The victim said that part of the deal reached between the lawyers was that the Crown would proceed summarily rather than by indictment. Serving MLAs found guilty of indictable offences are automatically removed from office, but those with summary convictions are at the mercy of the other members of the legislature and can be kept on or removed by a vote. Indictable offences also carry harsher maximum penalties than summary offences. The victim said she had hoped that Barnabas'ss charges would be prosecuted by indictment, but said that Clarke told her it was the best she could do. Clarke would not comment on the negotiations.
Indictments often take longer to be resolved because they require a preliminary hearing.
In her submission to the court, Clarke said the judge should take into account that Barnabas had entered a guilty plea and that the victim did not have to go through the ordeal of giving evidence in court. Kay also said Barnabas had shown remorse for his actions. I acknowledge that what I did was wrong. I have learned from it and I won't do it again. He said that the position of speaker had taken a big toll on him and his family, and that he had started drinking heavily.