A mother of young children who was jailed for 28 months for stealing just over EC$15,200 from the Montserrat Port Authority has been released from prison following a successful appeal.
Lorrain Williams-Warner, who was reportedly found to be pregnant and gave birth to her fourth child while in custody, had her sentence reduced to time served in the Court of Appeal.
Her case first came to Montserrat High Court on 5 December, 2023, when she was indicted for the theft of EC$15,204.92 between 6 February and 26 September, 2022.
Williams-Warner pleaded guilty before Justice Dale Fitzpatrick on 16 February, this year.
She was sentenced to 28 months imprisonment at His Majesty’s Prison in Brades and ordered to repay the full amount to Montserrat Port Authority.
The judge directed her to pay $5,500 the same day and the remaining $9704.92 in 15 monthly instalments of $647 starting the first day of the month following release from custody.
If Williams-Warner was to default on the payment she would be imprisoned for an additional six months.
Sentence appeal
Five days later, Williams-Warner filed an appeal to the sentence on the grounds that custody was not the only available punishment.
She said the judge failed to properly consider that she was a mother with three children who were aged two, six and eight at the time of the appeal and “who are greatly affected by the sentence”.
On 26 March, Justice of Appeal Mario Michel granted Williams-Warner leave to appeal against her sentence – but not to admit fresh evidence.
The appeal was heard eight months later on 26 November before Justices of Appeal Trevor Ward, Eddy Ventose and Gerard Farara.
Lovetta Silcott represented the applicant and Oris Sullivan represented the Crown prosecution.
Following the hearing, the court ordered that the term of imprisonment of 28 months be set aside, and the sentence substituted with time served, meaning Williams-Warner could be released.
The compensation order for $9704.92 was also set aside.
Pregnancy in prison
According to reports, Williams-Warner was found to be pregnant while in prison, leading to a widespread plea to Governor Sarah Tucker, who is responsible for the prison service, to show some leniency.
Residents and politicians from across party lines called for a comprehensive review, expressing concerns about the prisoner’s wellbeing and the conditions of her detention.
One termed the issue a “significant humanitarian concern,” with another stating: “When our systems show a lack of care, they need to be reformed.”
On 23 September, in an detailed open letter, child social worker Elrose Lindsey called on the governor to consider “clemency or some form of leniency”.
The Governor’s Office offered a short response, saying that it does not comment on individual cases, but the “health and welfare of all inmates at HMP Brades is always paramount”.
“Where necessary, a multidisciplinary team of healthcare professionals will be convened to help manage a particular situation and if warranted, this can include the provision of both physical and psychological support.
“First and foremost however, is keeping the people of Montserrat safe and ensuring that the rule of law in Montserrat is observed and upheld.”
