it then as he was busy and invited her to return for counseling the next day.
The following day, he contacted the complainant and told her to visit him as he was on his way to church. When she arrived, he took her into his office, and after going through the document, made sexual advances towards her.
The complainant became uncomfortable and tried to leave, but Ellis prevented her exit, insisting that he wanted to bless her before she departed. She again refused.
He, however, poured olive oil in his hand and pushed her against a wall, before raping her.
Following the ordeal, as the complainant dressed in preparation to leave, Ellis dragged her back to his office and raped her a second time.
When he was finished, the complainant, whose pants were stained with blood, reported the rape to her aunt, and Ellis was accosted by angry family members, reportedly beaten, and handed over to the police.
In his unsworn statement, Ellis admitted that he had met with the complainant after the Sunday service interaction but had only prayed with her before she left his office.
Following his conviction, he challenged the sentence on the grounds of miscarriage of justice. He contended that though he had submitted a sample of his DNA, the Crown had failed to submit the sample into evidence and that it could have exonerated him.
His attorney, Melrose Reid, however, argued that while there was no evidence that DNA exonerated her client, the Crown had a duty to put it before the jury so they could fully assess what had transpired.
The Crown, in reply, argued that it had disclosed the results to the defense and that it could have utilized the evidence if it was of the view that it could have advanced Ellis’ case.
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