Silvera said he did not confess to provocation-linked shooting of wife to protect their children - DPP

Politician Jolyan Silvera said he did not earlier admit to shooting his wife because he did not want to deprive their children of both parents. That's according to a statement from the Office of the Director of Public Prosecutions (ODPP), explaining why it accepted his manslaughter plea in the woman's death.

The ODPP said it accepted the plea after it concluded it could not disprove the former People's National Party MP's claim of provocation.

The ODPP outlined the evidential and legal basis for accepting the plea in a statement released "in the interests of justice and transparency" on Friday. Melissa Silvera, 42, was shot and killed by her husband at their Stony Hill, St Andrew, home on November 10, 2023.

Silvera had been charged with murder and using a firearm to commit a felony.

He pleaded guilty to manslaughter and using a firearm to commit a felony as his trial was scheduled to begin before Chief Justice Bryan Sykes on Monday. He is to be sentenced on March 6.

According to the ODPP, Silvera initially pleaded not guilty to murder on both counts of the indictment but guilty to manslaughter. Prosecutors advised the court that acceptance of a plea to the lesser offence would require a factual basis from the defence, as manslaughter did not arise on the prosecution's case.

The ODPP said that on Tuesday night, the defence submitted a signed statement from Silvera detailing his account of the incident.

In that statement, Silvera said he and Mrs Silvera had an argument that escalated into a physical confrontation, during which she blamed him for the death of their young son, hurled expletives at him, and made what he described as derogatory and provocative remarks about his family.

"During the argument she made a comment about their children which he found to be the final straw and at that point he lost control discharged his weapon in her direction," the ODPP reported from Silvera's statement.

"He stated that it was not his intention to hurt or kill her that night and that having done so he panicked and left the apartment," the ODPP said.

Silvera further told prosecutors that in the days following his wife's death, he decided not to admit what had happened because he was thinking about his children losing both parents.

The ODPP said its case was based on circumstantial evidence and ballistic findings, including events before and after Mrs Silvera's death, but not on direct evidence of what occurred at the moment she was shot.

"There is no evidence in the prosecution's possession that can speak to what occurred at the residence when the deceased was shot and killed by the defendant," the statement said.

After hearing Silvera's account, prosecutors concluded they would not have been able to "evidentially negative the partial defence of provocation" raised by him.

The ODPP noted that once provocation was raised on the evidence, the court would have been required to direct the jury on its effect, including the possibility of reducing murder to manslaughter.

The prosecution said it was guided by established case law, including Gaynair Hanson v R (2014), which holds that where an accused's version does not support a murder conviction, a plea to murder should not be accepted.

"The court was of the view that manslaughter was the more appropriate offence," the ODPP said of that ruling.

Prosecutors also relied on Pearlina Wright v R (1988), which establishes that sentencing should proceed on the facts most favourable to the accused where those facts cannot be disproved.

"Neither the prosecution nor the court could ignore the version given by Mr Silvera, especially in circumstances where the prosecution could not disprove the account given by him," the ODPP said.

The ODPP also outlined the factual background to the case, noting that sometime after 10:30 p.m. on November 10, 2023, Silvera told his wife and children that he was leaving the house. An argument followed, according to statements from two of the children.

Early the following morning, one of the couple's sons discovered Mrs Silvera's body on the bedroom floor and alerted his sibling before contacting their father.

A post-mortem examination later revealed three gunshot wounds, and ballistic testing confirmed that projectiles recovered from Mrs Silvera's body were fired from Silvera's licensed Glock pistol. Mrs Silvera was initially believed to have died from natural causes before the autopsy findings.

The ODPP also reported that when police returned to the home in December 2023, the bedroom had been extensively altered, including new tiling, painting, and replacement of furniture and mattresses.

The ODPP said Silvera indicated that no one had told him he could not make changes to the room.

Silvera, then 52, was arrested and charged on January 18, 2024, and has remained in custody since his arrest.

The trial had originally been scheduled for January but was adjourned after the defence successfully applied for further examination of the ballistic evidence.

On Thursday, Chief Justice Sykes approved the guilty pleas to manslaughter on both counts.

After the hearing ended, a female relative of Mrs Silvera, seen outside the courtroom, was visibly distressed. She said the family was praying for justice and would comment further after sentencing.

Silvera's lead attorney, King's Counsel Peter Champagnie, said the matter was at a delicate stage and declined detailed comment. He is also represented by attorney Patrice Riley.

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