Convicted pedophile Albert Alexander Whyley was sentenced to life in prison yesterday for raping a nine-year-old girl.
While handing down the sentence, Senior Justice Hartman Longley told the 60-year-old clergyman the sentence was based on evidence given by the psychiatrist who has classified Whyley as a pedophile who is still considered a threat to children.
His wife and the mother of his young victim sat in separate benches in the court gallery.
The ex-cop was found guilty back in September of having unlawful sexual intercourse with the minor on February 6, 2011.
It was his second conviction in 18 years for the same offense. The first was perpetrated on his daughter for which he served four years.
His sentencing for the latest crime, however, which was set for November 11, was delayed after his attorney Carlson Shurland failed to show for court.
Yesterday, the court heard reports from a probation officer, psychiatrist and a psychologist during Whyley’s sentencing hearing.
Probation Officer Andy Laing, of the Department of Rehabilitative Services, Grand Bahama, revealed that Whyley, the father of 11 children, had readily admitted guilt and expressed a desire to apologize to the victim and her mother for the pain he caused and hoped that they can recover from the experience.
As Prosecutor Erica Kemp attempted to delve deeper into the probation report, at one point, Attorney Shurland strongly objected, insisting that the content was not relevant to the mitigating factors.
He charged that the prosecution was trying to draw a picture that was not clear.
Referencing his interview of Whyley’s wife, Christina, Laing told the court that she admitted she had knowledge of her husband’s past conviction regarding his daughter and said that since that time he has been impeccable around the children.
According to Laing, Mrs. Whyley said she was shocked and confused when she learned of his implication in the latest offense.
Whyley’s wife of 20 years, and mother of three of his children, said, however, that a custodial sentence would not be in his best interest and recommended that he instead be given a probation sentence and an opportunity to receive counseling, Laing told the court.
The probation report further revealed that all but one of the people he interviewed, described Whyley as a kind, thoughtful and caring individual who pursues the things of God.
The other person, the victim’s mother, however, described him as “a lying and deceitful old man who deserves to die in jail”.
Whyley has confessed to raping the young girl back in February.
She told the court that the incident occurred after her mother dropped her off at Whyley’s house on February 6, 2011.
She testified that Whyley had taken her and three other children to a relative’s party and after they got something to eat and drink, he dropped the kids home and took her back to his house.
The girl revealed that the two of them were alone and in the front room when he raped her.
The girl said he took her back to the party and told her to say he went to use the bathroom if anyone asked where he was.
The next day, the little girl wrote a letter to her mother about the ordeal and the matter was reported to the police.
Laing revealed yesterday that Whyley confessed on September 13 — hours after he was convicted.
Dr. John Dillett, a psychiatrist at the Sandilands Rehabilitation Centre, told the court Whyley has since admitted to having flashbacks of the latest incident and has urges of having sex with children since being incarcerated.
When asked if Whyley posed a risk to society in his present state, Dr. Dillett said there is a probability that he may commit the offense again while noting that it was difficult to say to what degree.
When questioned by Defense Attorney Shurland, Dr. Dillett revealed that there was no facility in The Bahamas where Whyley could receive treatment for his pedophilia, which is a mental illness.
Wrapping up her submissions, Attorney Kemp pointed out why a custodial sentence would be appropriate for the convicted pedophile.
“He is a danger. He is a risk to society; he is a risk to the most vulnerable in our society — our children,” she said, adding that the church elder is a repeat offender.
Kemp said Whyley was a deceptive person who deceived everyone around him in believing he was living a God-fearing life.
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Advocating for his client to receive treatment for his illness, Shurland said there were good mitigating factors that came out in the probation report which lend to the belief that his client should get the help he needs.
After hearing from both sides, Justice Longley told Whyley that based on the psychiatric report he remains a threat to objects of his condition; therefore the appropriate sentence is life imprisonment.
As Whyley’s sentence falls under the old sexual offenses law, it does not mean he will definitely spend his natural life at Her Majesty’s Prison.
However, should he be granted pardon after serving his sentence and is released from prison, he has to remain crime free for the rest of his life.
